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AUGUSTA CHRONICLE '
M]) I=3 J| '
GE OR G #,y | »jrj r to jgg.
JIII'HE
PIIBLISHKD EVERT
« FDNr.SDAY A\U SATURDAY MORNING. BY
A. H. PEMBERTON.
terms.
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CflHM*/*. - f llift (lu’L
1 ’•jj.vTSare illßerte ,| temt-mrrkhj
>» S S spuo£ ft>‘the first insertion, and 43 3-4
"’V «ch sncccediig lnsertion-ic«f« y , at fid l-d
** nM „ , <(l iinre for cadi insertion—and mo«(A/y(wlten
te " 'v ’ced'iiie one square) at 91 for each insertion.—
5-’ 11 however small, is charged less than one square.
..tended to he limited must have the muitlier oi
Tl ‘ 0 H n nfsein!.weekly or weekly, written on them, or
l"ov vviil be inscrtwl seuu-Weekly till forbid, and char
-1 oil accordingly
* The mddWier takes upon himself the risk of nil remit
,J", „f money made to him by Mail—the person remit-
I first naving the postage, and obtaining from the Post
i'r a written or verbal acknowledgement of the
"“ i t and its depnsite in his oilice, which shall be given
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"lI'fTKRS (on business) must be postpaid, or they
M nnihelilkeii mil of the olfice.
The I. V\VB OF THE UNITED STATES
published in this paper.
t„ r r ernfnrs, Administrator *, and Guardians.
„ . | i.'WofLAXDor NEGROES, by Administrator*.
v cihiioisor Guardians, arc required, by law, to be held
the first* Tuesday ill the month, between the boars of
n ■ i the forenoon, Wl tlwee in the afternoon, at the Unnrl
if" ", of,he county in which the properly is situate.—No
“’ftitcsesales must begiven lit a public gazette,hlXT k
tl'U's previous to the day of sale.
Notice of the sale of personal property, mast begiven
, uiniincr, FORTY days previous to the day ol sale.
Voice to the debtors and creditors of an estate, must lie
'“vclx\h:>l anpiicalinii'xxill be made in the Court nfOr
vftrSvelosell LAND or NEGROES, must be
ffhed lor FOUR MONTHS.
irj=* Wt* are authorised to announce
Mr WILLIAM IWIUOiJ, Sen’r. as a
(’aiulidiite lor the oilice of Receiver ol‘
Tax IJctnrus, at the approaching' election
in .Iniiiiary next.
August 25 ‘td 99 1
We are authorized to aniiouiice
All- 31. F, ItOISCIiAIR, as a can
didate Tor re-election to tiie office of lie- i
reiver of Tax Returns, at the approach- ,
big Election, in January next.
Sept 8 97 i
11. I 'A'll 'T E
GEORGIA LEGISLATURE.
I
HOUSE OF REPRESENTATIVES. ,
Friday, Oct. 29,
INSOLVENT DEBTORS.
Tiic house then took up in committee |
ofthc whole the hill for the relief of debt- j
w's families, Mr. Letter in the chair. ,
Mr. TURNER explained the objects ,
of’tlie hill. Do did not wish to go so far |
as they went in Virginia. 'l’hore reales- |
tale was beyond the reach of the levying |
officer. No such provision as that was ,
proposed in tins bill. This bill would i
not iilfeet any contract already existing, j
It would not go into operation until the ,
Ist of March next. Then the people ■
would be iipprisetl of its nature At would \
make their contracts in reference to it. |
It was proverbial, he said, that the jk-o- (
pie of (he north was sulliciently rigid in |
matters oftliis sort. —Yet with all their |
strictness they had passed a law in New t
\ork fur the relief of unfortunate debt- (
ors—Here Mr. T. rend the law of that |
Male; and also a part of the last Mcs- j
sago of President Jackson, which, he ,
sod, coining from that distinguished citi • J
zgi, would suggest a train ofideas fuvor
uble. lie hail no ilunbt, to the passaged' i
tin- bill.
