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required to take such steps under the
fourth section of the fourth article o! the
Constitution of the United States as might
seem proper. This last named measure
was adopted, that, if matters proceeded to
extremity, it might appear that every pro
per and possible precaution had been re
sorted to by the Executive.
The result of these several applications
are known to you. With regard to that
made to the Federal Government, 1 will
not now spe»k, further than to say, that
having made it in the regular and consti
tutional discharge of official duty, I felt
hound, as Chief Magistrate of Pennsylva
nia,'to protest against the reception it met
with, and the highly improper reply made
to it.
Fortunately, however, the appeal made
to the citizen soldiers of the Common-1
wealth was heard, without douht of its ne
cessity or delay in obedience.
The presence of Major General Patter
son’s, and, subsequently, of Major General
Alexander’s commands, completely accom
plished the object in view. 1 heir num
bers were sufficient to frown down every
thing like open violence, while there cor
rect and soldierly deportment obtained the
confidence of the moderate of all parties.
Under protection of their presence, the
metnliers of the Legislature were free to
settle their own differences in their own
manner. With regard to the result of
their deliberations, of course I, as an Ex
ecutive officer, can express no opinion.—
Aly only "duty was to take measures to en
sure its accomplishment, by the free agen
cy of Ibe members themselves, and when
that was effected, to dismiss the military
force. This has accordingly been done,
and the hope is sincerely entertained,
that a resort to similar protection may nev
er again be required.
To the citizens of the State, generally,
the events of the past three weeks are
fraught cither with instruction or fearful
omen, as they may he Ircated. If from
them we learn the danger of departing
from law and right, even in the slightest J
degree, or to accomplish the most dcsir-i
able object; and if all make up their minds, j
hereafter, to frown upon every originator
or advocate of such insurrectionary move
ments, the lesson will be invaluable, and j
the present disgrace productive of lasting
benefit. But if a repetition of the outrage
be countenanced, and mob threats become
the rule of legislation, then it requires lit
tle political sagacity to foretell the speedy
downfall of our liberty, and the complete
prostration of all rights. The desperado
who enters a legislative hall to-day, with
his bullies, to compel the admission of it
particular member, will assuredly, and,
perhaps on the morrow, demand the pass
nee of a law to promote his private inter
est at the expense of others. Nor will it
he long before he uses t lie same means in
a court of justice to escape punishment
or cheat his neighbor. Then the differ
ence between guilt or innocence, the value
of little deeds, and the sacredness of all
rights, will be only nominal. Might will
he right, and the minority and the timid,
slaves.
Tlie evil effects of the 1 ate disorder will,
1 (ear, be immediately felt in the pecuni
ary credit of the Commonwealth, unless
voti, her representatives, act promptly
and efficiently. Well may capitalists and
creditors doubt the faith of a community
to them, when that community is faithless
to its own dearest rights. It therefore be
comes your imperative duty, gentlemen,
not only to your posterity and the majesty
of the laws, hilt to yourselves and your
own immediate interests, to say to the
world that similar outrages shall not again
take place, and that what has happened is
the work of only a few desperate men,
and not of the People of this great State.
This it seems to me, can be accomplish
ed by the enactment of severe laws against
all riotous or violent proceedings at the
seat of Government during the session o!
the Legislature, and t>y compelling the
county or counties, whose citizens shall
he orginators or ringleaders of such pro
ceedings, to pay all the loss caused by
them, and expense incurred iu their sup
pression.
It will be also proper to revise the acts
of the Assembly relative to election re
turns. and to render the mode of making
them so plain that no one can misunder
stand or evade them. In their existing
shape, there is some difficulty in arriving
at the true intent of the Legislature. In
the present case, I have not the slightest
doubt but that the duties of the proper ex
ecutive officer, with regard to the disputed
returns, was legally and faUhfuly perform
ed. But the subject is one of such vital
importance that the law should he render
ed perfectly plain, and every shadow of
doubt removed. 1 am clear in the opin
lonlhnt the whole of the late difficulties a
rose from the return judges assuming
powers never intended to be delegated to
them. They are merely ministerial officers.
Their duty is only clerical, and consists
exclusively in adding up and declaring
the whole vote polled for eacli candidate
within their district, and making return
thereof to the proper officer. The law
gives them no power to reject or exclude
the vote of a district, or part of a district.
