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JUDICIAL..
GEORGIA LEGISLATURE
IN SENATE.
Friday, Nov. 19.
On motion of Mr. Stewart, the Semite rc-
From the Journal of I.air.
DUTIES OF JURORS.
The trial by jury is of great antiquity, and
hns been eulogised nsnfl'ording an adequate uons i,|,. rci | the Journal of yesterday ns re-
protection against the oppressive exercise nl
arbitrary power towards any one, however
uiiinfliiuntial his position in life. Its most
popular feature is, that it furnishes every man
nn opportunity of being judged liv his equals,
whose interests cannot he supposed to consist
in doing him injustice. Whatever conflic
ting views, of which it is notour purpose|
here to treat, may he held respecting this j
inode of trial, compared with others, where |
gnrds the rejection of the bill for the estab
lishment of a court for the correction of er
rors.
On motion of Mr. Sayre, the Senate took
up the resolution requesting Ins Excellency
the Governor to institute nil enquiry into the
conduct of the Commissioners of l’ilotage ol
Savannah river, which was rend .So agreed to.
This resolution relates to the disposition of
funds which may have been in the hands of
applied to the settlement of questions of pro- ( | le ( ' m uniissiooer» of 1’ilolnge, and ordered
perty, and of disputes between
and
hv law to he applied to the removal of oil
man, we believe that the nuniher of those is | s triietions in the Hnvannnh River between
small, w ho in this country, will question |,s I (|| U City nnd Five Fathom Hole.
superiority w hen applied to criminal matter
We are aware, that illustrious examples niav
Mr .'Floyd, from the Committee on the
State of Republic, made a report on the
he cited of eminent men, whom it Ims fail' d ' | l( iundary line between Georgia nod Floridn,
to protect, yet we firmly believe that it throws
around the innocent a panoply, os impenetra
ble as the imperfection of human tribunals
will admit of, while it gives no dangerous fa
cility to the guilty, whereby to elude punish
ment. In the United States, and nearly all
the states, it lias been so highly appreciated,
that in questions, civil as well as criminal, it 1
has been adopted, and even been made an j
article of constitutional guaranty,
is scarcely a citizen of mature years, wli
hns not been repeatedly called nn to act as a
juror, and in that capacity to perform a res-
ompanied with resolutions, which were
read and agreed to
The Senate took up the following reports
of the Joint Committee on Agriculture and
Internal Improvement, which were severally
read, amended, and agreed to, &. which read
as follows :
The Joint Committee on Agriculture and
orations. They, therefore, recommend the
following resolution t
Resolved by the Senate, fft. That the set
tlement effected by R. K. Hunts, Esq. State’s
agent with the Commissioners of the Oconee
river below Milledgcville, owing to circuni-j
stances beyond bis control, is incomplete; and
that His Excellency the (Jovcrnor he and he
is hereby authorised to have the most efficient
measures adopted to ellect u full settlement
with said Commissioners, and their prede cs-
snrs, for moneys received by them under le
gislative appropriations.
The joint committee on Agriculture and
Internal Improvement, to whom was referred
a settlement made by Washington l’oe, Esq.
agent for the State to carry into effect a reso
lution passed the 21st December, IMS), for
ascertaining the situation of the public funds,
and the property in the hands of the River
Commissioners or their agents, so far as to
settle with the Commissioners of tlieOcmul-
gec river above and below M icon ; also his
report as ngent for the State, to carry into ef
fect a resolution approved the 19th December,
1829, tocause nn investigation to he had, and
if possible, a collection made, by suit or oth
erwise of the debt due by the estate of James
M. Tuylnr to the Commissioners of the Oc
tars of the Penitentiary, for the 3d quarter
were ordered to be printed.
Mr. Spann, from the committee, reported
a hill to regulate the Internal Police of the
Penitentiary, Ac.
The Senate acted nn various hills from the
House of Representatives.
Monday, Sor. 22.
The hill from the House to eh mge the
d.l. That the persons to whom permits' Mr. BEALL of Twiggs, said he was sur-
tiinv b. g i ted shall lake mi oath to make prised at the course ol the gentleman front
inn- ipi u rly returns and payments. i lluldwm. Flint gentleman, lie believed, was
I th. That when it is known to the Govern- ) the father of the :• II on the table. l>y Inin
or that the trust reposed is abused, the per
mit may be withdrawn.
5th. \ II the proceeds paid into the Treasury
shall be set apart as a fund for Internal Im
provement and shall he divided among the
election of tax collectors in the several conn-1 counties according to population.
ties of this Stale, Ac. was read the third
time and passed.
A hill was passed to extend the charter of
the Rank of the Plate of (Georgia.
Several local hills were read the third time
mid passed.