Mi-. T. said la- would now refer to the ,
pai'ticuliii- provisions of the bill: but he j
would tir.st beg leave to read the act of ]
I s --, to show how inade<|tiate its pro- |
'dons were; it provided for the reser- |
Vil, ion of only Ixvo beds, one cow and |
tld worth ofprovisions. This he thought j
woabl be admitted by every one to be j
too little. It was time, he said, to extend -
lb or expunge it from our statute book )
altogether. ,
liie b,ll further provides for the reten- |
h'm of one horse worth not more than ,
- lb-said he would have preferred i
Jbat there had been no limitation here, '
but us the committee which drew up the <
i thought otherwise he had submitted, t
It provides further for the retention of ,
stock hogs—ls in'number—l cow and i
r nlf !, s the law of 1822—tde common
t'opl -inents of trade as in coimnon .
tobies, and cooking utensils—ordinary
•‘l’uis and accoutrements. To this last ■
J l '' presumed there would he no ob- i
Jectt-in as he believed there was a similar
ffi-ervation already provided for in the i
o«th prescribed for insolvent debtors, i
'faring apparel, he also proposed to >
from levy and sale. He believed i
•ml was cot usual ' levied on. Two
( ‘(w,bedsteads and bedtling, its in the
? f I °* This ho did not approve of
•'cause it was insufficient. lie woultl
1 " -ien the proper time.arrived to
p "keit out and insci-t, “its many as ne-
J^s-ary-' as Ibe law of New-York stands I
: pmuing wheels, and common looms
I their apparatus—Bibles, prayer,
n ’ H,l< l school books not exceeding
<lbi ~a U( * l lrov tsions on hand not excee
« I' l relation to the sum where-
II o fill this blank, ho said lie would rc
"•k at the proper time. If he hud thus
r1,.., K I IC< u ed '' d ' n presenting his views
♦cn | F . C * >0 P rf t the committee if it in
", t° pass any law at all on the sub-
Y'°" d nia * U! no objection to them.
Ofordep 80 ®® convt ‘ raut * on as to a point
moved to strike out the
soa-« | •tes, forfeitures and penalties,”
os in .1 act > ' n t* l ' B particular stand
be fn \ r . thought the object should
V h,,uwt and correct and in
bv ihr.; sd, and not persons who
ore in,-if* '. m ’^ s nlar “ n d lawless conduct
conduct "'Jr a,,d penalties for that
ject it rr,: u! , °D' property was not sub
tp contin/" ' il " D'duceincnt fop them
continue m their lawless course.
Mr. RYAN was opposed to Mr. Oil
ver s motion. He would never agree f
visit the sins of the father on his innoceoi
family. If tines and forfeitures are in
curred, anti his property is not subject,,
imprisonment is the consequence, and
fherc lie will have to stay until his fine is
paid. Let him answer for his lawless
conduct to his country, but do not let his
family suffer on his account.
Mr. OLIVER replied that when a debt
was contracted if there was any thing
improper about it, both parties were
generally alike guilty. On each party
to the contract there rested an equal
share of responsibility. You will credit
a man as long as you think his property
is sullk-icnt to meet his debts. But as
soon ashegetsas much in your debt as
his property is worth you stop his credit.
Yon perhaps give him inducements to
go in debt witli you. Yon are then as
much to blame as he is. But the case is
altogether different with linos and penal
ties incurred. If a man incurs them it is
at his own risk. He has no inducement
held out to him to get thus involved by
the party to whom the lint's go. Gentle
men say they woultl not visit the sins of
the fat her on his family. 1 agree with
them in that, said Mr. O. Bat are not
persons deterred from the commission of
offences by the prospect of suffering to
their families? Anil if you secure their
property from execution for the conse
quences of these offences, do you not de
stroy one guarantee you have for their
good conduct?
Mr. McDONALD said he highly ap
preciated the motives of the gentle
man from Putnam (Mr. Turner.) in in
troducing anti pressing the adoption of
the bill. But when we are called on to
legislate from humane and benevolent
motives it is our duty to enquire into the
results of that legislation. We must en
quire into the effects of any particular hill,
as well on individuals, ns on the commu
nity in general.before we decide on I he pol
icy ufadopting it. In this particular case he
believed, the motion of the gentleman
from Elbert (Mr. O.) should extend to
the word debt also. For the effect oflhe
bill be believed woultl bo to encourage
men to go on in criminal courses. If we
can pass an act to relieve unfortunate
debtors, he Would go the whole length
with any gentlemen who would intro
duce such an one. To relieve unfortu
nate debtors, and not criminal ones,
would be patriotic. In society we are
necessarily connected with others. There
are domestic tics and relations which
cannot be separated. It is unavoidable,,
therefore, that the imprudence of the
father shall have its effect on Ids children.
