01. I—Pio. 17.
Is published once a week by Howell Cobb, at three
dollars a year, to subscribers, when i lid in advance
or at four dollars, if not paid until the end ofthe year
No paper will be di continued, but at the option o!
.the Editor, to any subscriber in arrears.
Advertisements and Job Work will be executed t
.the customary prices.
Ccratnittiicnlioti to the Editor must be post paid •
.entitle them to attention.
fa N act to alter the third section of the fourth
za. article, of the Constitution of this State, so
far as to authorise the people to elect the general
officers of the Millitia of this State.
Be it e; acted by the Senate and Hmse of Rep
res”nta'ives of tV.e State of Georgia in Gnera! as
sembly met, am! it is hereby enacted by the au
thority of the same, That from and immediately
after this act shall nave passed, in conformity with
the Constitution of this State, it shall and may
be lawful tor ail Major Generals, to be elected by
the people of the respective Divisions or Brigades,
and ail persons subject to Io millitary duly shall be
entitled to vote for the same only.
And be it further enacted by the authority a
foresaid, Thai bereaber when any vacancy of a
Major General or Brigadier General, shall happen
in any Division or Brigade in this State.it shall be
the dutv of his Excellency the Governor, to give
notice of such vacancy to the millitary officerhigh
est m command in each county, cornnosing the di
vision or brigade m which such vacancy has hap
pened, and it shall be the duty of the Colonel or
other Military officer highest in command in each
count v. Io give notice by advertisement at three of
the must public places in the county, at least
twenty davs before the election, that an election
will be held on the first Moudav in October next i
ensuing, at all the places ofholding election, in ■
Said comity, to fill sm.h vacancy, ami it shall be [
the duty of the managers of elections, to receive I
the votes so given in for such military officers, am!
to transmit immediately after the close ol the elec
tion a correct statement of the polls to his Eceilen
cy the Governor, ami it shall be the duly of his
Excellency the Governor, to cause the votes so
given in lor each canditatc to be counled, and to I
issue a commission ;o the person having the high - !
Cat number of votes so given in.
And be it further enacted by the authority afore- '
Baid, That all laws and parts of laws militating a
gainst this act, be ami ihe same ate hereby re- I
pealed. ASBURY HULL.
Speaker of the House ol Representatives.
THOMAS ST< M’KS,
President of the Senate. ;
Asser ted to, Dec, 24. 11132:
may 4—12 Governor.
AN act to alter and amend the ninth section ol
the' third article of the Constitution, relative '
Whereas the said section ami article ofths Con- j
Sti'iition of the State of Georgia, requires alter-tion, i
Beit therclore enacted hv the Senate and House j
of Repieseutalives o! the f-tale of Georgia in Gen- ;
oral Assembly met, and it is hereby enacted by the j
authority of ihe same. That so soon as the fol-i
lowing amendment shall be passed agreeable to the j
fifteenth section <4 the tourth article of the consti- ;
tution, it shall be received in lieu of ninth section
of the third article to wit:
“Thai the superior courts of the several counties j
in this State shall have full power, to decide on j
the last resort tn all cases of divorces, in .he follow
ing manner, to wit : The p rties concerned shall
bring their case before a petit jury, as a common
issue at law, an I as such the proceedings shall be
had thereon: Tlwit in the verdict is in favor ofa
divorce, the said cause shall be put on the appeal,
docket and be tried by a spe< ial jury, ami if the
special jury confirms the verdict of tne p'tit jury
and (he next succeeding gram! jury ..hall, hv their
recommendation confirm the verdicts of the a
forcsaid juries, the said divorce between the parties
shall be li.i.tl; and it shall be the duly <>f the Judge
ofihe superior conn to have all the evidence and
pr iceedii.g on said divorce, down to die las! de
cision as heretofore directed, entered on the mine
iites ol said court, ami from this proceeding ther
shall be no appeal-hut the divorce shall be final
and coinplet" a vinculo matrimonii.”
Sec. 2. And be it further enacted. That this
act having passed both branches of the legislature,
and having been adve.iised six months ami all the
requisites of the constitution complied with, shall
thereaftor be the law of the land in the case of di
_ ASBURY HULL.
Speaker oftlp* House of Repir< n ntatives:
President of the Senate:
may 4—l-2 Dec. 24. 1832.
EXLCU Fl YFTdEP \K fll ENT, GEORGIA.
Mili.edgev ii.i.r, 17th May, 1853.
