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GEORGIA LEGISLATURE.
Governor, li»jini'before tbe legislature llie i liven, to cxuuiiue particularly into the affairs
IN SENATE.
Trust! \x. December 8.
tin mot inn of Mr. STEW ART, to recon
sider so much of the jnunuil of y,>teiiluy us
relates to the puFsnge ol the bill to manumit
and set free from slavery, Nancy ami Iter son
John, itoiv the properly "I I\ ter Lay, njioc i
person of color, the yeas tu rc <11, nay s •>.!. |
Mr. JANES, front the joint committee on j
public education nud free schools, to whom
was ri felted a n s.ilutiou ot senate, iustiuct-
ing them to cn<i<tirc into the expediency ol
appointing one or more competent persons to
collect information on tlie subject ot tree
schools, ntnl to digest and arrange a system |
of free schools for < margin, to lie. submitted
to the next Itgislatme, Reported, That they
Intve had the subject under serious considera
tion, ami ure duly impressed with the impor
tance thereof; that the present free school sys-
t m of tie ruin, i-i mU< ruhly defective, vniir
c immittCi' h vc had hut too moil.lying testi
mony, at the returnsoftlie seV' nil counties sub
mitted to their inspection, du ing the present
session. Tim fund set apart for free schools,
although ctitiv* !y inndi quote to elVect the un
]inrtniit desidcrutuin, of furnishing the means
for a plain substantial education to every
family in the state, under a more regular and
cconouiie.nl adniin'stiatiori, lias, it is feared,
been d s.-npited with comparatively little
benefit. Your committee have no hesitation
in saying, that Georgia is yet possessed of
ample menus to car.suniniate the most san
guine wishes of the philanthropist, in regard
to universal ediiration, so far as hi rmvii po
pulation is concerned To apply those
mentis effectually !<> the object, seems then
to ha the only difficulty which presents itself
to your committee They, therefore, have
thought it . xpoilici.t to off r the following re
solution :
Unsolved, That his Excellency the Gover
nor lie authorised, it in his discretion it he
deemed necessary, to appoint one or more lit
and prop r persons to divest nud arrange a
system for the free schools of Georgia, to In
submitted to the consideration of the next
legislature, and that the Governor, together
with the person or persons so appointed, In
instructed to correspond with such distinguish
ed and intelligent persons, in any part of the
world, nstliey mnv deem necessary, to nflord
praoti' iil information on lliisvery iutcrcsliti
subject.
Mr..I WES, from the same committee,
laid before the senate two tabular statements,
exhibiting the whole numberof scholars edn
rated in the state, under the poor school fund,
distinguishing the males ami females ; also
the number of scholars in tin different aca
demies, their studies, and llm amount of mo
ney expended in the instruction of the scho
lars thereof.
The seiinte looli up so much of the me
suge of the house of representative ol yestcr
day ns relates to a resolution in favor of John
Burnett, late tax colleitor of Glvnn county,
and concurred therein.
The secretary of senate having enquired
of the President what disposition he should
make of the resolution of Saturday last, in
the following words, to wit :
Itesnlred, That the President and Direc
tors of the Central Bank, he, Ar. they tire here
by required, to lay before this branch of the
legislature, a correct statement of the unioimt
of loans tusilo to caoh county, cither on notes
or draffs, whom thoso loans have been mndi
to, and by what person or persons tho notes
or drafts have been endorsed, wad fur what
length of time the loans, as aforesaid, wen
made, on each note or draft.
The President decided that one branch of
the general .assembly, had no right to pars a
resolution calling on the officers of the Cen
tral Bank for an expose of its state and con
dition, in terms of the resolution. The Cen
tral Bunk, us well as nil other Banks, was a
chartered institution ; that charter wits us valid
as all other eh irters. If the charter was not
a good and valid one, the bills issued by tin
officers are, tv all intents and purposes, bills
of credit. 2 I—Because the 18th section of
tho charter of the Centre! Bank, points out
the manner nud mode by which ill i general
assembly shall obtain such information ns is
sought fur by thjs resolution. It is, therefore,
the opinion of the chair, that tho information
asked for in the resolution, must he the net of
the general assembly, and not one branch
thereof only.
From which opinion, Mr. BT. MR of Huh-
orshntn, appealed; and on confirming tho
opinion of tho President, the yens were ill,
nays 35.
On motion of Mr. PORTER, it was
Jtesolrrt/, That the joint committee on ng-
ncitlture and internal improvement ho in
structed to examine carefully, the several re
ports made by the commissioners appointed
to examine Flint river, ami that they report
to both branches of tlm legislature, the expe
diency of making, during the present session,
an appropriation for the tmproremci t of the
report ol the commissioners appoint. <1 ot it
Inst session, to examine Flint river, from
Thomas Smith's in B.nlur county, to the
jiiucliun of the Flint and Chattahoochee,
which was read and referred to the committee
oil agriculture nud interim) improvement.
Also ii copy ol ail net passed by the legis-j
lutive council of Florida, offieringto the m« m- j
hers of the pr-fessjon of law, who are citizens |
of Geoigin, the. privilege of practising in the
courts of Florida, provided the state ol Geor
gia gnt is the same privilege to the lawyers of
the territory of Florida.
A Gill passed to authorise the tratisf. r and
assignment of judgments and executions, and
to make certain mid uniform, the practice
with regard to the saint—Yens 35, nays 29.
Wednesday, December !).
< Gi motion of Air. BRANHAM, to recon
sider so much of the journal of yesterday ns
relates to the decision of senate upon the np
ot said Bank, nud report to the Legislature,
mid particularly to ascertain and report by
whom any specie or United States lulls Inis
been drawn t'lom said Bunk, amt to what u-
rnnitnt ; a d that said committee enquire into
the amount of notes ind drafts discounted
to each county, and the names of the niuk-
ers and endorsers to suki notes and drafts!
respectively.