The lull amending the net of mcorporntioi
of the Central Rank, was taken up, in com
mittee of the whole, and some progress made
in ils consideration.
HOUSE OF REPRESENTATIVES.
Friday, November 19.
The House took up the memorial of Ben
jamin tl. Smith, contesting the eligibility id
Ashury Hull as a member of this II mse.
Mr. Flewcllcn offered the following in re
lation thereto, which was read and agreed to.
it had been fostered and matured,an brought
before the House. But now he comes for
ward and discards it—Mr. B. Imped tlio
House would now take it under its guardian
ship— l’lie gentleman limn Warren had giv
en conclusive reasons, lie thought, why we
should act promptly <>o this subject. And
there are other reasons. 1 he United States
,roops arc In he withdrawn, anil the mines
.nil he left without any protection. No
Imiht trespassers are uhemly there, il tlio
troops nr. gone. The gentleman did ant
,n.iw of the withdrawal of these troops be
fore Saturday, lias the iiiformiito.n altered
bis opinion ? Siuee that time has he become
.-navinced that the adoption of tins lull will
defeat his favorite measure of occupying the
country 1—Sir, said Mr. B. I ctin’i see the
i-oiiiiectioii between the two measures. Even
if we survey and occupy the country some;
thing must lie done to protect the mines in
the mean tune. Why then wait? This
M r. AVl iFFORD hoped the house would re-
ject the substitute. It went, lie said, to chnug.
the features of the original hill altogether;
and he though' a monient’s reflection wool
he enough to satisfy any mini of its impro
per character. The State will never he pro
fitted by disposing of the niiiies in this wav
It is not in the nature of the business that i
.-an he conducted in this inn. tier. Th -
agents can’t Hike care of their business u-
lens they are constantly present. It was of
ten the case, lie said, in his own county, that
men owning mines were defrauded ol a
principal part of their gold. This was om
reason vvliv In- was opposed fo the substitute.
Another is tlmt it this disposition of them is
made now, they will lie eventually sold, and measure does not depend on the other at all.
llrsolred, in the iipiniim of this House
■nulgec river below Macon; having had the i the office which the lion. Asbury Moll holds
same under consideration, beg leave to rc- | ns Secretary nnd Treasurer lo the Board of
port : | Trustees oi‘ Franklin College, does not dis-
Tliut they have attentively and carefull* qualify him us a representative from tlieconii-
, 1 , .. .1 I I in^ii, nu ni.ei-1 Hiinii.p
porisihle part in passing on the life, the Ida - j , f(||ulil nm|
tv, the reputation, or the property of Ins lei- ( .„ |nllll , siml( . rs ,
11 (• . s M. mil iiitTjr hum. uiii.iiiivi.it uit ■ vm i|iiiiiiiv iiiiii nr
Flu-re i Lilcrnal Improvement, to whom was ri er discharged the duties assigned them nnd nl- |y „f (.'lark, ii
• red a settlement made by A. B. l.ongs roe , Ifl( . p 1( || nn( j n trict examination of the settle- i stitutioiuilly i
Esq. agent for the State, to carry into el- ...
e.*i a resolution passed the 2tst December,
|H29, for ascertaining the situation of the
low man. A few suggestions as to the man
is to settle with the
rly in the hands of the
or their agents ; so far
Commissioners of Sa
in which these duties may be best perform-1 I(jv r 1)(>|(>w ,\„g UStu : having had
cd, it is hoped, will neither he considered super* j ( H(iniu |im j,. r cnnsidernliuu, ask leave to
flu.uis nor misplaced. Me have already )r)r( .
published, from the highest authority, rules J ‘ .jp|„.‘committee have attentively nnd very
mid that lie is If
lly entitled to his sent in this branch
incut which was made by Washington l’oe, „f ttie General Assembly of tins Stale.
fill into the handsof monied men, nnd
lln great m iss of the people of Georgia will
be deprived of their rights in regard loth- in.
Mr. HAYNES said the substitute invol
ved principles directly opposite to iheorigi -
al hill, and to the expectations of the people
illv and con-| of the country. The country, it was well
They are separate and distinct questions,
each stnu.ling on its own merits.