It is a natural consequence and cannot
be avoided. No act of relief can reach
them. Yet if the home can adopt any
measure of relief for unfortunate debtors
ami not criminal ones, ho repented that
lie would go ns far as any man in the sup
port of it. As to fines, forfeitures and
penalties he would say that those who
could not pay lines, should not be sub
jeeted to them. In his circuit it was the
practice, for men indicted for minor olfen
ees to come forward and plead guilty.
They were then lined, and they would
immediately turn round and swear that
they are unable to pay the line. They
lake the oath and thus procure absolu
tion from all punishment. There was no
use, therefore, in exempting them from
the operation of the act. The object of
the bill was indeed humane and benevo
lent, but it did not, he thought accord with
justice, the principles of justice or the
good of society. He therefore moved
to strikeout the word “debt” also.
Mr. lIOLI 'said that if the motion of
the gentleman from Dibit (Mr. McD.)
was intended to bring up the discussion
on the merits of the bill, he would sub
mit. in a very few words, his views of it.
For whose benefit is it proposed to legis
late?—for that of debtors—or their fami
lies?—For their families most unquestiona
bly. If so. then, in every point of view
in which it can be placed, lines and for
feitures should ho remitted as to them as
well as debt. It would be extremely
hard—he could never agree to the doc
trine that the iniquities of the father should
be visited on his children. The fc*tntc
does not exact forfeitures for the punish
ment of the families of delinquent's.—
These forfeitures go to the public; but
surely the public does not want them at
the hands of the guilty for the purpose
of punishing the innocent. If so, then
they are both placed on the same footing.
He could not agree to these views of the
subject.
Mr. TURNER, replied, in a few words,
and opposed the motion of the gentle
man from Elbert by remarking that in his
view the tendency of the measure was
not to demoralise society. It is not on
lines alone that wo rely for maintaining
the good order of society, hilt on impri
sonment; mid in extreme cases on cor
poral and capital punishment.
Mr, BRYAN dilfered, he said, from
gentlemen, as to the moral effect that
would be produced on the community.—
It would have a good effect. The great
nuissanec- of this country consists in cross
road stores and dram shops. These
furnish the inducements to men to neglect
their business and their families. They
will go to these places and lie about them
for weeks. The worth of their little pro
perty is ascertained to a scintilla, mid
they will get credit to the full amount of
it, for half pints:—their families all the
while suffering perhaps. He felt per
fectly conscious that this state of things
would be in a good degree broken up by
the passage ofthc law proposed; and that
hence the morality of the country would
be promoted. These men not being able
to get credit any longer, on the faith of
the property in their possession would
be induced to stay at home, where they
would be beyond the reach of these per
nicious influences. The policy of the
bill, bethought, was a good one. It was
a just one, ami no man viewing it proper
ly ihe believed, could object to it. It will
begin to operate, not till March next, no
contract therefore can be affected by it.
Policy required some such bill to pass—
t • what precise extent it should go he
mild not say.
it thought the objections
that had been raised agiiinstthe lliil were
not valid. It is stated by gentlemen that
•1 property is made exempt from fines, it
may be on inducement to the commission
ol criminal offences. In his view it could
not have that effect. In the usual course
ol tilings w hen a man is subjected to a
line he is put by order ofthc court, into
confinement until the fine is paid. The
property secured from levy by the bill
cannot go to the payment ofthc line.—
And unless the line is paid, the punish
ment becomes perpetual imprisonment.
Individuals, therefore, would not be in
duced to commit crimes, with the hope
of escaping punishment They woultl
no deterred because the punishment
would bo greater. They would be sub
jected to perpetual imprisonment, unless
they were relieved by Executive clemen
cy. The effect, therefore, anticipated by
gentlemen cannot be produced. It xviil
furnish, il possible, stronger inducements
to men to abstain from crime, than are
now furnished by the existing laws. On
the whole, therefore, the ellect on the
community cannot be otherwise than sal
utary.