"%V’’’TER E AS, hv an act of the General Assem
’’ bly of this State, passed inc 21th day De
cember, ’832. entitled ‘‘an Act to provide for the
call ot a Convention to reduce the number of the
General Assembly of the State of Georgia, a"d for
otlv-r purposes therein named.” it is provided
•‘That it shall he the dutv of 1 lis Excellency the
Governor to give publicity to the alterations and
am m lments made in the Constitution in reference
to the reduction of the number of members < om
posiug the General Assemble--and the first Mon
ti •»' 1 > October next, after the rising of said Con
vention, he shall tix on for the ta ilkation, by the
The Truth —The whole Truth.
1 people, ofsnch amendments, alterations or new arti
cles as they may make for the objects of reduction &
• equalization of the General Assembly only: ami if
ratified by a majority of the voters who vote on the
question of “Ratification” or “No Ratification”
-then, in that, event, the alteration so by them
lade ami ratified, shall be binding upon the peo
le ofthis State, and not otherwise.” And, where
, the Delegates of the people of this State, as
mblcd in Convention under the provisions of the
fore recited act, have agreed to. and declared
e following to be alterations and amendments of
, ae Constiution of this Stale, touching the repre-
I sentation of the people in the General Asssetnbly
j thereof, to wit:
I “Whereas, the third section of the first article ©I
■the Constitution of the State of Georgia is in the
I following words, to wit: “The Senate shall be elect-
I ed annually on the first Monday in November, un
til such dav of election be altered by law, and
j shall be composed of one member ftom each coun-
I tv, to be chosen by the electors thereof.” And
' whereas a part of the seventh section of the first
article of the Constitution of the State of Georgia
is in the following words, to wit: “The House of
Representatives shall be. composed of members
from all the counties which now are or hereafter
may be included within the State, according to
their respective numbers of free white persons and
including three-filths ofall.the people of colour:”
: And io the same section, the following, to wit:
I “each county containing three thousand persons
! agreeably to the foregoing plan of enumeration, '
'shall be entitle.l to two members, seven thousand i
!to three member, and twelve thousand to four
■ members, but each county shall have at least one
l and not more than four members.”
! Ami whereas the aforesaid third section, and
■the said parts of the seventh section of the said
I first article of the Constitution, touching the re
! presentation of the Genera! /Assembly of the State,
I has been found, by experience, to be detective, on
i account of the great numbers in me Legislature
i and the enormous expense on account thereof—we
I the Delegates of the people of the State of Geor
gia, in General Convention assembled, chosen and
authorised l>y litem to revise, alter and amend the
said two sections ami ©the: parts.il any, touching
the representation of the people ol Georgia in the
General Assembly, have, after mature reflection
I and deliberation, declart d the following to be
amendments in lieu of the aforesaid third section,
and parts of the seventh section. winch.
i when unified by the people of the State, shall be
I taken, held ami considered as parts of the Umisti-
I tution al'the State ofGeorgia in lieu of the afore
“Ihe Senate shall be elected annually on the
[ first Mond.iy in October, until such dav of elec
i tmn shall b<* altered by law. and shall be composed
i of one member from each senatorial district to be
l chosen by the electors thereof, which said senato-
I rial districts shall be form ’d by adding two conti
j giions counties together throughout the State,
without regard to population, as is hereinafter spe
I (died an I defined, the county of .Murray excepted,
j which shall constitute, together with such county
| or counties as may be hereafter formed out of the
I terrimn now composing sail county of .Murray.
' one senatorial district, the whole number of dis- ,
I tricts shall be forty-five ami no more, ami in the I
I event of the formation ol any new county or coun- ;
[ ties, the legislature, at the time of such formation.
I shall attach the same to some contiguous senato-
I rial district.
I Each senator shall be a resident of the district
i for which he may be elected, as is required by the
i present Constitution, of residence in the county.