Mr HJW \BD replied—lie said he had
not discarded his lull, lull luul moved to lav
i on the table lo preserve il. lie did not
wish it to he torn to nieces by the substitute,
lie did not belie ve then- was anv tlii.g in tlio
Esq. (agent for the State,) with the Coinmis-!
sinners of tlio Ocinulgec river above Macon, \
Bills were reported as follows :
Mi. Schley : To establish common schools
it appears, from the agent’s reports and set- , throughout the State of Georgia : and
which, if observed, can scarcely fail to innk> j
the bench A the bar respected; lint ilieir fidel
ity, however constant cannot secure the equal
and certain distribution of justice, il they k"
not supported by upright jurors. It is tin-
high duly of the judges to instre. t jurors in the
law ;— of the advocate to lay the ease of his
client plainly before both the court A the jury;
nnd of the jury ultimately to settle all qaes- !
tions of disputed fact. In criminal cases, il
is their right to pronounce on the law iis well
listin' fact, and this privilege hns been asser
ted in times when it was attempted to blow
heat jurors, A the licneli was seen arrayed by
the side of the government fertile oppression
of the subject. We luivc never yet witnessed
such dark days, nnd we trust that wo never
shall see the time when judicial independence
shall he subservient to executive influence,
or when political or popular favor shall he a
consideration mingled with the exposition of
the laws. M'e have had bright examples of
judicial virtue and learning, nnd the lustre
which a Washington, a Tilghmnu, and u
Duncan shod upon the bench, are yet fresh
in the recollection of every Pcnnsylvnttinn.
May the memory of such men he cherished,
and may their example lie emiilnled !
1. Jurors should hold themselves indiffer
ent betwoen tlio parties, neither leaning with
partiality for the one side, nor with prejudice
against the other ; they should not suffer pop
ular clamour, nor out-of-door influence to
uflect their minds or conduct, hut should re
member that they ought to ho an indepen
dent and impartial tribunal, seeking simply
to adjust uprightly the matter submitted lo
them.
2. Jurors should listen attentively to nil
the evidence, each for himself, nn.l not take
it nu trust afterwards, one from another, each
feeling that lie is answcrernble to las own
conscience, for the diligent performance of
his duty.
3. Jurors should give car lo the arguments
addressed to them by counsel, who albeit
they may he sometimes dull nnd tedious, not
speaking to the point, neither imparling light
nor giving instruction, yet are entitled to lie
listened to, as the representatives of the par-
cnrcfullv discharged the duties assigned them,
nnd after a full examination of the settle
ment Hindu by Augustus B. Longstrect, Esq.
agent for the State, with the river commis
sioners for the savannah River, below Au
gusta ; and after deducting the amount oftlic
nmnuiit of disbursements front the twenty
thousand dollars appropriation ; they find in
iis hands five thousand five hundred mid nine
dollars 89 1-2 cents, In sides a schedule of
boats, tools, Ac. which was delivered ovei
to the agent, by the commissioners ; for the
specific items in the account, a reference can
he had to the settlement forwarded to the Ex
ecutive Department, Ilib October, I-.10;
they, therefore, beg leave that this settlement
may 1m taken as a part of tins report. The
agent states, that he has attentively consider-
. d every voucher, and found all correct, and
the Commissioners desired tokeep the vouch
ers for their own security, or they would have
been forwarded. A nur committee, therefore,
recommend the following resolution :
Resolved by the Senate and House of Re-
presentatircs, ,\*c. That the settlement made
hv Augustus B. Eongstrcct, l.sq. ngent for
the State, with the Commissioners ol the Sa
vannah river, below Augusta, is sutisluctory
and complete.
The Joint Committee on Agriculture nnd
Internal Improvement, to whom was refer
red n settlement made by It. K. Hines, Esq.
agent for the State, to c irry into effect a re
solution passed the 21st December, 1829, for
ascertaining the situation of the public funds
and properly in the hands of the rtver com
missioners or their ngent, so fur us to settle
with the Commissioners of the Oconee river
below Millodgevillc, liavi\hnd the same under
consideration, nnd beg leave to report:
The Committee have carefully discharged
the duties assigned them, in examining nnd
investigating of the settlement of R. K. llincB,
Esq. the Stute’s ugent to settle with the Com
missioners of tile Oconee river below Mil-
ludgeville. The ngent states, that he hns uot
attempted to procure n settlement of the ap
propriation by the legislature for improving
of the Oconee river, prior to the act of 1826.
tics. And no man can he judged justly nil- j By the secon I section of that uot, the Com
heard, or if the jury jump nt conclusions in
the dark. No advice is necessary, w here the
counsel are learned nnd discreet.
-I. Jurors should not allow disgust, ill will,
or wenrisoincncss, induced by the conduct of
counsel to injure the client, for it is with the
lights of the latter, not of the former,
they nro charged. And it is no part of their
duty to visit the sins of the counsel on the
client.