The hill for the improvement of the roads,
passed in tho House of Representatives,
made the order of the day, was taken up,
u it li the substitute offered by the Senator from
Chatham, Mr. Powers in the el air. The
originn' hill was rend, and the substitute tnk
rn up Gy sections. On rending the first sec
tion, Mr. Stewart of Glynn, moved to
strike; out thw words, “ and tl\c rivrrs,** with
the view of confining tho labor to tho roads
alone. This was rojrctcd. Mr. Watson
moved to strike out tho clause authorising t he
I Mr. BURNS moved an auiendineut to it,
I that iio vacancy he hereafter filled, till tin
number shall have la on roduced to 16, which
poal from tho opinion of the IVesidont, the | appointment of two superintendents, \\hi<di
•as wore .‘hi, n i vs «M.
On motion of Mr. GAMBLE, it was
/{cso/rei/, That the Bank commuter
was rejected. Mr. Porter moved to strike
out tho second section 40,000, with tin* view
I inserting 55,000, to raise? n fund for tho
ipiirc whether any, and if any, which of the j improvement of the navigation of Flint nv-
ehartered Banks in the i*intc has nralccted
nr refused to return and pay the tax on the!
f such Bank, riffrot ahl v to law.
ment, so much morn fhvor&Me to the riftlita »f the
Shop, than those whi h hme immodiatch i»re «W
ii If. h"Wi-\rr, the Coiigrt s# ol* ihu United Slitrsnt
its present segiton, rnnlMry to our expectation;, shall
r Ajm-or neglect io pursue aiieh a policy ns wil eau«e j *vas finally accepted—and the question on
lho Indiana to he removed from within nurHimit*
!•■ riper forbearance will he unjust to our poope It
will become ur duty io • xert mc t!.« poternl.n mi
thorny which htdotips to the .Sinlu. governing at wh«
reside within ns limits, and of nppropnaling all »l < ur
unneopied and unpr anted soil
Permit me to flujggpst tho propriety of preventing
the immediato pobii alion ol tho tesntnony -Cot
Wales informs me, that the witnesses were io great
dinger from deposing nt all upon the subject -t the
disputed line, and would most probably baf lost
lliotr lives, if their testimony trad t»e.en made, ptblie ;
that lie promised that n should not ho publishei until
they b ft tlu ir eountrv, all c»f them lining of Hi* ••mi
grating party Ilo aiatea, howaver, that they were
to have left th* agoney before this time, and wii most
probahlv be rcm >ved from danger very eliorth As
lie testimony wns (alien by order of the Lcgiiaturo,
■ nd the commission at an end, 1 did not feed ny
at liberty in Withhold it.
Signed, GEORGE 11 (J L.MER
Mo an ay. Bee* mbei 14
Mr. GAMBLE rep. red a lull to .mile rise iMG-.v-
• r r to ti niiind .ind re- eivn from the etunmiBJonors
ot'the si-v• ra navig ihle nvers m this siato, tie no
if roes, funds, ;md other property in their hand*) be
longing (•• ilm sure, and to dispose of the sain*, and
slate, to each « ne of w i.- 1(> >
tl,e,r r '' s l><'-tive c.rcuTu
themselves bound
the law according..
F.iiclione marks out
'••ich
The
stock i
Mr. CRAWFORD laid on tho table the
(billowing resolution :
Krsnlrcd, That the treasurer he authorised
to receive Gills of t!:e several incorporated
Banks in the State of Georgia, in win h the
State has an interest ns n stock holder to wit:
the Bank of Augusta, the Bank of the State,
and the Planters Bank, and no other.
The resolution of .Mr. EZZ.VKD was
latd on the table for the balance of the ses
sion— Yeas 51, Nays 17.
On motion of .Mr. POAVERS, it was,
/{csolor.d, That the copy of tho minutes
of the board of Trustees of Franklin Col
lege, furnished to the Secretary of Senate,
tinder a resolution of the Senates Acndem-
irus, ho referred to the committee on Public
Education and Free se.hools, with instruc
tions to examine and report their opinion as
to the propriety of publishing the whole or
any part thereof.
The hill fur tho extension, of the powers
of the Medical Board of Georgia, was made
the order of the day for Fridtty next.
The hill to compensate the justices of tho
Infeiior courts of this State, for certain ser
vices tin rein mentioned, was laid on the ta
ble for the Imlnttccof the Session.
Tbe bill to compensate the Judges of the
Superior courts of this State, for meeting in
Convention, to establish rules of prncticc,
and to compel the Judges to administer the
laws in their different circuits, according to
die rules and decisions tnnde ami agreed o
Gy said convention, was disagreed to, yensO.
nays 1
The bill more effectually to suppress the
crime or practice of duelling, wns ordered to
lie on the table the balance of the session.
A lull passed to authorise the Justices
the Inferior court of DcKalh county, to re
lievo James Gticssnud I.indscy Me Post from
the payment of a judgment, oiiteied against
them ns the securities of Charles Wilhnn
upon a forfeited recognizance.
Thursday, Dee. 10.
On motion of Air. KZZARD, tho .Senate
reconsid. red so much of tho Journal of y
terdny ns relates to the layingnn the tulde,the
balance of the session, the resolution relative to
the laying out a grout market road, from De
catur, DeKalb county, to Columbus, and re-
enrutnonding a compensation of tho commis
sioners, and tho nmorulroent proposed there
to.
The motion of Air. WATSON, to rocon
aider so much of the journal of yesterpuy,
ns relates to the agreement to tho report on
the lull to compensate the Judges of the Su
perior courts of this state, for meeting in
convention to establish rules of practice, and
to compel llie Judges to administer the Inws
in their different circuits according to the
rules and decisions made and agreed on by
said convention, was determined in then ecru
tire.