It is from the unauthorized assumption of
such dangerous power that the w hole of
the recent disturbances proceeded. I
would, therefore, recommend the infliction
nereafter ol the most severe penalties on
similar usurpations.
I shall now proceed io lav U fore vou the
messsage as it was prepared to be transmit
ted on the Ith ii *j:mt
[For the Brunswick Advocate.]
THE LUMBER BUSINESS.— N<». 2.
1 OUE RESOURCES AND IMPROVEMENTS.
j Mr. Editor,
It may be nsked, if mills should in
• crease to a considerable extent in this sec
tion of country, where we should find a rnar
■ ket for our lumber. To this it may be replied
|—fortunately, «e have several harbors and
rivers into which large ships can enter with
I safety, and come almost in contact with the
‘standing timber itself, which cannot with so
much truth he said of uny other lumbering
' section on the American coast. And this is a
very important consideration. Lumber being
very bulky according to its value, will hardly
bear transportation on long voyages in small
; vessels ; while large vessels can carry it at a
! great profit even from America to Europe.
Being situated therefore, as we are, with an
abundance of timber, and with every natural
advantage and facility for manufacturing, and
being situated on or near the great thorough
fare from Europe and the Northern States to
the Gulf of Mexico, also on the route from the
Northern States to the West Indies, where
thousands of vessels pass and repass annually,
wanting lumber often to carry cither way, we
are enabled, ns the yellow and pitch pine is
every wlierc esteemed, to send it, or sell it to
he carried to all parts of the world. This ren
ders it almost impossible for it ever to want a
market.
Secondly, there is a great amount of lumber
consumed in all parts ; —more value probably)
consumed in lumber, than in any other article
of merchandise. In the United States there is
not less than four thousand mills that cut lum
ber (though not in an over supply) for seaport
markets. Wc may conclude, therefore, that
fifty mills erected in our section, would hardly
make a perceptible change in the price or
demand of lumber. And certain it is the de
mand is likely to increase much faster than
the mills to supply it.
It may be objected to the building and own
ing of steam mills, their liability to destruc
tion by fire. That there is some danger in '
this respect is very’ true. But there is much ’
less when the mills are properly built, than is j
generally supposed. And 1 am disposed to
believe that nine-tenths of the disasters that
do take place from fire, are owing to want of t
precaution in building, and reckless careless-1
ness after mills are built. In building steam !
mills, the furnace and the whole tire appa
ratus should he separated from every part
made of wood by brick or stone walls. When
this is done the danger from lire is small. In
the next place steam saw mills should, like
other factories when not in operation, always
have a watchman. They should be furnished
also with it watchman's clock. That is, a ma- ;
chine kept in motion by weights, so construct- j
oil as to receive a pin every thirtieth minute, >
anil no other time, making the watchman
amenable for neglect to insert it, and conse
quent neglect of duty. By such means and
precautions, which nre attended with but a
trilling expense, nearly all danger from the de
istroving element is excluded. But neverthe
less, allowing the danger from fire to ho as
great as usual, insurance can he effected on
steam mills for five tier cent per annum.
It may be objected to lumber mills that the
sale of lumber is liable to be obstructed by
revolutions and convulsions in money affairs.
To this it may be answered, that the sale of
lumber is no more exposed to such obstruc
tions than any other staple commodity of our
country. In the late convulsions it was less
affected than cotton, or any of the fabrics
made therefrom. Nor can the danger on the
lumbering business in this section in any way
lie considered greater, if so great, as on the'
cotton grow ing or cotton manufacturing busi
ness.
It may be said again, and asked with some
assurance, bow it is, if the lumbering business
is so very profitable, that many have failed, or
lost money thereby ? To this it may be re
plied, that in nil the northern states the him-;
bermen have ice freshets, droughts,&c. to con
tend with, which in some respects are essen
tial to the business there, but oil the other
hand often sweep away or deprive them of a
vear’s. and not unfrequently a life's labor.