5. Jurors should listen with deference to
the judge—in civil suits, taking his instruc
tions us their guide in matters of law, for
lo expound llie law is his province ; and in
nil enses treating his opinions with humming
respect, yet recollecting that they nrctlie ap
propriate judges in matters of fact:—To for
get this were to make the trial hv jury an ex
crescence, and worse; for it were to delude
by a mock display of the shadow, with
out the substance of justice.
ti. Jerors when they retire from the box to
missioners of the Oconee navigation, in
whose favor the legislature by the nets of the
15th of December, 1815, 19th Dec. 1817,
and 22d December, 1825, appropriated the
sum of 023,000, nnd whoso operations ap
pear from time to time to have been report
ed to the legislature, were directed to turn
over to the Commissioners then appointed,
nil the property, negroes, implements, Ac. in
their hands belonging to the State. The di
lections contained in this second section of
the net, so far as the agent hns been able to
learn, has boon hut partially complied with,
by the delivery of the negroes, implements,
Hud 1,001) shares of Bank Stock. For n
more ih tailed account, reference can he had
to the ti port of tlio committee of tlio late
hoard, at pages 35-6-7 and S, of their min
utes. The report of the committee does not
appear in have been agreed to by the hoard,
nor any further attempts made to procure n
ttlonient. There was doubts in the agent’s
iluhbomtc should carefully consider At.i. that mind, whether power was vested in him to
has he.cn heard, not giving nn undue influence i investigate this business, prior to the act of
to the last word;—iliey should consult calm- j ihe 26th Dec. 1S26, appropriating ,820,000 ;
ly, hearing in mind that every one is equally therefore, he has been confined in his settle-
entitled to urge his opinions, to judge for meat with the Commissioners appointed by
liimsclf, nnd is alike responsible for the ver-1 this act. The agent certainly has been active,
diet.
While each should be steadfast in his , vigilant nnd industrious,
I ... I I. . . ... I I ' 1 ..I .. ... .. 1.1. .1.
in the investigation
adherence to what he believes to he right, he I and settlement w ith these Commissioners,
should not he insensible that he may liimsrlt'\ Tlio following is u condensed view of the set-
be mistaken, nnd therefore, he, should nut tlcineut, viz:
dose Ins ear to argument, nor his mind to
conviction. Pcrsu asion and fair reasoning
may convince, but self cone
deportment will only tend tr
may in itself hejust.
Borcm.
Tlio npprnpriatiiin,
l.or, SO, 1620,
t» il nml rude 1 100 Slmrtm of Suin’ Rank Slock,
exclude wlmt l»i*;«l-nrt on IGnUSm.lc,
jCnslinf C..I It. Clulint,
Salo of tin
Jurors should keep the eye single, stead- [ j|j I0 „f i.nn.G,
ily fixed On doing juslice, costing no lot
which way they shall decide, yielding to no
compromise for the sake of convenience,
swayed neither by fear nor favor, nor looking
to, nor apprehensive of consequences.--•-
“ Fiat just it ia, mat calum.'
All observance of these rules will, we be
lieve, lighten the pciTcrmnnce of duties gen
erally burdensome, ami sometimes distres
sing, and nt any event will leave in the mind
the consolation which must always result
from the honest and vigilant endeavor lo per
form to the host of cur abilities mr relati- e
duties. The firmness, intelligence, and in-
n-grity of our jurors—the steady and satis
factory administration of justice, have won
for them a well earned tribute ol applause.
lotoic.tun nionoy Loaned,
$30,000 00
m oon mi
t or.o nn
4a!) 40
455 00
3,7 (Ml 36
616 04
dement, that he has cash in hand 8351, and
evidences of debt amounting to $7,327 51,
which includes the value of 13 hands deliver- j
ed to superintendents of roads ; add this to
81,305 14, paid into the Treasury, will make
the sum of $8,983 71. Also considerable
property which was turned overto the super
intendent of roads. For a more detailed
account reference can he had to return No. I.
The agent lemurks that these Commission
ers Inst three hands by death, drowning and
desertion. He feels satisfied they have not
squandered the public property, It will he
recollected this appropriation for the river a-
liovo Macon wns 810,000.
The ugent in his report nod settlement
with the Commissioners of the Ocinulgec ri
ver below Macon, remarks : after four (norths
research ; nftcr repented efforts to firing them
to n settlement; after promises violated mid
engagements broken ; he succeeded on the
27lh May lust, in effecting a settlement with
them through their agent, Mr. Sumuel Gilles
pie. The settlement sti'l is incomplete, and
far from being satisfactory. The commence
incut of this business wns in the year I8l(i.
A company BtilcdCommissioners to improve
the navigation of the Ocmiilgee river, was in
corporated by the Legislature of this State.
The following year 819,969 w ere appropriated
for the improvement of said river. In the year
1818,the Commissioners purchased ten lini ds,
cost $8,090; $2,000 laid out in flats, working
utensils, clothes and provisions. One negro
was killed, two runaway, nnd one died ; the
balance wns sold for $3,757. In 1822, the
Legislature made a second appropriation of
$10,000 to be laid out in able bodied negro
fellows, nnd titles to be vested in the State.