A motion wns made to reconsider so much
of the journal of yesterday, as relates to the
passage of the hill authorising the Inferior
court of DeKalb county, to relievo James
Guess and Lindsey AlePbst, from the pm •
ment of n judgment entered against them, as
tho securities of Charles Williams, upon a
forfeited recognizance, which was di lennin-
rd in the negative.
Air. I’.l.AIR of Habersham, made, in writ
ing, an enquiry of the President, of the situ
ation of the resolution ot this branch, calling
upon the Directors of the Central Bank fur a
statement of the amount of loans, &c. made
by them, and the progress of the resolution.
The President, in compliance with the en
quiry made, stated that the Secretary cannot
curry tho resolution referred to, either to the
House of Representatives, for its action, ot
to the Directors of the Central Bank, fur
tlirir obedience to its proviso ns, until the de
cision of tho Chair, of the Sill inst. is con
navigation offend river ; the probable amount firmed nr reverted. If the decision of the
. . I* .... I .. • I. .. . .. ...... .. i* . t #.l.I,,. ... 1 .1. i.. i
of money necessary, and what portion of that
river ought, nt present, to he embraced in
the undertaking.
Mr. JANE S, from the committee on public
education and free sell mis, reported a lull to
amend an act passed the TM of December,
IS28, for the better distribution and applica
tion of the poor school fund, and point out
the mode of accounting for the disbursement
of the academic and poorseliool funds, ti Itich
was read the first time.
Mr. BRYAN, from the committee on the
petitions of Jacob Freeman and Win. Gross,
Reported, that the prayer of the petitioners, in
their opinion, is unreasonable, and ought not
to be granted, which was read and agreed t >.
On motion of Mr. BURCH, it wns
Itrsolncd, That Neal Moses of Fayette
county, hr appointed n commissioner to keep
open the south-west prong of Flit t liver, for
the free passage o' fi>h, so for ns the same
runs through Fayette county, to Ware's null,
in the place of Clirilb: Cochran, removed.
The senate went into committee on the
bill to provi le for the improvement of the
public roads in this st-ite, Air. Crawford in
the chair, the President resumed the chair,
nud Air. Crmvford reported progress and
the committee had leave to sit ag-.i.i on Fri
day next.
Two hundred an 1 twenty copies of the
substitute offered by Mr llahersluim, entitled
a bill to provide for tin: improvement of the
roads nud rivers in this state, wi ro orth red 1"
he printed, for the use of the legislature.
The senate took up the messages of the
I oase of rcpresrntativi s, and the hills therein
Contained were rend the fits! tune, and si \ end
resolutions from the house concurred in.
A Communicate n was needed front the
chair ho sustained, the resolution must he
taken tn the House of Representatives, for
their concurrence, if not confirmed, it must
be taken to the Directors.
On confirming the opinion of the Presi
dent of Smote, made on Tuesday, the Rth
inst The yens were 36, Nays 35.
The Senate took up and concurred in the
report and resolution of tho House of Re
presentatives, in favor of Luke J. .Morgan
and Isaiah Fitter.
i’he report on the hill to compel Alngistrats
to give bond nud security, and tn prescribe
the method of preserving the records of their
courts, was disagreed to, yens 31, nays 35.
On motion, to lay thr original hill, and till
•die amendments, on the table the balance of
the session, the yens were 3 1, nays 35.
The previous question wns called for,
which wns rejected by yeas 30, tuns 37.
Fiudav, Dec. II.
Mr. BRANHAM introduced a resolution
for the appointment of a committee to inves
tigate the affairs of the Cenlral I'm: k, pnr-
t culmlvami minutely. Several.-ituendiiieiits
were offered, and either withdrawn or reject
ed. Tho resolution was adopted with an
umriidnici.t proposed by Air. INerett of Ran
dolph, ns follows,—and a committee of sev
en' appointed, consisting of Messrs. lilnir
of llaiicrsluitn, i'lilib, litlur, Sai/ir, Xcsbil
of Morgan, Iirctr. and LUittle,
II Itr 1CI7H, I y the IStli section of the char
ter of the Central Bank, it i-. enacted that
the Beaks of the Bank shall lie open to the
inspection of the General Assembly, c.r a
com milt re appointed for that purpose :
Hr it ttierrfoi-c resolved. That a cuuniiit-
tce he appointed on the part of the Senate,
to join "tie from the House of Rcpresenta-
iiinmen- n sun ngninsi llmur- ul om .y neglect nr
W Inle this was under discussion, a mo- 1 rr ^ ,H " ■ nail, m >, (nil end fa r nitt.enient, *Am- ,
1 wlurn wns o-iid the fuel uaio
Mr. NE8BIT of !Woi£nn |?ri*pen»«<l Iho petiti*»npf
A Inn. (i iS.ll- <1. I.m* Holintur Gi-noml «>f iIih Ocmil-
«. o > irruif. wh'i h wvis refn r» d to n m*l» rt commit./«.
Mr. GAMBLE, from tin* commutes on tho htuhiol
M - rnpu’-li*', to whom wmh r« ferret fo much »»i‘ l\io
(i» Ycrrmr's »nc«m^e ,•« r> l.itcs >o the tHr.tf. nnd U• •*
n snlutDiM of tho »tittn <»f tin* Mi»«»K“i}»|>i, &• ,
n rc»[•«• rr, whit li wns ri'twl nnd unanimnusljr libret ti to
Tl o 8*-nntot *»>k hjv vho of iho t nnimiUvc ol
t!i< whole, on rim t.il! to pro.idi* f rilic improvemtlit
of tho roads :itul rivers it» this siRto. Tliti r«t|i"rl n«
atnnndofj, wns n^reocJ to, nnd tho h II pi**gt d, yn.iH tl>
nnv«IB 0,(1 t lie ii or<L rod t«. he cRriicd to tlio Uoane
ol R< j»r»m iMHiiv cs.
