Cherokee intelligencer. (Cherokee (C.H.)) 1833-1834, June 08, 1833, Image 1

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01. I—Pio. 17. <■ 'I'.H THE INTELLIGENCER 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: WILSON LUMPKIN, may 4—12 Governor. AN act to alter and amend the ninth section ol the' third article of the Constitution, relative ' to divorces. 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 vorces. _ ASBURY HULL. Speaker oftlp* House of Repir< n ntatives: THOMAS STOCKS, 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 CHEROKEE INTELLIGENCER. 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 j -aid. “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 member each. 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. Vlest, '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 ingly. 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. FOR JULY. WMLL be sold at the Court-House in Cherokee county, on the tit's* Tuesday iu July, the fol lowingproperty to-wit. 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 stable. 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 ! constable. 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 ’ a constable. 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 wit. 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. FOR JULY. 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 wit: 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. FOR JULY 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. Jackson 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 constable. 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 a constable. 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,