Then mills have been heretofore mostly water
mills, w hich nre not expected to run over one
half of the year, and placed on large rivers
with expensive dams, which,also to the amount 1
| of hundreds of thousands of dollars are often
swept away in one hour's time. Their timber
is cut at enormous expense, hundreds of miles
up the rivers, sometimes on hills and biothi
taiu cliffs, and can pnly' be brought to the
nulls over the immense rapids that intervene
On the highest freshets, amidst snow and ice
j not only at the peril of loss, but immense bard
ships and danger to lives. The business of
getting the timber from northern forests to the
mills is a trade of itself, which requires a life
to learn, and then can only be endured by
the most hardy and robust men, who expect
and demand great pay for their labor.
And further, one year from the time the
timber is cut in the woods is the shortest time
that is generally expected in getting it to
■ market, and throe years often elapse before
r that is brought about. This causes immense
| outlays in getting the timber, aside from build
; ing the mills, to say nothing about the losses.
And I might add without fear of contradiction,
that the white pine sells upon an average,
twenty per cent, lower than our yellow and
■ pitch (line —yet many have made money at the
business. Cut in this section we run no risks
BRUNSWICK ADVOCATE.
from freshets or delays from droughts. M e
have no enormous outlays for the supply of
timber; in one month from the tune the tim
ber is cut in the woods, it can be sold in mar
ket, and that at all seasons of the year. In
the next place here at the south, as well at tho
north, many, for the purpose, as they supposed,
of receiving a fill! supply of timber, have
placed their mills above ship, and even above
sloop navigation, forgetting or being ignorant,
that sawed lumber is, according to its value,
the most expensive of all articles to move)
and above all, the most liable to injury and
loss by removal. This has been the cause of
many failures. But I would ask where is the
■ properly built and well managed saw mill at
the head of ship navigation that lias not paid,
or is now paying, an enormous profit. To say
i that we cannot build good mills at this day,
; and in this section of country, and manage
them properly, is to say we are wanting in
sense and energy. To say that the prospects
of the lumbering business here are not abun
dantly better than any other business for mak
! ing money, is a contradiction of reason and
facts.
I beg leave, to say a word or two in my
next of the effects of this business on our mor
, al and intellectual interests.
Reflector.
BY AUTHORITY.
AN ACT
To apportion the Representatives among the
several counties in this State, according to
the sixth enumeration, in conformity with
the seventh section of the first article of the
Constitution.
Whereas the seventh section of the first article
of the Constitution, directs that the House of
Represents, shall be composed of members from
all the Counties, according to their respeclive
members of free white persons, including three
fit'll is of all the people of color; in order, there
fore, to apportion the Representatives of each
county respectively, according to the said sixth
enumeration or census,
Hr it therefore enacted Inj the Senate anil
House of llrprcsrntiitiers of the State of Georgia
in (irneral Assembly met , and it is lierlirij en
mtiil liij the authority of the some, That in
future the representation of the respective
counties, shall be apportioned in the following
manner to wit: the county of Appling one, tiie
county of Baker one, the county of Baldwin
two. the county of Bibb three, the county of
Bulloch one, the county of Butts two, the coun-
of Burke three, the county of Bryan one, the
county of Campbell two, the county of Carroll
two. the county of Cobh two, the county of Cass
two, the county of Columbia three, the county
[ of Crawford 'two, the county of Coweta three,
the county of Chatham four, the county of
Clark three, the county of Cherokee two, the
‘county of Camden two, the county of Dado
! one. the county of Decatur two, the county of
j Do Kalb throe, the county of Dooly two, the
j comity of Early two, the county of Effingham
\ one, the county of Elbert three, the county of
| Emanuel one, the county of Fayette two, the
1 ci unit v of l’iovd two, the county of Forsyth two,
the enmity of Franklin 3, tin* county of Gilmer
one, the county of Glynn one, the < unity of
<! riTn three, the county of G win nett t line, the
county ut Habersham three, the c unity of Han
cock three, the county of Heard two. the coun
t v of 1 ienry throe, the enmity of Houston three,
; tin- county of Hall three, the county of Harris
' three, the county of Irwin one. the county of
' Jones three, the county of Jasper three, the
enmity iif Jefferson two, the county of Jackson
three, the county of Laurens two, the county
of Lei* one, tile county of Liberty two. tliecoun
, ty of Lincoln two, the county of Lowndes two,
the county of Lumpkin two, the county of Ma
’ eon two, the countv of Madison two. the* coun
tv of Marion t wo, the county of Me 1 iitosli two.