I ho 1 I t » nl • . nnd fix, and nioro full) to deduo the
f • s ot the diHerrnt puh.ir ffiro « uf Hiih stale, sin ri in
me ioried, and tho *. It to coia el jusiicon « f Hie
|tt o lliroijpht ttuA «t .to to givo b ind and socnriiy,
worn ord r- d to Ii- on tho table the balaneo of the
A so, a
ot Mm* |
mode of
'•t difiia
enneta’d
snsmon •
a Ii or w i
’\ert»::
t.on was made that tlu* committee simviliJ riar
report prnnrrosa, and Inve leave t*. sit ngain ;
which motion was carried.
Saturday, Deo 1*2.
Tho Senate n^uin resolved ifsrlt* into a
cnmn»ittee of the whole, oti the hill for the
improvement of tho public roads of this
State, Mr. Beall in the chair. The Presi
dent resumed tho chair, and the lull was re
ported with an amendment h> wav of snh.-ti-
tute. Ordered that the report lie <m the ta
ble.
The S ennle n solved itself into cniinnittt.
of the whole, on the bill of tho House of !!o-
presentntivi s, to change the name of the
Medical Academy of Georgia, mel for tin
extension of its powers, Air. Woollen in t r
chair. The President resumed tie eha’n
and the hill was reported with nmriuluiRir
The Senate took up and agreed t> the re
port. The lull wus read tho third tunc and
passed.
Tins following e.nnttnttnientinn wm rereiveil
from tbe Governor, by Mr. Grieve, iis,8errfi-
tary :
F.xr.cuTtVE Dr.r vHTiii rr,
t t Hi Drrrmlor. 1 - }!!.
I t lansinit to Gut Ii hranelies of ilia hgi-lntui a
a copy of llie report received from Ctl. 8iiitun I
\. Walt's nod Charles Gates, p,.q. eonieisHion-
ers appointed io lake tlm tesiimoiiv -if Indians
and oilters, upon ihn subject of tin di-pu’nd
line b.-twRen tlin Suite and ilia Clmrrkee tribe
of Indians, togetIter with a copy oftlm lesti
ninny taken by them.
It is very gratifying to find that tie. claim i f
the. Suite, which had previously bopt nnl\ -up
ported by the evidone* of our own citizens, th
rived from conversations' with the Oiernkees,
ami otltrr rntlicr unerrtnin sonrres, si slrnngly
cnnfirinRil by tho testimony of the Cherokee-
tltemsi Ives.
I likewise lay before von the copy e 1 ' n leu. >
received ftotit General John Coffee, llie eg -in
appointed by tlio United States Go'eriinionl
to invest gale thn same snbjrrt, to
the nnswt r addressed him from th
Depnnon’lit.
Permit me to recommend to thr Ugi.-lflter
iha mast lilmral and foiheaiing ronra-, in rein
tion to our* right to tho territory in dispute.
Delay and thorough investigation, veil not wea
ken our title, if valid. Representing ns we do
a great community, and having for defendant-
agninst ns a weak Iribo of Indians, subject re
ally to our legislation, it bocorposos not only to
get justly, fcttt tn avoid the very .pppnrane.-ot
violating right. Tbo immediate possession e
tho dispulorl territory is rnmnernlively of srnal 1
importoneo ; our people are in no want ol
lands. The romnvttl of the Chnrokeeaentirely
from within our limits, is howevnr^an olijnrt ot
tlin greatest interest to the Stain. Until il is
efiortnd, our population must relhnin iinsetth 'l,
our policy wavering, and improvement, of nil
kinds, wbother they contribute to ihe enjoy
inetits of society nr the mlsnnreiiient ol He
wraith of the State, unexecuted. \A’« are n-
stirrd llint the exertions of tho present ndiniuis
trntiou of the Gent-nil Gov ernmeul w ill he uml
to promote this end, ro desirnbln to ns. The
ohligntinns of that Guverntnent’s contract with
its, to exiinguisli the Indian title to all the lands
within our limits, we may now hope Will hr
complied it itli in good faith. No one hotter un
derstands the Indian rharartrr, nnd tbe nature
oftlm peculiar relation, which exist between
thorn and our goveruttitmt, than the President
of tho United Sister. It is believed that the i f
forts of the Government, to remove the Client
Itecs, will ho strengthened hy die conviction on
the public mind, that the cause of humanity re
quires it. F.mig experience has sati3fn .ijnb, e\
erpt sectional nnd party zealots, that the Imh
an tribes wl on surrounded hy the white nn-n,
eonlinuc to disappear, until shut out from exis
tence. Tho Government proposes to r move
nil the Indians w ilhin tho limits of tho State, to
an extensive territory, which belongs to it, lie-
yotnl die Mississippi, where they mil ho prater
toil nm 1 . aided in their advancement in civiliza
tion. Tho humane nil I intelligent me every i
where conrurt mg vviththo views of the Uni
erument.