.Mr. GR EENE commenced by remnrk
ing, thill in his view, the principles and
policy ofthc bill accorded entirely with
the feelings of justice, equity mid mercy.
But ho was particularly iu favour of it
because it contained a levelling principle.
Our legislature, he thought had been too
much in the habit of passing laws that
could be taken advantage of by the
shrewd, the cunning and the unprincipled.
They can run over head and ears in debt,
and yet ol\en so manage, as to be legally
exempted, and yet live in atfhienoe;
while the poor stiller by their conduct.
This law, he thought, was calculated to
place both parties on a footing—the poor
and honest on a footing with the shrewd
ami intelligent. It was necessary that it
should be passed, for the law as it now
stands is a mere mockery: Il does posi
tive injury. The previsions of it me so
trivial, that they are not attended to by
officers: and frequently the articles ex
empted are not retained by debtors. The
passage ol the bill will have another good
effect. It will have a tendency to elevate
the feelings of unfortunate debtors.—
\\ hat is more depressing to men than
the idea that the last dollars worth of
property is liable to be snatched from
them in satisfaction of debts which they
cannot meet. One item of the bill is
very important;—it is that relating to
crops. What greater sacrifice can there
be than to have the standing crops sold,
before they are gathered? The exemp
tion ofthc standing crop will certainly
have the ellect to make debtors labor fin
the purpose of getting out of their dilli
eulties. What inducement have they
now, when they know that their crops are
liable to he sold as soon as they are made?
This is the law and the. practice now,
audit is frequently executed to the great
injury of both the debtor and the creditor.
But alter the law as proposed in the bill
and there is no doubt that many will be
induced to double their exertions anti ex
tricate themselves altogether. As to
the proposal ofthc gentleman from Bibb,
(Mr. McD.) make it distinction between
the unfortunate and (he criminal debtor,
Mr. G. thought that would bean estoppel
to the whole measure Mow are we to
ascertain who are honest and unfortu
nate?—lt is impracticable;—ami bemuse
wc cannot legislate without doing injury
to some. SShnll we therefore not legis
lateatull? Certainly not. The effect on
the morals of the eoiminmitv he thought
woultl lie considerable, hut he could not
agree, that it would encourage the vicious
to revel in w antonness. It w ill [dare the
debtor and the creditor on an equal foot
ing. For the creditor will know exactly
how far credit should be extended. He
would know tin- terms of il; ami if he
exceeds his credit beyond proper bounds
he will do it in his own wrong.
Mr. BURNS felt himself under obliga
tion to give to the house some of his
views on tliis subject, und ho felt that he
would he in a great measure alone—He
was opposed entirely, he said, to the pas
sage ofthe bill; uml for this reason, lie
throne, he said, felt disposed, to represent
the interest of the whole Slate in genera!
measures, ns well as of his own county.
And betook this view oftliis subject. If
xviil amount to giving an advantage a
gainst crediturs—'Flic creditor may In
very often file poorest man. lit: may
sell his property anti under this law he
can't get pttid for if : mid his family might
stiller far worse than the person to whom
lie sold it, and who had the benefit ofthc
law. Tin* poorer class in this country,
he said, were not in the habit of paying
their debts according to law. Be knew
a great deal about that class, and lie
knew that there was ns much honesty,
and patriotism and integrity among them
ns aniongnny olherchtss. They have no
disposition generally to evade the pay
ment of their just debts. But by this law
you xviil give an advantage to till who do
i xxish to evade payment. He had seen
the operation of the law of 1423, and he
had seen many men refuse to take the
benefit of it. They scorned to do so.
i Now, said .Mr. B. I xviil go for encoura
feing the poor man xviio gives up Ins all
to pay his just debts ; and I would say
I' that the poor man should be aide to col
i leet his debts from his poor neighbour,
if they are just, as well as the rich man
t front ins neighbour—.Mr. B. believed the
• gentleman who introduced the bill was
t honest in his intention; and if it xvere
1 possible to relieve honest ami unfurtu
? nate debtors he would go with him. But
f ho believed the ellect of the luxv w ould
1 be this, that it would give to dishonest
r men the poxver to retain their property
. from the payment of their just debts, be
? cause no honest man would retain it, or
i xvould wish to retain it, whether you pass
- the law or not.