the enmity of Meriwether three, the comity of
Monroe four, the county of Montg *mery one.
the county of Murray two. the comity of Mor-
I gan three, the county of Muscogee four, the
enmity of Newton three, the county of Ogle
; thorpt* three, the county of Paulding one, the
i eiunit v ot'Pike three, till* comity of Pulaski two.
the enmity of l’litunm three, the county of Ra
him one, the count v of Randolph two. the coun
ty of Richmond it, the county of Scrivcn two,
the county ofStowurt three, the county of Sum
ter two, the county of Talbot three, the county
of Taliaferro two, the county of Tattnall one,
the county of Telfair one, the countv of Tliom
ihi two. the county of Troup four, the coun
ty of Twiairs two, the county of inion one,
the county olTpson three, the county of Walton
three, the county of Walker two. the county of
Ware one, the county of Washington three,
the county of Wayne one. the (-•unty of Wil
kinson two. the county of Wilkes three, the
county of Warren three.
.Inti be it further enacted. That no omission
of the Clerks of the Superior Courts of any of
j the counties of this State, to have transmitted
within the time specified in the act of Decem
ber t?i?d, 1 SitT. the returns made by the takers
of census of their respective counties, shall de
prive said counties of the benefit of the fore
men"’ section and of the provisions of this act.
JOSEPH DAY.
Speaker of the House of Representatives.
CHARLES DOUCHE 11TV.
President of the Senate.
Assented to "Jfith December l-d v
GEOROE R. GILMER. Governor.
;] ;• \ll the papers in the State will give the
above act one insertion.
AN ACT
To provide tor the call of a convention to re
duce the number of the General Assembly
of the state of Georgia, and for other purpos
es therein named.
Sec. 1. lie it enacted hit the Senate end House
of lit :ri sentati l'l sos the shite oj < i cor gin in gen
end assembly met. and it is herein / enacted by
the authority of the same. That the first Mon
da> in April, eighteen hundred and thirty
; nine. be. and the same is hereby design ated and
set apart ns the day which the citizens of Geor
i gia. qualified to vote lor members of the Legis- j
lature. shall, at the several places prescribed !
i by law for tedding such elections, vote for del
egates to represent'them in convention, in j
! number equal to their representation in both ;
I branches of the General Assembly, according |
to the last census; such election to be con- |
ducted, managed, and certified under the same j
laws as are of force in respect to dictions of
members of tlv General Assembly.
isee. 2. dad he it further enacted. That it
shall be the dutv of such managers to transmit
to his excellency the governor the result ot
said elections under the laws now of force, con-,
ducting, managing and certifying elections of
members oi the General Assembly, us afiorsaiil,
within ten days after such election, w Hereup
on it is made the duty of his excllency the
governor, to issue his proclamation declaring
the result of such election, hv notifying the m-
diViduali severally elected to represent the
good people of Georgia in Convention, as con
templated by this act.
Sec. 3. And he it farther enurtrd, That every
citizen of the United States shall be eligible to
a seat in said convention, who has attained the
age of 25 years, and been an inhabitant of the
state three years, immediately preceding the
day of election, and who shall have resided
one year in the couiity for which he shall be
elected.
Sec. 4. And be it further enacted, That each
member returned as duly elected, shall, previ
ous to taking his seat in said convention, take
the following oath or affirmation, viz :
I do solemnly swear that I will not attempt
to add to or take from the constitution, or at
tempt. to change or alter any other section,
clause, or article of the constitution of the state
of Georgia, other than those touching the rep
resentation in the General Assembly thereof,
and that I have been a citizen of this state for
the last three years, so help me God. And
any person elected to a seat in said convention
who shall refuse to take the oath aforesaid,
shall not be allowed to take his seat in said
conventions
Sec. 5. Anil he it further enacted, That the
members of said convention shall assemble on
the first Monday in May, after their election,
at Millcdgeville, in the Representative Cham
ber of the State House, fur the purpose of en
tering upon and consummating the great ob
jects of their convention, to wit: a reduction
and equalization of the General Assembly:
shall have power to prescribe their own rules
and forms of business ; and to determine on
the qualifications of their own members; elect
necessary officers, and make all orders which
they may deem conducive to the furtherance
of the objects for which such convention shall
assemble.