The oppressive system of Government, which |
the Cherokee Chiefs (principally the rdurnted
sor.s of while men) are now enforcing upon Ihe
hotly of the Indians, must soon satisfy ovary
ono of ilia necessity which will compel dii-
Statt.- to put an end to sitt-li an assumption of
nnlhnrily within its territory. Ho long as 'die
Indians retained their original simple habits,
fift-it 11 n r and strong prejudices, and were with
out wealth, they were incapul.lv of disrliut g ■ g I
the duties of ril'Z»n» or Item mg the tmidens of j
Government. The State has therefore pi^r>i>il j
ted those n ilhin it- jitnsdietion to govern iln-m i
selves neeordmg to tlte customs i f lo ir tiihrs.;
Tit's State ef things, ho«ever, 1110-1 i -«■ to
< xist, and unless they shall bo siiordv romot ■
the State iv ill owe it to itself to gover i iliein a-
il dvrs all uthers residing vvilhin its limit ■. \V.
look forward with confidence ti the p- .1,•
p bieli tins Congress of the Uni.'od States n,l
odot t, at io. J*CSt sessi'in, as tha - w ill raliove its
front the necessity ot ttvling* at oil llimn ‘•us
most delicate and difficult subject; for however'
valid may'he our [low cr, ami just our claim, if ndnpted, yens 7
vve net clliciently vt jinn this sutqeet (& we vug t
not to act at ull, unless vv e e., ) v< e shall of
fend die piejndiers of a fottsivleruhle pmti
the law according to the* 11 . 01 "" 1 i
tlliirkc „ rt *pl'Ctifc
opinions become the fewn^'V 11 **.
the particular circuits nt h
ministration oftbv i, a L. ll [ ast ' l “nii
i...illl- l »r«.,i,,,l,',”, , ,':7"<».
of unwritten lnvvoff orce .
are so dissimilar that no
lituuil t« agree io „|| ,l • I
this state of confusion is tv l " m ''
still morn intolerable b v tlJ’T 1 "'!
tlmt occur in tbe npp„ lmi S*i
Every I'llange gives rise '
am! is too apt to up-roo,
principles, before tuui,. r m ?' frt
t<* beinw. u’i,h,,r :r?
men upon the bench, i,,,,
.puhemry system remain, u,'.;I
| complained of, ,n„st eo„.i„„ r
is law m one circuit, will be,,!
>" another. A party ,>li,in t!tT , ( ' ed
will fit; (MiaMed to
the
rt ^n u oner
hi!! forx'in.l B.n juriuli. tinn of Hie jutuiciiB
i* *rt* wiiliiii tliiH »taio, nm] to regulate titH
»> mil’t xt cuti- na on jUflpmrntH, and furl Iter
Hn cJiitii sof lilt* jiibiii i g «)f tlin pnarn and
s, was laid on liu talilo tliu balanco of Hie
‘.Vi, ini)
Tlio Hunate adj'Mjrn»»ti till 3«»'c|or k.
Tl»o Hunrtto mot at 3 o’elm.-k, nnd road Rcveral bills
tin* 21 time)—and
Mr fill \ Ml AM inndtA a report from the joint coni
mitiee on Banks, winch was road end laid on the ta
bl«
Mi BRANHAM, also, from Hie same rornmilteo,
made a n port relative to the petition of Cut. Seaborn
Jones, which was read nnd laid on iho table
NOUSE OF KEIMiESENTATIVRS.
Wednesday Dec. li.
On motion of Mr. HUTCHINS, to re
consider so much of the journal of yester
day as relates to the rejection of the bill, to
author sc the. survey of the lit nils lately acquir
ed In tin* U. States, for the use of Georgia,
of the Creek nation of Indians hy the frentv rokeo Ind
of 1827, the yens were 70, nays 54.
On motion of Mr. WOFFOit D, the house
n£-uu took u|t tlu; report of the committee
of the whole on said hill.
Mr. TUIINEK offered a
lows:
Whereas groat benefits will result from
the section an amended w as earned, yeas 4*
The question was then taken, on the pus- hi s own opinions,
sage of the bill, und it w:»s reje ted, yens 38,
nays 73.
The Ihiusc adjourned at 3 o’clock.
Thursday, December 10.
The folio wing hills were passed :
To ndmit D J Bailey, of Batts, to plead
and craftier? law in the several courts of Law
and Equity in tin* Stare.
To rspeM mo h of the 10th section of
nil qct pnsMe.l D c. 14. 1811, to niter and amend
the HPvernl Judiciary net now in force in t!ii < »
State, so far as relates to Justices Courts, as
authorises justices of the peace to discharge
nnv person °r persons brought before them
cha fed with any "flVnce a/jaitist the Slate, with
cih! ,• yens (36 Nays 37.
Tonilrr in part ilm road laws so far as res
perm the county of Camden.
To regulate tic trading of merchmiH and
slttip Ve*-pers ami otliei s, so far ns regard.* tin*
c iintv of Liberty, ami to punish those who may
attempt to defeat the -atne.
To cruise th< nulit of prr»pcrty levied on und
cl limed hy a f hint person, not n p:\rty in uxcuu*
tion, to he tried ami dett rmhed in the countv
where tlif claimant resnlec, in case said chd
mutts are in possession id’the propettvat tic
time r»f the ] vv.
A inf-sage was liroti^ht from the S nnte.
annoue^iiijr tlm passage of several hills, and a
r”s dntion rripiirin;r tho Directors of the Cen
tral Bank to lay before the Senate a correct
s'ateniMit of the nniount of loans made to * aeh
countv, either on notes or drafts, who those
loan!" hav-- been made to, amt by what iierson-'
the notes or draft Lave been cmdors* d, &c.
On motion of Mr. ECIIOLS,.thc lv>ust> took
tifi the rcsohdi.u), and the same having been
read, and sjjvend sub ..turn* s nfiVred. and coti
siderajile discussion had, a motion wastnaile f ■
ndj**urn —carried, yens 7fi, nays 43.
The house‘adjourned ’till 3 eVdoek an ! met
to make certain eL ctions.
Tho I louse met at 3 o’idock and proceeded !<>
the i lections set apart for the day.
Col. W. ft WOFFORD, «*f llahorslnmi,
vvbs Mb'ctrd to he ft i^adicr General in the
place of Get. Wimble, deed.