1 Mr. OLIVER replied nnd proposed to
> divide the motion to strike out.
Mr. McDONALD,said he rose mere
- ly to thank the gentleman from Jackson
(Mr 1 turns) for having expressed to the
house views which he himself had inten
i ued to brill"' forward.
Mr. I LEW MlibE\ remarked that he
only rose to answer one Objection, that
had been raised against the bill, It is said
I omt il the bill he passed debtors will be
permitted to hold property, and carry on
a tratlic, to the injury ol'those with w horn
, they ileal because they cannot be com
pel led to pay. IVow I will ask any
gentleman said (Mr. F.) and I w ill ap
_ i’oal to tin* good sense of the house wheth
er, ii the bill were passed, all contracts
would not bo made in reference to its
’ provisions. The property would he se
cured it is true from the payment of debts,
that would be a fact of general notoriety.
\o body could bo in jured by it. The ar
gument. therefore, it appeared to him,
! was w holly groundless. As to the effect
the law would have on the morals of the
; community he thought that the objec
lions that had been made to the bill on
that account had been fully answered by
’ the gentleman who had preceded him.
i Mr. CJIiEENE, briefly insisted on his
. former views.
Mr. DOrtIUEIITV next rose.—lie
said he took the motion before the com
mittee to strike out certain words from
I the first section of the hill, as equivalent
i to a motion to reject the whole of it. He
would therefore, taking this view of it.
enter into the discussion of the merits ol
the measure generully. This is a subject
, on which he had reflected a great deal.—
I lie had noticed the clients of such laws:
. —and he had come to the conclusion,
that the efleets are good; and that the
i results are such as ought to he wished
, for on the principles of humanity and
justice. No had effects he was sure, could
spring from tlie present, measure, espe
, chilly ns it was proposed to let \f operate
, prospectively. The great objection to it
I so fur as he understood it, was that j|
I might a fleet the credit of individuals; and
if it were true that it would thus operate,
then it would he erroneous. But he
, would ask gentlemen to reflect for a mo
ment. and recur to experience—to re
. member what is (he stale of facts within
, their own observation, ami in their own
I neighborhoods. He would ask gentle
, men whether credit is not always based
. more on honesty, integrity and industry,
, than on the possession of property tSir,
|- he who may own properly, if he be
, known to be corrupt iV dishonest, cannot
. get credit, for you have no reliance on
t him. Von know that he may dispose of
, Ins property in some way that you ean
, not get at it. It is on character not on
property, that the credit of tin individual
is principally foumhxl. Into (lies** two
classes you may put every individual—
. (he industrious ami the honest—the pro
fligate and the unprincipled. There ore
noneon the middle ground :—in the gen
, oral system of credit, at least, all stand in
one or the other oflhese two classes. II
in the former they can get credit whether
[ their property is secured or not. Then
take the other class; if they are credited
■ at all, it is on the faith of their property.
, And when the day of payment comes,
there is a complete rash of nil his credi
, tors, to see who shall gel his money—eve
ry thing is taken, ami the unfortunate
, and innocent family is lell to suffer. Is it
proper that this class of men should have
j credit at nil, when this is the result of it ?