Ilowthis second appropriation was disbursed,
the ngent stales it is impossible for him to
find out as yet. In the ycHr 1826, an addi
tional mm of $20,000 was appropriated by
the Legislature for the improvement of the
Ocinulgec liver below Macon. In 1828,
twenty-eight negroes were purchased nt $150
each, amounting to $17,000, as appears by
the report of the Commissioners to the Le
gislature in 1829. The Commissioners deem
ing it advantageous to the State and to the
company to go into the boating business, did
so. Not getting freight enough, they conclud
ed to enter into the cotton speculation in Ma
con, nnd grocery in Savannah. From the
fall of cotton, or imprudence in purchasing,
or both, they realized n lass, instead of a pro
fit. To make good this loss to iheir credi
tors, they had to raise the money front the
sale of all their hunts, fourteen of the negroes,
nnd the hire of twenty-seven hands, for four
or five months. The agent further states,
ilint from the best information ho cun gather
of this complicated business, that the Commis
sioners have owned in ull 52 negroes ; 29
Imvc been turned over to the Superintendent
of roads mid rivers, 2 have absconded, 7 have
died nnd have been drowned, and 14 they
had to sell to pay the debts due at the closu of
this cotton nml grocery spe illation. It ap
pears oil a final settlement of this business,
that the Slate's agent had to pay debts due
by the Commissioners of the river below Ma
con, to the amount of $179 32. lie deduc
ted this amount from $351, cash he received
of the river Commissioners above Macon.
It then left in his hands n balance due the
State of $171 68. For this nmount sec the
Comptroller's receipt, No. 8, voucher.
In compliance with the resolution respect
ing the debt due by James A). Taylor, de
ceased, to the Commissioners of the Oeiniil-
gec river below Macon, the agent reports,
that lie investigated the same and discovered
proper testimony, hns instituted usuit for the
claim against the executors of James M Tay
lor, deceased, returnable to October term of
Pulaski Superior Court. Your committee,
therefore, recommend the adoption of the
following resolutions, viz:
Resolved by the Senate, dj*e. That the set
tlement effected by Washington Poe, Esq.
Slate’s agent with the Ocinulgec Commis-
knnwn. was opposed lo making any reserves gold hill to prevent the passage o! the hill to
hut such as had been usually made ill st.oli j survey A occupy the country. But he would
th i ■ | tell gentlemen the reusmi why he had made
Ini' such ns had been usually made
eases,— it did not expect other reserve
the fractional lots.— Adopt the principles of th" motion. 1 hose with whom he acted, dcsi-
that suhstilute, and von adopt the primaple re I 11, A lie w as w illing i • accommodate them,
of reserving tl.e golif mines altogether. The It was a very important m.liter, lie said, to
idea that the people are to get them is at an i taive possession ol llie mines; but it .-as uot
end It was believed that when we got this j worth n button compared with the survey—
! land the people
To define the duties of the Governor, in
the distribution of the academic liind and to
provide that rectors and redresses make their
returns under n .tli.
Mr. Robertson : To authorise limited
pnituershipH for the transaction of business
in this State.
Mr. Oliver: To prohibit the issui g of rt determination to reserve any iliing beyond .justice
to have the benefit of il wns Imt ii drop in llie bucket. Gentlemen
the whole of it, gold mines and all — IL w as,
he said, opposed to reservatn ns altogether,
were £1 vial; their political creeds, and he
would give u part of Ins. He was actu-
nnd In 1 hoped tin House would not come to uted by two priucip!
Bank notes under the denomination of five
dollars, and to prevent the same being re
the fractional lots, particularly tin gold minei
— If we fail to make the survey now, no ilia
To do ourselves
ind secondly to do justice to tile In
dia s. lie would In able lo p ove he tlnanlf,
that Georgia bail a sovereign right to survey
the country: nnd tlmt it was our duty to
will In* that exercise it Duly to ourselves, t • the ludi-
ceivetl at the Treasury of this State, after the : can tell w hen it will he made—whether ever
1st day of Dec. 1831. | or not ; null the consequence will he that _
Mr. Rates: To authorise Samuel Buf- j while the people arc kepinut nfihc possession I mis, and to the^people nr the United States
fnigtou of Baldwin county to establish a fer of Ilnur lands, the State will he enjoying the required it. 1 he gold mines, he repeated,
rv across the Oconee River. i benefit of the mi es. Adopt this siihsii-m were an important obj ct to he secured ; hut
Mr. Schley: To amend the penal code of and every mine will he occupied within (if) this was n mere drop in the bucket coinpnr-
this State. days. Let it he arranged that one fmi 'li etl with tin- other. File friends of the hill
Mr. Greene: To repeal the 3 I section of shall ho paid to the State, A the remainder be ‘I'd not wish t > take it up just now, mid lie
nonet passed 22d Dec. 182s), to authorise j kept by the occupier under permit, A men will thought it was noUnutcnid whether it wns
the Inferior < 'ourts of this State to transcribe make fortunes directly, at the expense ol the i taken up nr not.
the records, A so far us it requires the In- people of Georgia ; and before that territory j harm. It
V little delay can do no
true lie wanted it passed in
fermr Courts to let out the transcribing of the is located hv the citizens of Georgia i lie gold j 'be 2:1 work ol the session, and therefore^ ho
records of tlio several courts to the lowest |
bidder.