Major Oil \ RLES ft FLOVJ), of Camden
whs elected Brigadier (Jeneiul in the place ol
Gen. Harden, resigned.
Directors on the part of the S’nte f »r ihe
Stan* Bank \V fl Bulloch. M Myers, leorge
Schley and .7 B. Punnin.
Planters Bank — Messrs Elina Fori, mini .7. //
Morel.
D men Bank M-*<srs James Troup .Jnsirt
Kimberly James Dnnwoo ly. Benjamin Greene.
and If'm. Fraser
Friday,!) e II.
BILLS PASSIM)
To amend an net unfilled an a< t io incorporate >h
cit v of D men.
To add tin* tetritory lying within ihn chartered litre
if Georgia arid now in tha *>''eii|iancy of tie Che
lho counties of Carroll D Kalb
Gwinnett. Null, nnd I lahnrsliam, and to extern! do
laws of Him Slate oc> r tha same, arj-1 to repeal all
Inwsnnd ordinances mndo l»v iho Cherokee nation of
Ind.ans, nn*t to provide for tho cornpcnsalion of otli*
nerving legal proce
I foriitory. ant! t
ubstitute (i* fol- ^ S'dnto tho testimony of Indians, Ac.
j Scyral bil's were read tho second time.
* Saturday, Dec
. ", j U)n motion to reconsider th-* journal of yesterday,
tho pursuit ot n conciliatory course on the a® relates t»» tho passago <>filie bill to add the
part of the General nnd State Government-, in th« occupancy f >ho Cicroh*
..H.,amv, ) „rl.V’U p ou precis. | v ^
vv ill fad ti) recover m nnenhereiV
ot our citizens will be a,!j„, lir Cl
>"gk in one circuit p
confinement and L.trd )i,!„ Jr
tinry, wltile unntlier, citizewiimven
coininitteil tl.e some act. and 0nd „
circumstances, will fit annilu-, i
guilty of no offence whatever' i
our citizens in one circuit, „-,'][. a
guilty of mndcr, mid i,i:u|' t . ln ' :
offenco Gy the loss of bis /,/ fi w)m ?
cili»;c" in iinrtllu r circuit, p„ilt v 0 f
net, and cnmmitte.l miller the ..
stances, will be mljuvlgedga.ln ,;;"
ter ottlv. I be instances jus:' mci ,|i
'UU' 1 )' that ini*.bt :
")ion
to tlio c tuo?ius ■ r
Cnrr.'li. DuKvb. &c ili»i yeas vvf.ih 42, nays81
Mr. Hf'sPBURN had |oov« io report insrantcr a hdl
to au'b *crfaui c-vtmnissionf.rs therein naan d, n»
w . ( raise $1(1,000 by Inticry, for the puipose of aiding the
meet the just expectations of tlu; funds of Baldwin county academy
The d solution nt Benito, in relation to tho Central
Bank, was ordered to li*- on th* ublo for din rsmuin
fler uf the *- »^>r*n, yea- 71. ni}s*15
Mr ECHOLS, under * rule of rhis iiouac, ofTciod
a proton of inure than ton fnamhers to hu anlc^^d un
‘h* jourri ils, against that part of tho act \vhi« h pas
s‘ d y**st- rday, dial allows a" Indian in givo testirnunv
heforo i ouitsnf justica in this 8lale, Sic The Speak
er di*i i.l.ul ctint the piutost should ho onlcro I upon
trials. Mi D*>n«hcity appealed from tho do
if the chair,,and on the qnosl'on boint* put, mi
sustaining tlio docsi .n of dm cha r, tho yeas w».*r»* 4 I
nays 7J.
Monday, December 14.
TIih hi!! to alter the 3 I and 4th sertmns of tho 1-i
article of ihn constitution, was njictod, yeas 72, nays
50. not being n uot'HliluthmHl majority. This tn!! ro-
latcd to the representation of the coiinm*® m the legis
lature
Tho committee on the state of the republic, made
live fires at Au^urm,
nnd submitted a resolution npnrnpnuting $10,000, n*
^ .a donation for tlm sufferers. Tlio rep ri and rendu
Rcsolt'cet, f l hat CQpirs of tho.^f* resolutions | don were tukon up, nnd on motion to agree thereto,
were 53, nays GI. So uj house refused to
ntfren to tin* report and resolution.
The bill making appropriations for the p jlitical year
1< W 30, was rend the Hurd tunc and passod.
Tin* following bills (.1 Sonata were read the third
time and passed :
To require the < larks of tho court of ordinary -d
) the several counties of thi^atatn, to record in their
^ all guardian's and administratorbonds.
xiond th* lime f.»r fort’ onto drawers in tlie
lard lottery id 1^27, to take out thoir grants.
ttnd much mischief from n coutritry com so ;
nud wherojts tho General Government on the
application of Georgia, is using every oxer- !
tion to
*St te in reference to the disputed strip of
territory lying between the line commencing
at the Buzzard Roost, nud that commencing
at Suwanna old town.
Resolved therefore, hy the. General Assem
bly (j the State of Georgia-, That, reserv
ing and saving all the rights’ and powers of
the State, they will, for the present decline
interference with tho operations of tho gen
eral government in reference to'thc said dis
puted strip of territory^ in tho confident be
lief that every thing which can he done, will
he done, hy the experience, the wisdom, and
the .energies of the Executive G)vermneut
sustained by tin* Congress of the Un t< d
States, to meet tbe just expectations of the!
p'f ni "' ti ; i )row ^ e ,lic »>'•« of the j L^Luh
Iutiians within its I mds.
^ 1 j tion wi
tho ) r.
r /
/fAIR. SHORTER, from the Joint Judiciary
Committer, submitted thr Jollotcing
Go tranFmiited to ili-r President of the United
Stntro, nml to the Seriat'vfs und Representa
tives in Congress from this Stall-.