, Is it not belter that they should la* de
, privrd altogether of the means ofobtain
, ing credit, until (hey learn to obtain it on
the only correct foundation, which is
character! Then the result of this hill
will he. that the honest and economical
will not he affected as to their credit?—
They relying on character may still ob
tain credit, if they wish it. while the
profligate mid dishonest, having no char
acter, will not, he able to get credit on
that account neither on account of the
little property (bey may have for (lint
, will be secured to (heir families. Then
(here is another class the poor and
unfortunate debtor. In regard to him
there seems to lie a perfect unison ofsen
tiinent. All are agreed that he should
he protected. And why ? Because if
, on the liiitli of his character he has got
credit, and by calamities unforeseen, by
circumstances w hieh be could not con
trol be is not able to comply with bis en
gngemmtspromptly,then (be man whose
only delight is to count bis dollars, is bn(
100 apt to rush upon h'ci—others follow
thecxninplc to save themselves out of
the wreck—and he is put down. A mil
dew comes over him—and influence sur
, rounds him flint blasts his every future
prospect. If ho plants a crop—that is
! sold under execution. If by the oxer
, fions of his industry he obtains a brute
wherewith to work his crop, that isseiz
ed ami taken away from him. All will
agree that be should he protected against
. these merciless proceedings, hut under
the present system he cannot be. AM
j must go—a:id thus he is to® often depriv
( ed of every motive to I>e industrious—of
every inducement to perseverance; and
, as a necessary consequence, he abandons
, every thing, hope forsakes him, and he
i betakes himself to the paths of vice and
. immorality. But extend your provis
' ions for his protection, as proposed in
this bill, and you will furnish him with a
strong incentive l<» perseverance. He
I may yet continue to exert himself; and (o
. cheer him amid ids exertions he may
look forward and behold the daw n ol a
day when he shall be again free, untrum
’ fuelled, ami happy—when he will not
f , be afraid of meeting a Sheriff at every
g corner; when lie will not live undt r the
B constant apprehension of being thrown
into prison. So much for the general
t principles of the bill. As to the ino-
I lion to strike out “penalties, fines, ami
, forfeitures,” ho thought the argument
of the gentleman from Richmond (Mr
Settley) to be Irrefutable. Mr. D. com
r eluded with a recapitulation of it, and en
forced it by additional considerations.
Mr.McDONAIiD briefly explained the
o object of his motion not to be the clc;lcut o,
the bill.
.. Mr. IIA VNES was in favour of tin
a principle of the fifth, blit he thought it t<
*>
e be yet very imperfect. There was one
- important provision lacking. By the
hill a given amount of property is to be
B reserved from execution and sale.—
t That much he liked very well. But lie
j Mould like to know w hether the man at
3 the head ofthc family for whose benefit
t the reservation of property is made is to
l have the right of disposing of it. Can ho
. dispose of it? If he can, there will be
; great injustice done. Now if the re
servation is to bq secured to the family,
. Mr. 11. said lie wanted to see a provision
s to put it not only beyond the reach of the
i levying olflety, imt also beyond the reach
of the head of the Hwjtilyj who might be
, disposed to squander it. For the pur
. pose of having time to make an nrrangc
- meat to this effect, he moved that the
, committee rise and report progress.
t Air. RYAN thought the committee
> had better test the general question. If
. it was agreed that some such bill should
i pass then the present one might he n
,• mended so as to suit the view s of the
. majority.
Mr. HAYNES withdrew’ hie motion.
The question was taken on Mr. Mr
. Doiwld'nwntXMr. OHver'a motions nnd both
- decided negatively.
i Alt’- WOFFORD next mox’rd to add
t the words, “except fines for neglect of
- militia duty,”’ remarking that if insolvent
. debtors were to be relieved front the
f payment of these fines it xvould amount
t very nearly to a repeal of the whole mi
- litia law.
Mr. IIA RDM AN moved to add “and
, except lines for the omission of road and
> patrol duly.”
I Both these amendments xx’cro ndopt-
I ed.
I Afler agreeing to various items of re
. serration in the hill, Mr. CURRY moved
> au amendment to this effect, that xvlten
t, disputes arise ns to the value of proper
ty reserved the justices of the Inferior
I court or any two of them, nr the justices
, of the peace of the district should decide
> which was adopted.
Mr. IIAZZARD moved that an n
- mendment he added reserving nil flats
i and ferry bunts kept for the benefit of the
i public, and limits and fishing tackle on
- the sea coast, necessary to the support
I ofthc debtors family, which was adopted
, xvitli the exception of fiats nnd ferry
, boats.
s Mr. BRYAN moved that, in cities
I where there is no such properly as that
i reserved, by tin- bill, other property to an
f equal amount should be reserved, which
- was adopted.
i Mr. HAYNES then moved that an
I amendment be added, providing that no
) person shall be entitled to the benefit of
- the act, until the administrator, executor,
guardian nr head of family shall sxvenr
,* (Inti nil of the property except that re
■ served, nnd money, have been s-nrren
i dered to the payment ofthc just debts of
I the applicant according to their legal dig
- oily:—which was agreed to.