Mr Hr own : To clmtigo the time of hold- let them nlnnt the substitute,
ing the summer session ol the Superior Court, Mi. RY\N'bought the nlijp
also to change the lime of holding the tail stitnte was ant to reserve the
will he exhausted, lint if it is the pleasure
i of the legislature to reserve the mini s, then
luul intro luced it ut on curly period. But
we have now let the important lime slip—
I As to the substitute, that goes to another pur-
of the sub- pose altogether— 'hat provides for the dispo
sition of the mines- —lie, in making n despo
il:
session of the Inferior Court of AVillo s took the occasion t ' snv that he was ns milch ! sition of them, was perfectly willing to re-
C ounty.
Mr. Ryan presented the following report
which wns rend nnd agreed to: viz:
serve largely—even though it were one
each county. But that can lie done in the
other lull. An umendinciit cun lie ottered
! opposed to reserves ns any man. lie under
stood the object of the substitute to lie the
J immediate possession and protection of the
The joint Committeo on Agriculture nnd 1 mines. Something of this sort was the only ' when that conies up. lie would he willing
Internal Improvement, to whom was referred course hv which tliev could he effectually l ln °fl' r it himself if no other gentleman did.
n resolution from the House of Rcpreseutn-; protected. It is known that the India sure
tires, nstntcling them to enquire into the ex-| seeking every opportunity to occupy the we say w hether we
pediency of creating nod providing for the I mines, nnd wa- shall never get rid of them.— ' the country, that i-
endow meat of a suitable hilildi ig for the re- If we take po*s ssion of all the mines, we
ception of the invalid and indigent poor of ! w ill throw a body of
Bui is for providing to rent them out, before
will take possession of
altogether premature.
Air DOUGIIERt'Y said the question was
tins State, have Imd said resolution under 1 into the country, and thereby break down the
.f good character to luv the (nil nml substitute on tile table for
consideration, and are of opinion that it is
inexpedient nt this time t > legislate on the
subject, and therefore beg leave to be dischar
ged from the further consideration of the
same.
Saturday, Nov. 29.
Mr. Turner laid on the table a resolution
to modify the rule of the House which requir
es two-thirds to suspend the rules, and on
motion to dispense with the rules to take the
same into consideration. The yeas were 79
nays 59.
The following written communication was
brought from the Governor by Mr. Pierce
his Secretary.
Executive Drpaiitmknt, I
November 20, 1839 |
I transmit to both branches of the • ■ n r-
,tl Assembly, copies of a communication re-
power of the Ulierokee government, nod tlio
enable us to sustain our laws, and finally to
obtain the whole of the land.
Mr HOW ARD thought the question pre
sented Iiv the substitute was premature. It
was brought up before we had disposed of
the main question. It was first necessary to
settle the question is to the propriety of ta
king possession. AVe should not go into the
question of the disposition of the mines he
fore the question as to taking possession of
them was settled The object of t e ori
ginal bill is to protect them—lie would, he
said, like to make r 'serves, 'lie would not
care if there was reserved one mine to every
County in the State; the profits of which
should he applied to the establish
schools and the improvement of r
This, lie sa d, w as one of Ins doctriui
the present. An effiiri bad been made some
flat s ago to get this hilljup, and it had ri suited
in failure. Now it is taken up—a substitute
for it is offered, and it is moved to lav both
on the table far the present. Two reasons,
as lie understood it, are urged in support of
this motion First, tlint it will interfere with
the land hill, nnd therefore we should not act
on it now ; nnd secondly, tlmt further time is
wanted for reflection. Lei us, Mr. D said,
examine these reasons nnd see w in liter they
he good ones—In mV humble conception,
said Air. I). this lull can inn in'erfere with
the provisions of the land lull—ns for the
substitute, I have no idea that it w ill lie a-
dopted. I mu opposed to it altogether —and
if contrary to mv expectation, there was any
cut ofj prospect of its succeeding, 1 would vote for
ceived from the War Department, in answer] lie thought the House would not determine to
to n letter requesting of the President the take up tin question nt present, n.d he would
withdrawal of the United States troops from
the territoiy of the Slat" occupied by the
Cherokees. The Legislature will perceive,
in the conduct of the President in this mat
ter, as well as nil others, the disposition to
therefore moveto lav the original lull and the
substitute no the table for the present.