Sec.fi. And be it further enacted, Thatitshall
be the duty of his excellency the governor, to
give publicity to the alterations and amend
ments made in the constitution, in reference to
the reduction oi the number of members com
posing the General Assembly; and the first
Monday in October next, after the rising of
said convention, he shall fix on for the ratifi
cation by the people, of such amendments,
alterations, or new articles, as they may make
for the objects of reduction and equalization of
tlie General Assembly only; and if ratified by
a majority of the voters who vote on the ques
tion of “Ratification,” or “No Ratification,
then and in that event, the alterations so by
them made and ratified, shall be binding on the
puople of this state, and not otherwise.
Sec. 7. And be it further enacted, Thatitshall
he a fundamental article in the formation or a
mendments of the Convention, that each coun
ty of the State now organized or laid out, or
which may hereafter he created by law, shall
in* entitled to at least one Representative in the
Representative branch of the General Assem
bly. The Senate shall he composed of forty
six members only, from forty Senatorial Dis
tricts, composed of two contiguous Counties,
and in the event of the creation of any new
County, it shall be added to some contiguous
Senatorial District; and that the said Conven
tion shall not disturb the Federal basis, in ap
portioning the representation in the General
Assembly of the State of Georgia. ’
Sec. 8. And he it further clinch'd. That so sooji
as the act shall have passed, his excellency
the Governor he and he is hereby required to
cause it to be published in the Gazettes of this
State, once a week until the day fixed on by
Ibis act for the election of Delegates to said
Convention; ns well as the number to which
each cimntv shall he entitled in said Conven
tion, according to the apportionment of mem
bers of the General Assembly, to be made un
der the late Census, taken and returned dur-
ing the present year.
Sec. 9. And he it further enacted. That the
Delegates to said Convention be paid at and
after the same rates that the members of the
General Assembly now receive; and that his
excellency the governor be requested to draw
his warrant on the Treasurer for the same, out
of any money not otherwise appropriated; and
l.all laws and parts of laws militating against
tliis act, be, and the same are hereby repealed.
JOSEPH DAY,
Speakerof the House of Representatives.
CHARLES DOUGHERTY.
. President of the Senate.
Assented to 2tith December, 1838.
GEORGE R. GILMER, Governor.
OJ All newspapers in Georgia will publish
the above Act weekly, until the first Monday
in April next.
EDI’CATION.
AN ACT to establish a general system of Ed
ucation by common Schools.
See. 1. tie it rneictcd hy the Senate and House
of litjirt srntatires of the Sleeh of Georgia in
(inn red .Isscndily met, tend it is hereby enacted
Ini the authority of the same. That from and af
ter the first day of January, eighteen hundred
and thirty-nine, the funds of this State here
tofore known ns the Academic and Poor School
Funds, be. and the same are hereby consolidat
ed. and together with the interest on one third
part of the surplus revenue, derived to this
State from the United States, and heretofore
set apart for that purpose, shall compose and
constitute a general fund for common Schools,
for the State of Georgia.
Sec. 4. .Inti lie it further enacted hy tiec au
thority aforesaid. That within ten days after
the reception of such notice, the School Com
missioners shall assemble together, and elect
from tln ir number a President of the Board,
and a Secretary, and shall also appoint a
Treasurer, who shall give bond and security
to the Commissioners for the time being, and
their successors in office, in such sums as they
may fix upon, conditioned faithfully to dis
charge his duty as Treasurer, and should any
vacaneios happen in such board of Commis
sioners, hy death, resignation or otherwise, the
same shall he tilled bv the hoard itself.
Sec. 5. .hid he it farther enacted hy the au- j
thurify aforesaid. That it shall be the duty of j
the School Commissioners in each division, or I
a majority of them, to layoff their respective
counties into school districts, conforming, as
nearly as practicable, to the present Militia
districts, in the same, in a manner most suita
ble and convenient for the purpose contem
plated in this act.