The following shall be the senatorial districts:
The county of Murray shall constitute the first
district.' The second district shall be composed
>of the counties rtf Gilmer and Union: The third
of the counties of Rabun and Habersham: The
fourth, of the counties of Lumpkin and Chero
kee: The fifth, of the counties of Cass and Floyd:
: The sixth, of the counties of Jackson and Hall:
The seven’ll, of the counties of Franklin and
Madison* The eighth, of the counties of Gwinnett
; and Forsyth; The ninth, of the counties of
I Paulding and Cobb: The tenth, of the counties
■ of Fayette and DeKalb: The eleventh, of the
1 counties of Campbel! and Carroll: The twelfth,
iof the counties, of Coweta and Merriwether;
j The thirteenth, of the counties ol Troup and
l Heard; The fourteenth, of the counties of Henry
land Newton: The fifteenth, of the counties ot
Walton and Clark; The sixteenth, of the coun ’
i ties of Oglethorpe and Elbert: The seventeenth, ■
Jof the counties of Greene ami Talliaferro; The [
j eighteenth, of the counties of Wilkes and Lincoln: I
’ The nineteenth, of the counties of Putman and j
1 Morgan: The twentieth, of the counties ol Bu’ts '
and Jasper: The twenty-first, of the counties ol
Pike an i Upson: The twenty-second, of the coun
ties of Harris and Talbot: The twenty-third, of
I the counties of Crawford and Monroe: The
twenty-fourth, of the counties of Bibb and Hous-
■ ton; The twenty-fifth, of the counties of Jones
[anil Baldwin: The twenty-sixth, of the counties
lof Twiggs and Wilkinson: Tiie twenty-seventh,
ol the counties of Warren and Hancock. The
twentv-eightii, of the counties of Columbia and
Richmond: The twenty-ninth, of the counties
of Burke and Scriven: The thirtieth, of the coun
ties of Washington and Jefferson: The thirty
first, of the counties of Bullock and Emanuel:
The thirty second, of the counties of Laurens ami
Montgomery. The thirty third, of the counties of
Doolv & Pulaski: The thirty-fourth, of the coun
ties of Marion and Muscogee: The thiity-fifth, of
■ the counties of R andolph and Early. ’lhe thirty
sixth. of the counties of Sumpter and Stewart;
■ The thirty-sevemh, of the counties of Baker and
Cherokee, [C. ll.] Saturday, JuneS, 1833.
Lee: The thirty-eighth, of the counties of Irwin
and Telfair. The thirty-ninth, of the counties of
Appling and Tattnall. The fortieth, of the coun
ties of Chatham and Effingham. The forty-first,
ol the counties of Bryan and Liberty. The forty
second, of the counties of M’lntosh and Glynn.
The forty-third, of the counties of Wayne and
Camden. The forty-fourth, of the counties of
Ware and Lowndes. The forty-fifth, of the coun
lies of Decatur and Thomas. The House of Re
presentatives shall be composed of members from
all the counties which now are, or may be, includ
ed within the State, according to their respective
numbers of free white persons.
The whole number of members in the House of
Representatives shall be one hundred and forty
four and no more, except in the case of a newly
( created county or counties; such new county or
'counties shall have one member for each county.
■ until the taking of the next census thereafter, and
1 the whole number shall be apportioned in the
< following manner, viz; the fifteen counties having
the highest number of free white persons shall be
entitled to three members each, the twenty-five
counties having the next highest number of free
white persons shall have two members each, and
the remaining forty-nine counties shall have one
i Whenever, from the creation ofa new county ot
| counties, the whole number of members in the
House of Representatives shall exceed the num
ber of one hundred and forty four, it shall be the
■ duty of the Legislature, at its first session after
■ the taking of the first census after the creation of
■such new county or counties, in apportioning the
. members, to take one member from one of the
I counties having three members, to supply such
newly created county, always beginning with the
county that has the smallest number of free white
persons that mry be entitled to three members.
The census shall be taken, as heretofore, once
in seven years, and the Legislature shall, at its first
session after the taking ofea< h census, apportion
the members among the several counties of this
State, as is heretofore provided; provided each
county shall have one member.
J AMES M. WAYNE,
President of the Convention.
May 15, 1833.
'y„.K,.v S ItcxT, J Secretaries.
llvmilton B. Gaither, j
I, therefore, i t conformity with the provisions of
Pie before recited act. do hereby give publicity to j
: he same, and enjoin the voters fbt members of the
General Assembly of this State, on the day fhere
in specified, to wit. on the FIRST MONDAA T in ■
OCTOBER NEXT, to give their vote of“RA
riI’ICATION” or “NO RATIFICATION.”
as provided in said act, and that the presiding offi
gets certify the same to this Department accord
Given under my hand, and the seal of the Ex
ecutive Department, at Milledgeville, this the
day ami year first above written.
By the Governor, WILSON LUMPKIN.
Rhodom A. Greene, Secretary. 1G
Cherokee Sheriffs’ Sales.