Mr HUDSON said he believed the [Irnisc
was apprise I of the object of 'lie gentleman
from llnldwiii. It was uot to lake up tin
accord io Georgia all her rights. The reino I Lrn |,| „„ lt Wl , s called, until the lie il ill
val of the U. 8. troops from the territory oc
cupied liy the Cherokees, creates an immedi
ate and pressing necessity for the passage
of such laws as may effectually restrain ull
persons from entering into that territory , for
the purpose of taking possession of the pub
lic lands, or the taking valuable minerals
therefrom without license from our State.
GEORGE It. GILMER.
The House then proceed s':! to the stand
ing order of the day for Saturday, which
was the consideration of reports on petitions.
Tin y agreed to the favorable reports on
the petitions of Carlton AVellbnr John lle-
tliiine, Richard E. Sims untl Major John
Sc riven.
They also agreed to tlu> unfavorable re
ports o i the petitions of John AVitherow,
.lames Boggs, David Dickson, and certain
citizens of Riihuu county.
Monday, Nov. 22.
Some time was taken up in llie discussion
shmilil lie disposed of. II" hoped the House
would therefore not listen to Ins silgg tions.
If gentlemen w ho are friendly to the go d bill
wanted time tu iiine i I it, lie would lime no
objection. But lie believed that was not the
object now. It wns merely to postpone it —
IL-bad, lie sail, merely risen lo object to tlmt
course.
Mr. RYAN said lie neenrded with the
gentleman from Baldwin. He had express
ed his (Mr. IPs) ideas, in part, hut not
all of them.—That substitute contains n
new proposition altogether. It embraces a
variety of sections ; nnd no g"iitleina , he > i
thought,could now state w hat their prov sjons n
are. If we act nn the substitute nnd it jeel t'n
it.it will, if he understood the rules < f the they
House, preclude us from acting on any limi
ter contained in it. lie won d therefore not
net hastily—Something must lip d me wi a
the mines. That is evident to every one.—
Even if ire pass the land liifl, nod di-pose of
of n motion to reconsider the Journal of Sal-j llie country hv lottery that cannot b dour
DEDUCT
Thu nnit’imt nf J.fLur-e
mmit*, $10 050 87 1 ti
SoIvpiu note* for money
liGitioJ, Imtided to
n“ont, 0,100 04 1 i?
- v I tft« for him of
li ind* ImuduJ lo u-
770 42
100 •»*’ li.ink lO/Mt) 00
Casii piid into lim Trp'i-
*ui v. 1.490 00
Ci*!» in li*nd* of Sinio
nil ut. 93 70 3 4
$35,341 73 1 a
unlay, so far s relates to tlio passage of tin* i
resolution of Major John Sorivon.
Mr KOIIKIITSON ofloroi! n resolution,j
tlmt tlio Legislature would adjourn sine die i suhstitii!
1 - * ’ ” ' - ’ ” proceed 1 ’ ’
for the
econd time.
sioners above Mncnn, is satisfactory, am
complete; nnd tlmt His Excellency the Gov-! on the 4th December, and would
ernor be, nnd lie is hereby authorized to have ; hereafter to hold afternoon session
the most efficient menus adopted to obtain a purpose nf reading Hills the
complete settlement with the Commissioners
of the Octnulgoc river below Macon, and to duced, and also notice
have such action or actions instituted against of hills,
said Commissioners, or any of them, or tlieirl
officers, or agents, us may be deemed ndvis
aide, for the recovery of such moneys ns they take up the hill to provide for the protection
shall not have accounted for satisfactorily, nf the Gold mines in the uotneated land! ia
. i :.i 1 s
M
1. mo
N
ULL lie sold on the first Tuesday in
ry nfu, ill thf Pt)Ufi*hou> • i i 15 I Iaaci c nu ^
• ' * >f . !**!•
• • •' I. I tr tl.e lM*n«'fit 1*1' lli» I**;.
'*V l,M •'••'111 * Hll gain! M‘(*urtty.
jd R K» I'T'.Ad:
(ITIt f„.
i>.
!m™?«Yi"
AA ill I
*it a *\ ■
Also sixteen hands were received nnd dc-
livered to the Marshal of Milledgcville, he-
sides tools, and sundry articles, which were
turned over to David P. Hitlhousc, Esq. Su
perintendent of Roads. For a more spe
cific neenuot, n reference can lie Imd to
the s ttle: cut made with the Commissioners.