Sec. (i. .hid hr it farther enacted liy the au
thority aforesaid. That they shall apply for, and
receive from the state, their proportionable
share oftlie general fund for Common Educa
tion. and shall apportion and divide the same
among the several School districts in their di
visions, in proportion to the number of children
in each, between the ages of five and fifteen
j years, and shall make an annual report to the
I Governor, of the number of School districts in
| their respective divisions, the districts from
which reports have been made to them, and the
; defaulting district-, the length of time a school
lias been kept in each, and also the amount of
: funds received by themselves or treasurer from
, the State, and from taxes raised, and in what
j manner the same has been expended, and the
I number of children taught in each district,
which report the said Commissioners shall
cause to be recorded by the Secretary, in a
book kept for that purpose.
See. 7. .lint he it farther enacted hythe autho
l rdit aforesaid. That the Commissioners ot each
Scbool division, shall, by this act be, and they |
are hereby constituted a body corporate, under
the name and style of the Commissioners of |
the Common School, and are made capable
of suing and being sued, and the Trustees of
the several school districts of each division
shall also be a body corporate, under the name
and style of the Trustees of the district schools,
with like powers as above, both of which said
Corporations, shall be allowed and entitled
to own real estate and other property, upon
which to erect School houses, and for other j
purposes connected with the schools.
Sec. 0. And be it further enacted by the autho- 1
rity aforesaid. That the Trustees shall w’ith-1
in 15 days after their appointment, proceed I
to assertain the number of free white persons {
in their respective districts, between the ages 1
of five and fifteen years, and return the same
to the Commissioners of the School division to !
which they belong. They shall also receive !
from the school Commissioners, or their Treas
urer the funds to which they are entitled un
der the law, and on the first Monday of No
vember in each year, make a report to the said
Commissioners, showing the amount received,
the manner of its expenditure, the number of|
children taught in their district, the length of [
time which a school has been taught, and j
the compensation paid to teachers and their;
names. They shall locate and superintend
the erection of suitable School houses in their
respective districts, at the most convenient
and suitable places for the inhabitants and
scholars residing in the same, shall employ and
pay teachers and visit the schools, at least
twice in the year.
Sec. 10. And be it farther enacted by the au
thority aforesaid, That the Commissioners
and Trustees under this act, shall hold their
office for twelve months, or until their suc
cessors are elected, and receive no compen
sation for their sevices.
Sec. 11. And be it further enacted by the au
thority aforesaid, That it shall be the duty of
the Governor, annually to distribute to the
Commissioners of each School division in the
State, their porportionable part of the Com
mon School fund, which apportionment shall
be made (by the last census, until the next
census be taken, and then by that) according
to the number of free white persons, between
the ages of five and fifteen years, of which he
shall give to said commissioners, in each divi
sion, immediate notice.
Sec. 12. And be it further enacted by the an
tliority aforesaid, That no moneys received I
from the State by the Commissioners for |
School purposes, shall be expended for any
other purposes, than for paying teachers and
purchasing books and stationary for children
whose parents are unable to furnish the same.
Sec. 13. And hr it further enacted by the an
t limit n aforesaid, That after these schools shall
have gone into operation, no Trustees for dis
tricts shall be allovyed to receive any funds
from the Commissioners, unless they shall
have made a return signed by a majority of
their number,showing the amount received by
them, and how the same has been expended,
and that a school has been kept in their dis
tricts, at least three months in the year pre
ceding, or then ending.
Sec. 14. And be it further enacted by the au
thority aforesaid, That all moneys not drawn
by any such defaulting district shall be added
tn the amount to he distributed the next year,
and apportioned among all the districts in such
divisions.
Sec. 15. And be it further enacted by the au
thority aforesaid, That should the Commission
ers. in any’ division, fail to apply’ for, and dis- j
tirhute the fund received as directed by this
law, they shall be subject to a suit for dama- j
ges.at tlie instance of the trustees of any dis
trict in such division, in any court of law in !
this State having jurisdiction, and the amount;
of damages so recovered, shall be collected out
of the private property of suck commissioners,
and not from the funds of the School.
Sec. 17. And be it further enacted by the au
thority aforesaid, That all white persons be
tween the ages of five and fifteen years, shall
be allowed to be taught as scholars in the res
pective districts in which they reside, or in
case their location may make it inconvenient
in the adjoining district, by making application
to tho Trustees thereof, who may proscribe,
though no one over the age of fifteen years
and under twenty-one, shall be excluded f r om
said Schools.