Air. BURNS culled for the previous cpies-
liou, nnd on tin- question, shall thr. main yurs.
tint hr now put ? the yens were 97, nays27.
The question then came upon th« pus- ■ Hi n i
sage of the hill and wns decided yens t>H,! ”
nays 6(5 l ”" 1
The House then proceeded to the order
«f the day, which was the bill more cfiectu
tillv to endow the University of Georgia.
Mr. BBUSTER moved to lay it on the| ItTJPOltT
Uihlo fur the remainder of the session. This Two Resolutions from the House of Rep-
motion was opposed hy Messrs. Hull, My- resentaiives have been referred to the cou
rt'-*, Shorter nnd Dougherty, and advocated siderution of tins committee. liy one' o!
by Messrs. /Hack, Hailey and Patrick— which, your committee is instructed to cn-
nml on agreeing to it the yens were 56, nays quire into the expediency qf estHhlisliin•>- a
69. court for the correction of cnors, and it' ex
- The bill ms then taken up by sections, pcdiont, whether nnv, what correspondent
a;ul Mr. Cleveland moved to strike out the alteration is necessary to be made in titccon-
first section, which provided that when the stitntion of this State? Amt hy the other,
semi minimi dividends on the Bank stock your committee is instructed to enquire into
owned by the I diversity should not equal 5 the necessity of so amendin')' the constitution
per cent, the deficiency should be made up' ns to allow suits either nt common law or in
hv thr treasure. This motion was advornt-: equity, to ho iiistiluted’ugaitist co-defendants
ed by Messrs. Cleveland nud lllarf:, nml op- who may reside in differe.iii counties under
posed Uv .Messrs. Hull nod Shorter the same rules nml restrictions ns m miit.s
Tlio motion was afreet! tn, yens 63, nays 'against joint promisosrs,-nitd joint oblin-ors ;
63. The d t section was then ri nd, settinn; nnd if necessary, to prepare and report a Bill
apart the interest on the remainder of the
University hoods for the use of thfsUnivrrsity.
Mr. It NF.S, offered n snhstitute, ap
propriating annually for the use of the Uni-
versity .*!j,l ),), for the exprsss purpose of
for that purpose.
In obedience to the fnivffoitir
only n few out of
a.I-ie I, and tlmt have n«• t ii a I Iv' occur
In tleeisiiinssiicontrailiotii'n- a;. l( |
inconsistent, no argument is' nee
prove that t rrots have keencommui
as no correcting trihunnl cxisicj i|,
my; parly was compt-lled tosiibui’-tu
ui'tjes! v of the law, but tn the nnitj
single judge. Every free eitizea of
is deeply interested in correctinj
nnd in arresting its inHitcni'e aihh
results, und none can lit- more inn nti
the ("’or und dependent, for if f. m ,
fmmd in our judges hy parties Ink
rich and powerful may expect i', hur
man can never indulge even the bpt
Whilst this hrnitcli of th,
your committee would tetnnrk
strenuous, as Wei! as the must forntid
position to the cstalilislimeiit of a trit
the e irrcclioti of errors, nrise> I'rointi
er class of our citizens. Nerer wn
tion so ill-founded, i,r incimsi
true interests id the opp.iserj. hu
liliernte opinion of your coinmilU't
court foi the, correction'nr errors inf:
would he in reality n protector Hilda
ol’dhe poor man’s rights ; a hnn
against encroachments iqian/Amr
which, hccordi g to our present ii
system of jndicntnre, he is ilteh tn
the grievances nnd hardship.* of *f
experience of many a one trill snih 1
If there is any thing in 'the orgnnij.
our government, which should claim
tteuhir attenti'iu, and addressitsiK 1 ,
be nts of that class of society, it i
perfection in our judiciary sysa in.
The other departments of gnrernm
generally but field- for the struggle of
tion, in which the poor man is dett
play but nil inferior part, ft is totb
ful, llie pure and permanent mlriiint
of the laws -that he must look, tints,
the unmolested enjoyments of them
industry,‘but for the maintenance oft'
srnal importance to which he i
the social compact.
Let us imagine a judge under tin
system, upright in clinl'iicler, pure in
tion, and of distinguished legal attar
\ contest arises within hi.- juris'liclij
tween an indigent iiiiliviilnnl,iv.dIns
and influential neighbor. Tlie firsti»!
lily seeking nothing but a fair adjmS
the controversy, according In the Imi*
com try. The latter, indited ivitlith*
gonce and tyrannous siisjwsitiouwInch
and power too often inspire; nr pro*
tfic si-lfisij 'dictates of insatiable i
Your committee would ret-pectfullyf
whether in such u case, it is rcr/mnI
scales of justice would he laid w't. 1 '
hand l While human nature rcitimj
cliaiigei 1, while man shall continueGj
'the same fallible nnd frail lieiog.^*
scales of justice in such a case#'**
In Id with an even and un leave ring ta
Is it insulting tn the sacred cliarntlct
bench to say, that with the rmninan.!
lei its, the fiscmating eloquence, #
dexterous sophistry wliicli wealth r.w
to employ, the Judge, the j»>ry nml "
(lienee, may he so far misled tindlrg"‘
to give the oppn ssnr the praise"l7 CT 11
and cast upon the ‘oppressed th*-'
oppression ! To such n state of t-;" 1
the poor man now exposed, n:ul ac" nf
fearful odds he has now tn contend,
there existed a superior correcting
free from the delusive influence n 'j rt !
or sophistry, the unfortunate inniW‘-“*
now clamors against its adoption) f'"
peeily, it safe and a sure deliver* '
iU .* ..Y',,., ilio nllloSt J 1 ' 1 ?