WMLL be sold at the Court-House in Cherokee
county, on the tit's* Tuesday iu July, the fol
Lot of land number twelve hundred and eighty
four, in the fifteenth district, ot the second section;
levied on as the properly of James .Martin, to satisfy
two ft fas issued from a Justice’s court of Washington
county, in favor of F. Cullins & Sons. Levy made
and returned to me by a constable.
Also, lot number fifty-six, in the twenty-second I
district ot the second section, levied on as the proper-!
ty of Sampson Vickery, to satisfy two ft fas issued i
from a Justice's court in Habersham county, in favor
of Stephen Griffith, vs. Daniel Vicketyand Sampson
Vickery. Levy made and returned to me by a con-j
Also, lot number thirty seven, in the fifteenth dis- j
trict of the second section, levied on as the property
of Daniel Kaltely, to satisfy a ft fa issued from a Jus
tice’s court of Gwinnett county, in favor of Cleve
land A Tate Levy made and returned to tne by a !
Also, lot number twelve hundred and forty-seven. I
I in the twenty-first district of the second section, levied I
on as the property of William Furgerson, to satisfy
[ a fi fa issued from Elbert Superior Court for cost, in i
I favor of James Edmonson. Property pointed out by I
I the defendant.
I Also, lot number three hundred and three, in the I
I second district of the second section; levied on as the
property ot Aaron Seymore, to satisfy a fi fa issued
from a justice’s court of Walton county, in favor of |
John 1’ Winn. Levy made and returned to me by ’
Also, lot number one hundred and fifty, in the four- ■
teenth district of the second section; levied on as the
property ot James Parker, to satisfy sundry fi fas is
sued from a Justice’s court of Harris county, in favor,
ot William C. Osborn. Levy made and returned to
me by a constable. |
Also, lot number seven hundred and ninety-nine
in the fifteenth district of the second section; levied
on as the property of William Arnold, to satisfy a ft
ta issued from a Justice’s court of Gwinnett county in
favor of James Wardlaw. Levy made and returned
to me hv a constable.
Also, lot number eight hundred and eighty-three in
the fifteenth district oftbe second section; levied on
as the property of Lewis Gregory, to satisfy three fi
■ fas issued from a Jnst ire’s court of Monrc e county, in
favor ot Charles D. Stewart. Levy made and re
turned to me by a constable.
J. P. BROOKE.
i may 28—17 Shff.
Whole No. 17.
ibW be sold on the first Tuesday in July next,
[' ▼ > at the Court-house in Cherokee county, with
in tlie usual hours otsale, the following property, to
Lot number nine hundred and thirty-one, in the
second district of ihe second section: levied on as thg
property of James Lovett, to satisfy a fi fa issued
. from the Superior Court of Hancock county, in fa
vor of J. W Scott, and Huddleston, for the use
of Reeves and Hunter vs. James Lovett.
Also, lot number two hundred and sixteen, in the
fourth district of the second section, levied on as the
property of Silas Grace, to satisfy a ft la issued from
[ tfie Superior court of Hancock county, in favor of
■ Josiah E. Bachelder and Charles E Good wise, under
■ i the firm of Bachelder and Co. vs. said Grace.
Also, lot number nine hundred and seventy one, in
J the third district ot thesecond section; levied on as the
property of Willis Whatley, Charles McLemore and
Elliot Read, to satisfy a fi fa issued from a Magistrate’s
court of Troup county, in favor of Sattbld &. ’■’iears
vs. Willis Whatley, Charles McLemore and Elliot
Read. Levy made and returned to me by a consta
ble. JOHN W.LEONARD,
may 28—17 Dept. Shtf.
GUmev Sherifis’ Sales.
WILL be sold on the first Tuesday in July next,
at the Court-House in Gilmer county, within
tiie usual hours of sale the following property to wit :
Lot number two hundred and fifty-eight, in the
tenth district of the second section, originally Chero
kee, now Gilmer county, levied on as the property of
Sterling p. Smith, to satisfy two fi fas issued from a
Justice’s court of Hancock county, at the instance of
Jacob p. Turner <fc Co. and transferred to N. Chil
ders. Levy made and returned to me by a Consta
ble. LEVI W. HUFFSTUTLLR
may 28—17 >i*itf.