Sec. 18. And he it further enacted by the au
thority aforesaid , That in those counties where
the inhabitants are thinly’ settled, the com
missioners may, if they think it best, refuse
to lay off the same into school districts,
but they shall employ a suitable number of
Teachers who shall under their directions.
teach school not longer than three months in
any’ one district or neighborhood, so that eve
ry section of such county shall receive, as near
ly as can be, equal a; atitages from said fund;
and it shall be the duty of the Commissioners
of any such county.fin which the itinerating
system may be thought best, to mention the
same in their annual report: and so far as re- i
lates to the county of Baker, the Commission
ers shall confine themselves to the three Mili
tary districts of said county.
Sec. ID. .hid be it further cneectcel ley the au
thority aforesaid , That the Commissioners and
Trustees elected as aforesaid, in the foregoing
act. before they enter upon the duties of their
offices, shall take the following oath before
any Judge of the Superior Court. Justice of
the Inferior Court, a Justice of the Peace, in
the county where they reside, viz; I. A. 8., do
solemnly swear, that 1 will faithfully perform
all tile duties required of me by law, as Com
missioner of Common Schools, or Trutee of
Common Schools, as the case may be.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
President oftlie Senate.
Assented to, gtith December, 1837.
GEORGE R. GILMER, Governor,
AN ACT.
To amend an act, to establish a general system j
of education by common schools—assented
to sitith December, 1537.
Sec. ]. Uc it enacted by the Senate and House
of lieprcsenlatires of the State of Georgia in
(innred .Isst addy met, and it is hereby enacted
by the authority of the same, That the second
and third sections of the above recited act, be.
and the same are hereby repealed; and in lieu
, thereof, that each county in this state, shall
| tie considered and known as a common school
i division; and that on the first Monday in March,.
| in the year eighteen hundred and thirty-nine,
' and oil the first Monday in January, of
j every vear thereafter, or so soon after the
j above mentioned days, as the same can he con
veniently done, the justices of the inferior
I court of each county in this state, shall by or
-1 der. entered upon the minutes of the court, ap
i point five fit and proper persons asyommission
-1 ers of common schools, in the division where-
I in sucli justices may reside, and shall within
| ten days thereafter, cause a certified copy of
j such appointment, to be delivered to them,
| which shall be sufficient notice of the same,
i And such commissioners shall continue inof
j lice one year; or until their successors shall
J be appointed.
Sec. '2 .hid be it further enacted by the aiethor
\ity aforesaid, That if the said commissioners,
or any of them, sbftft be unable at any time
to procure the services of a treasurer, as con
templated in tfe fourth section of the above
recited act, it tfhall, and may be lawful, for
the president of such board of commissioners,
to act as treasurer, who shall give bond and
security to his excellency the governor, and
his successor for the faithful discharge of his
duty, as treasurer. And the said commission-
ten days after their appointment,
shall by order entered in the minutes of their
board appoint for each school district to be
laid out agreeably to the fifth section of the a
j ” ov , c l recited act, three trustees, all of whom
shall reside in the district for which they shall
be appointed, and shall be notified of their ap
pointment within ten day’s after it shall be
I made.
; ®ec. And be, it further enacted, That if the
( justices of the inferior court of any county,
shall not within one month after the time here
in before fixed for that purpose, select and ap
point five oommissioners, as aforesaid, who
shall accept their appointments, the said jus
tices of the inferior court shall themselves dis
charge the duties of commissioners in their di
vision; and unless said commissioners shall,
{within one month after their appointment, se
! lectand appoint three trustees in each district
i or division, who shall accept such appoint
ments, the justices of the peace, and such other
person as the justices of the peace may appoint,
shall discharge the duties of trustees, in any
district in which such appointment shall have
been omitted; and the commissioners’ appoint
ment by the court, may fill by election any
vacancy which may occur in their board, dur
ing the year; and a majority of commissioners,
and of the trustees, shall be competent to per
form the duties required of them respectively.
Sec. 4. And he it further enacted, That it shall
he the duty of the trustees of the school dis
trict. to collect by subscription, such sums as
the citizens of the district may be willing to
subscribe, which shall be applied to supply air
amount of money, in addition to what may be
allowed by the state, so as to enable them to
employ a suitable number of teachers in the
district, provided there shall be no liability onr
the trustees for said subscription money, fur
ther than to transfer the said list of subscrip
tion to the teachers where such school may be
j taught.