le effo
all th
is impossible tb it i ven tho abb'et b
sr existed, can have at n sing' 1 ’
Resolutions, | "P n » 6ic M>". r ,>f every occasion, ^
your eomm.Ucc have taken up the two suli- r " )l ' s > extensive, nnd nlniost ui
j? cts ot iv te fence, and after bestowing upon
flicin the necessary cousidcralion, l*c<r leave
if
nnr count?)'. IVru i? me, fm t!iese niui raj in.
ty i f oilier p risons, nhiuii ill retulily mi^*
tliemselves to those wl:o have invt sn^ati u ;
sid j* rt. to iTcninnirml to tlio Irt^islature, the
runiinnaiico of its foil»t;nnmeo a littfu longer,
upon tji«; snhjert of our Indiai) ten itnrv un i
nm liri.larlv tft;iI part M liirh ,he S ! nte el.Mmsio
laive let’ll pmvh.ise/! of list; (’ie»*ks, und is
now in |’O.H«rs>ion of tlio Cltrrokeos.
!i ii linprd tlmt tlio report wlijrh will ho nvolt* hv
ihe United S.utes mnimi^ioner, tngether with Un-
t< Ktimony ohtainoil t*v llie cnirnnissintiers t»f (iti..r*»ia,
will Rvitikfy the Fr« Milunt t»f thn United S'.Htes ut ,,»»»
rip lit ti» tho iinmodintn pos»e»sion «•;* Hit* dippund
enuntfy, and that ho will eamply with lh« request nt
my pri derosvor to hnvo the Chorekprs rentox ct) there
from
1 rot fidontlv n ly upon tlio personal k:nmk*cl|re
tho l*r* sidrt i nf ll.o United Bui ten os in the extent . t
th*’ limt's of liio ceiititry rlaitiied b)' fho Fr» i !<«j ail
('herokers (as \\ c|| as his (’ispnsition to do us jijsin ,
ft r his fiivnrahlc dotcrminnlioi). Io pursum# th-
rourse we sholl avoid tho iinpimsnnt noeosvity nf nr
in': as sole judge in our own cause, nnd eollisi n with
tho pn'FOnt ndminisimtion of the Genera! Govern.
ims'mnl principles of law, socotnf
tec) in bis mind, nml rnffrnvpn np 0 ^
orr, «as to defeat the efiorts ll ; -
attention perhaps for inoiitns, |
cause, lias been uttrcmitnmd) C J'» .- (
the special purpose of cv i t ( ln | ^_ , .j^ ^ |
a cabinet of minerals, and to provide for the sumc it as an admitted position,that in every Vll 'd srtt1 '" 1 or contested P n " c “'^
. , education of the poor nt the College, were country whose citizens profess to be Jrtc, it Wlint injustice would not ® ’ ,
s j all stricken out. ^ _ ; is essentially necessary tlmt justice shoul-l bn Ilule, h Harolwick or a Holt (tlin ^
Mr. lIF.i’Bl RN oilered ’an ndditionn) ‘ dispensed impartially, the law made certain,! luniiimr'tes of the Eng^ l,& l l liel , a |f ri ,ii
section appointing 16 additional trustees, j and its enforcement uniform. Unless the te- mankind, had there been «o nf>P< ■ -
milking33 in nil. I mire by which we hold our lives, our liberty, ' decisions? Ami what an 11 .•
Air. IVERSON propm-ed to amend it hy and o'ur property, be remb ved both certain do we (adopting the pri"C'|'l« ^ ^
pa.ymc two additional professors which was, to propose the following REPORT;
nays 46 | Your committee regard the subject cmhr.'i-
The section* making np]iropnations for a .ced in the first resolution, ns one of vital mt-
new chapel, the itierense of the library, nnd portnnee to this whole community. We ns-
tat in every
JmlgM,
nml proposing that no raenney be filled un-; better than'n “sounding lirns's^ or a tinkliilg wilfbe no disparagement to snv,
taking the firsts proposed by Air. Hepburn,; and stable, our vaunted independence is no low) impose upon
rent
til the whole ttuinher be reduced to 17, hut
finally withdrew it.
The question was thou taken on Air. Hep
burn's amendment, and the Spenkcrnnnoitnc-
ed it carried. A division was called for—
pro-
Alr. HULL renewed Air. Iverson’s
position—Rejected, yens 45, nays 7K
Air. BATES moved to lay the lull on the
i ihle for the r' tnainder of the session. Lost,
v- s 55, nay.- 67.
Tin question then came up on Mr. REP-
i.'URN’.S proposition.
Gymbnl ” We mav indeed he free in a na- ison t< those, tiny ate o Bid
This great evil has been long" ,,
of it seeo"<la r . T 0
»«»«
all*
slud* he slaves to a judicial despotism. Not- ten felt, the Legislature PV .|1, W
timial point of view, hut at the sc me time we
idicial despotism.
withstanding .ill that the legislature bus done could liy law d« to corn i ' >r cf ,n it i"
to render the law certain, it is apparent to all tlesirahje ohjeet has nob cr be ® :l< *
that the object !uts not luen attained, and opinion of your coinartto 1 ^^ j |lC jpi
that every new net, when differently constru- without a rndicnl clintige in ^ ^ a gnin
ed by our judges, is only calculated Io render our judiciary system. ^ |n j |>nt8 «id»
confusion worse confounded.” Under our ugiiin seen legislattin^"^pypoiisir"'^
present judiciary system, it is not in the na- we have seen them diltere^^
*ure of tilings possible, tlmt uniformity can we have seen the ■ •' ,l<cl*ri"r
In attaint I in the administration of the law. upon the same subjects, • fV pn'
AVe now Imvc eight judicial circuits in the should be. the ooitstf |,r, ' nl