On Mr. HAYNES motion, the eom
' rnillec then rose and reported that the
• bill was gone through with amendments.
• The bill was laid on the table and order
■ ed to he printed.
i COMPENSATION OF JUItORg
1 '1 he house took tip its in committee of
the xvhole the Dili to provide lor the com
peasaliou of grand tint! petit jurors in
Hal! county, which having been read :
Mr. DOUGHERTY submitted a sub
-1 stilnte for the hill going to make provi
: sion for the payment of jurors uniformly
' throughout the Mate, out of a fund raised
' from tin'usual jury fees, and on extra lax
’ to be assessed for that purpose. Mr.
D. explained his purpose in introducing
the substitute. He was, lie said, opposed
to every measure thatxx’enl tocompcnsatc
1 jurors in particular counties. He could
never agree that jurors should bo paid for
their services in one comity, xvhilein nno
[ I her they xvere notpaid. lie had another
decided objection against every local bill
1 of this nature. Our legislation has been
’ split up of late years and exhausted on
, special matters. Wc have a difierent
system of road laws in almost every
1 county, because special bills have heart
introduced and passed, taking the coun
ties oat ofthc operation ofthc general
-j stem. }So it is xvitli your election laws
‘ —Many counties have election prccinfcts,
where elections arc required to be held
, and returns made in di(i<-reiil%!odcs. So
also with your academy anti poor school
lands. Every county has its own pecu
liar system in the application of them.
Gentlemen have got into the habit of pre
-4 sealing these matters in thisspecial shape
and he believed it xvnsfrom un apprehen
sion that members from other counties
j might inquire into the operation of the
general law, if it were permitted to ope
-1 rate. If this mode of legislation is not
j checked, xvc xviil come at last to have a
1 separate nnd distinct government in evc
j. ry comity in the State. Even now when
it is proposed to compensate a large mass
of our citizens for their services ns ju
■* rors. from the multitude ol' bills that have
j been introduced, it xvould seem that our
legislation is again to he split up into ns
many branches as there are counties in
' the Ntafe. And while in all the counties
• the duties of jurors are pretty much the
same, you will pay for these duties in ev
’ cry county in a different way. These
’ xvere the reasons xvhy he hud introduced
1 the substitute—especially because lie
" wished to put an end to the practice of
I special legislation—anti not from any
f hostility, at all, to the bill xvhicli the gen
l! t!einan from Hall {Mr. liulet) hud intro-
II duced,
11 Mr. BATES said he accorded entire
‘ ly with the viexvs of the gentleman from
“ Clarke. He had attempted, he said, fre
-1 quently, to have a general bill parsed ;
'• but had always failed. For this reason,
'' he had introduced a local bill to provide
for jurors in bis oxvn county He xvould
prefer a general law; but if the house
e would not pass one, he hoped il would
>f nt least let Ids local one pass.
Air. WOFFORD said he was glad tc
e see that a change hud taken place in tin
o views of the gentleman from Clark ot
this subject, lor said Mr. W. if my mem -
■ ory serves me right he had been hcieio
i fore opposed to the policy of paying ju*
* rors. If we take merely a glance at the
■ substitute, it appears favorable to the
views of the friends of the original bill,
L but it will in the end have no effect. Mr.
> \V. said he was in favor of paying ju
; rors. but he would not pass a law that
■ would be a nullity. It is very well
known that the people in the counties
, will not agree to be taxed for the pur
i pose. He went, he said, for paying ju
* tors, hat from the treasury of the Ktato.
i It belongs to the people and may be
‘ applied in this way as well as any oth
or.
Hir. DOT GITOfV replied that tho
* memory of the gentleman front Haber
sham, (i>lr. W.) did not serve him at all.