WILL tie sold on the first luesday in July next,
at the Court-House in Gilmer county, within
the usual hours of sale, the following property, to
Lot number one hundred and ninety, in the siyth
district oflhe second section, containing one liundr d
and sixty acres, more or less; levied on as the proper
ty of James Sturdivan, to satisfy a fi fa issued from a
Justice’s court of Jones county , in favor of Mark Wo
mack vs. said Sturdivan. B. B QUILLIAN,
may2B—l7 Dept, "hfl
Paulding Sheriffs’ Sales.
WILL be sold on the first Tuesday in July next
at the place of holdingcourt in Paulding coun
ty, the following property 1 o wit:
Lot number twelve hundred eighty five, in the third
dist rict of the third section, of originally Cherokee,
now Paulding county; levied on as the property of
[James H Fanlkenberry, to satisfy afi fa issued from
] Richmond Superior court, in favor of Eugene D.
| Cook, vs. James F Faulkenberry.
Also, lot number sixty, in the eighteenth district of
j the third section, of originally Cherokee, tirov Patild
[ ing county; levied on as the property of Daniel M.
; Jackson, to satify a fi fa issued from Butts Superior
court, in favor of N. and H. Ward vs- Daniel M.
Also lot number six hundred and forty-nine, in the
18th district, of the third section, of originally Chero
kee. now Paulding county; levied on as tiie proa-Tty
of Basil Lowe, to satisfy a fi fa issued from a Justice’s
court of Butts county, in favor ot E. Case, benrer,
vs. Basil Lowe Levy made and returned to me by a
Also, lot number one thousand, in the second district
of the third section, of originally Cherokee, now
Paulding county; levied on as the property of John
l Portwood, to satisfy a fi fa issued from a Justice’s
court of Henry county, in favor nf John Hall, vs.
John Portwood. Levy made and returned tc me by
Also, lot number one hundred and forty-six, in the
the third district of the fourth section, of originally
Cherokee, now Paulding county, levied on as the
property o’’ It. H. Caldwell, to satisfy a fi fa iss>»< d
from a Justice’s court of Monroe county, in favor of
Case and Goodrich, vs Richard II Caldw.ell .. Levy
made and returned to me by a constable.
Also, lot number five hundred and seventy-five,
in the second district of the fourth seeti n of origin
ally Cherokee, now Panlding county; levied on as
■ the property of Zacharia S’aytnn. to satisfva fi fa is
! sued from a justice’s Court of Wilkescounty. in favor
of Thompson, andfor the use of Joseph R. "Gilbreath.
Levy made aad returned to me by a Constable.
I Also, lot number six hundred and ninety-eight in
[ the eighteenth district of the third section, of originM
; ly Cherokee, now Paulding county; levied on as the
| property of Montford Willhight. to satisfva fi.fa. i-su
j from Newton Superior Court, in favor of Henry 11.
' Field, vs. Montford Wil'hight
I Also, lot number one hundred and seventy eight, in
the third district of the third section, of originally
1 Cherokee, now Panlding county: levied on as the
j property of Mary Page, to satisfy a fi. fa. issued from
[ Hancock Superior Court, in favor of S. A- 11. Jones,
i vs. Mai y Page.
Also, lot number five hundred and eighty four, in
' the first district, fourth section, of originally Chero
i kee now Paulding county; levied on as the property
i of Joshua Johnson, to satisfy a fi. fa. issued from a
j Justice’s Court of Madison County, in favor of A.
i Criwford, vs. Joshua Johnson. Levy made and re
turned to me by a Constable.
' Also, lot number 100 and eighty three, in the twen
tieth district, of the third section, of originally Cher
okee. now Panlding county; levied on as the property
i of Archibald McGrady, to satisfy a fi. fa issued from
I a Justice’s Court of.Madison county.in favor of Wi.il
: iam Maroney, vs. said M’Grady. Levy made t’Qflre
i turned Io me by a Constable
I Also, lot number two hundred and fifty nine, in the
■ third d istrict of the fourth section, of originally Cher
: okee. now Panldingcounty; levied on a* property of
' .Tames W. Howard and J. R Howard to satisfy an
[ execution is-ued from a Justice’s Court of Washing
i ton county, in favor of John Weaker, vs. said How
' ards. Levy made and returned to me by a constable.
| Also, lot number nine hundred and thirty two, in
i the second district of the third 'cction. of originally
i. Cherokee, now Paulding county; levied on as the
- property of Amos P. Garlington to satisfy a fi. fa. in
favor ot McCullen Pollocx, vs. Amos P Garlington.
JACOB PARI.H R.
may 28—17 Dept Sh’ff,