Sec. 5. And he it further enacted, That the
justices of inferior court, in the several'
counties, in this state, be, and they are hereby
authorized, at their discretion, to levy an extra
tax in their respective counties, not exceeding
fifty per cent, on the general tax, which shall
be added to the common school fund of said
county, and paid over to the commissioners
aforesaid, by the tax collector, who shall give.
bond and security for the same, as in case of
other bonds, for extra taxes.
Sec. G. And be it further enacted, That the
trustees of any county academy, be, and they
are hereby authorized, to pay over to the com
missioners of common schools, any funds in
their hands.
% Sec. 7. And be it further enacted, That his
excellency the governor, within the month of
January next, be required to cause so much of
j tl: ■ > above recited act, as this act does not re
peal, together with this act to he published in
the newspapers of this state, and also, to cause
tho same to be published with the acts of tho
present session.
Sec. 8. And hr it further enacted by the au
thority aforesaid, That the eighth, twentieth,,
twenty-first, and twenty-second sections, and
so much of the ninth section as refers to the
notice to be given by a justice of the peace and
j free holder to the trustees of their election, and.
(so much of the sixteenth section, as refers to
I the balances in the hands of trustees of ncade
: mies and their treasurers be, and the same is.
i hereby repealed.
JOSEPH DAY.
Speaker of the House of Representatives..
CHARLES DOUGHERTY,
President of the Senate.
Assented to 29th December, 1838.
GEORGE R. GILMER, Governor.
ITT All the papers in the state, are author
ised to publish the above two acts throughout
the present month (January.)
Ft he. —Steamboat Burnt. —We regret to be
called on to chronicle the destruction, by fire,,
of the steamer Clarendon, Capt. Hart, owned,
by Mr. John Guilmartin and M. Michael Dil
lon, two of our enterprising fellow-citizens-
The Clarendon was on her way from Darien
1 to this city, and about eight o’clock on Thurs
day morning, while ‘near St. Catherine’s Isl
and, was discovered to be on fire. It broke
out over the boilers, a mid-ships, and such was
its progress, despite the exertions of those on
board, that Mr. Guilmartin, who was on board,
at the time, and four of the hands had to reach
the shore by leaping from the steamboat into
the marsh, while the captain and the rest of
the hands on board, including a passenger, es-
caped in the boat
There were 316 bales of cotton on board,
shipped by Messrs. Rogers & Crane, of Dari
en, consigned to Messrs. E. Bliss & Cos. ot
this city, which were, of course, consumed.
Mr. Guilmartin and his companions in suf
fering, w ho lost every thing except what they
wore, (such was the rapidity of the flames)
express their gratitude to Mr. Johnson, aoent
at the plantation of George H. Johnston, Lsq.,
who received them most hospitably, and sup
plied them with breakfast. Also their high
sense of the attentions of Jacob Waldburg,
Esc., who not only offered all the assistance
which Ids plantation could afford, and prepared!
for them an excellent table, but when the
steamer Forrester appeared in sight, had his
bout manned and placed them iu safety on
b °To Captain Drake, of the steamer Forrester,
they also feel indebted for his promptness in
receiving them on board, and his kind atten
tions, in their destitute situation.
To the presence of mind displayed by Mr.
John Fox, the Engineer, all on- board ascribe
! their exemption from the hazard of an explo
sion, which might have proved fatal to many
on hoard the steamer. . .
The Claredon was not insured; she is, tnere
fore, a total loss to her worthy owners.
The tire is attributed to accident.
[Savannah Georgtan-
VVe learn with deep regret (says cA»
gusta Sentinel) from a highly respectable gen
tleman, who arrived in this city on Saturday
evening, from the upper part of booth Carolina,
that Ge;. William A. Bull, of Abbeville Dis
trict, has been shockingly murdered. T
iiorrid deed is supposed to have been perpe
trated by his own negroes, seven of whom
been lodged in jail, upon suspicion.
The Bowery Theatre is to be rebuilt
by a joint stock company with a capital
of *4O 000, in one hundred and sixty
shares of *250 each. The walls of the
old building are valued at from ten to Hi
teen thousand dollars.