I have always, said 31 r. D. been with
that gentleman in his views on the gen
eral principle; bat I have always differ
ed with him as to the fund out of w hich
jurors ought to ho paid. lie is for pay
ing them out of the Treasury; Inin for
doing the same thing by an extra tax in
the counties. And why do I advocate
(his doctrine? llccouso there are u
number of counties that do not now
pay into (lie Treasury half enough to
pay their own members. It lias been
shown that there are about .‘ls counties,
which pay into the Treasury more than
they take out ofit. These Jls comities
have, therefore, to pay not only the ex
penses of their own members, but nlso
half (he expenses of (he mem hers from
(heother 11 enmities; and idl the other
expenses of the government besides.-*
And now if it is proposed to pay jurora
out of the Treasury, it is but to give
these 41 counties a further demand upon
what is paid into the Treasury by tho
other thirty five. These were his rea
sons for opposing the payment of jurom
from the public Treasury. And as to
the half of the Htale tax, that is paid over
to the counties, that is a public fund,which
should he applied (o general, public pur
poses only. Each citizen of one county
is interested in the public improvements
of the other counties ; in the public roads
•or example. This fund, therefore, com
ing from the people generally, should ho
applied to the same purposes in all tho
counties. If (lie majority say pay jurors
in all the counties, out of (lie present coun
ty funds. .Hr. I), said he was content.
For then an extra lax would have to bo
levied, for keeping up Roads and Bridges.
Rut he would prefer to have the half of
the State tax applied to roods and bridg
es, and then levy an extra tax, lor tho
payment of jurors.
Another reason which, he said he had
for Ids course, was that it w..; an unfor
tunate thing that too many people feH
themselves authorised to filch from (ho
public. Let them get hold of tho public
money, and they would contrive to keep
it, and it was considered too often to ho
only a pious sort of fraud, or something
of (bat sort. To prevent this he wanted
the people to enquire about how it is ex
pended. Let us go to the people mid
take it directly out of their pockets, and
they will enquire what becomes ofit. Ho
said the history of the country, furnished
but too ninny instances of money being
taken out ofthe peoples pockets md.jvet
ly, and squandered, they never enquired
how. This was one reason why he pre
fered bis substitute, and it was with him
a powerful one—The gentleman from
Habersham, says he would take the mo
ney from tho Treasury and pay jurors,
because it comes from tho people* into
the Treasury. Then you do this in effect.
You pay a per cent for bringing it into
(he Treasury, mid you pay a per cent
again for taking it out again. Hr. D.
said he would prefer letting it stay nt
home with the people, asking them for it
only when it was needed f r public pur
poses, and then taking it from them by u
direct, not by a round about process, that
they might be induced to enquire what
went with it, nnd to buhl those to a strict
accountability into whose hands it went.
These, he said, were his doctrines. He
had always maintained them, and he
knew that he had been consistent. INo
gentleman, he said, could find a vote of
his recorded against the principle of pay
ing jurors; but he hail always voted
against paying them out ofthe fund pro
posed by tho gentleman from Haber*
shorn.
Mr. WOFFORD said that hr* meant
no disrespect to the gentleman from
Clark: bat his impressions were as they
are yet, that the substitute would be of*
no use. Will any gentleman pretend to
say, that under that bill, jurors will bo
paid at all. Thore are many counties
Hint cannot raise the fund necessary to
pay jurors. If any general plnu can bo
adopted to remove this defect he would
he in favor of it. Hut let ns not deny
compensation to the jurors of any county,
because it is poor, and not able to pay
them itself. What is the couise. ns to
other officers. Where do the people pay
their judges? From the Circuital which
they preside? or from the Treasury? Ju
rors are just us much entitled to pay as
the Judges are. Their services are just
as important ns (he judges are, nnd wo
can’t do without them, ifone is to be paid,
the other should be also.
Mr. HATES remarked on the neces
sity ofthe payment oljurors in biscoun
j. ty, from its size and the distance of many
, of them from tho court house, anil their
inability to pay their own expenses. Ho
would, he sa'.3, prefer a general system,
and he w ould pay them out of the Trea
sury. It is the rich that generally call
upon men to serve as jurors, and not the
1 poor. Ifu general plan is not adopted,
‘ lie hoped lie would not be turned off*
’ again with his local bill. It was tho
’ third time, he believed, he had attempted
to have such an one passed.
c Mr. M’DOIVALD remarking tlmt ho
cl thought suitable provisions should be
made for the payment of Jurors, and that
o the subject required some reflection, mov«
e ed that the committee rise and report
n * progress, which was agreed tp.