The disbti’seninnls were principally in the
erection of a lock and dam: wages to the
. v a, 'manager, maintenance of the hands while on
'7V the river, and exoenjc.s in ' dent to these on.
and in accordance with the law
Resolved, \r. 'l'ln.I the Commissioners of
tlm Ocinulgec river, below Macon, make re
port. to such iigetitns may he appointed by
the Governor, of the amount expended by
them in the purchase of cotton nnd groceries ;
nt wlmt price each purchase was made ; for
what price each lot or parcel was sold ; by
whom each purchase and sale was made;
what number of Commissioners was present,
when this course was determined on, and
wlmt they were.
Saturday, Nov. 29.
Mr. Spann, front the joint standing com
mittee on the Penitentiary, made a repof,
from the same, 390 copies of which ami res-
ol'ilioos, togetb r with the report of the I
before the first of December next, •some
thing certmnlv must lie done with the mines
in th* meantime, lie wns not hostile to the
Bill lie would act with a cautious
I! Im <1 —a very cautions hand. And he was
, apprehensive that members were not fully
I apprised of the nature of its proviso ns—
Several hills of a local nature were intro- j Mr. R. said he thought he negan to «■. the
for the introduction j object of some gentlemen. It was to make
large reservations, lie-wns, he sai l, oppo
sed to ev. rv thing like n servntio - of the
wealth of llie country. He would eserve
nothing more than enough to cover t c ex
penses of the lottery. And to make r. servo-
tions for this purpose ns small ns possible, lie
had been in favor of fixing n pretty high
price mi grants, because that w ill he paid lit
those who are immediately heneti ' 1 liv tin
GOLD MINES.
Mr. MURRAY moved that the House
this Slate ;—which motion was carried.
Mr. BA NT., offered a substitute for the
bill, providing
1st That persons who shall• work the
Gold Mines contrary to law shall he liable to lottery The 8tnto should not In brought in
punishment it: tSki Penitentiary
2d. Flint persons of good character, on
application to the Gov: rnnr may rev ive per
mits, and the Governor shall direct tracts of
laud to he laid off under these permits, not
to interfere with the planting grounds of the
I odious, which permits shall entitle the per
sons to whom they are granted, to work them
until the Indian title shall have been extin
guished bond nnd security to he given for
the faithful payment to the State of a
part of the mo profit.
debt, in disposing of her public lands. Fllis
was liis prii eiple. As lo tlio land hill lie
wi-lied to he understood as not pledged as
to how he should vote when it came up. IL
did not like the principles oftlic or inn' ' "
and would have voted for any t
it. But still lie was not pledged
ads — laying it on the table is long as any gentle-
But mao may please to propose—even for the re
mainder of the session—Air. I). said he was
utterly ut a loss to conceive how the passage
of this hill could interfi le with the land hill :
because if the laud lull foil altogether, it will
he. indispensably necessary to m ike provision
for the protection of the mines. And if tlio
land lull should pass, prntcclio . of the mines
will he equally indispensable*. Then in any
■■vent it is requisite that sonic lull of tins sort
should lie passed. AVIiy, then, oppose this ?
Yet it is opposed, nnd those who do oppose it
on the ground of interference, fail to point
out the manner in which il will iutcrlcrc.—
Surely there is no reason to he given why it
will interfere, else it would he given. It can
not i■ terfere, for itsouly purpose is to protect
the mines until we get possession of the
country. I' is not proposed to dispose of the
mines nt all.
Mr. I). thought the other reason was not,
a good one. Gentlemen surely could lint now
wish for further time for reflection. Their
o i ds must have been intensely occupied in
consideration nf this subject, even before
line here, lie had refleeli'd much on
it himself; for he looked upon it ns the most
! important mutter nf the session. 'Flic hill had
been reported early m the session, and Imd
i been before the bouse for Weeks. And ns lo
ninendiiicnls, if we postpone it ’till the end
of llie session, then would he still the sumo
objection. Tbe provisions of the substitute
ore simple -so simple that no body can have
any difficulty in understanding them—Here-
Mr. I), reeiled ill These re nil of them,
and e in lie understood, Willi a IiIrI. attention,
just ns well ns if the hill w •• I
rend over a hundred times. AVIiy then have
any further delay about it?—Lei t/s act on it
at once and liav" done with it nnd go home.
Even if we lay it over now, wo will take up
some divorce hill, or some hill to incorporate
some old field school. And thus it will he
day after day, unless we dispose f these im
portant measures at once. \A r e have infor
mation that the troops are lo be • removed,
and we can have no doubt that intruders will
soon he among the mines. Is not this a rea
son why there should he no delay ?—Some
gentlemen appear to think there is sonie trick
in this business. Mr. I). said he knew of
rone. On the subject of r: .-ervarions lie was
sure there was none intended by him. His
view-wen known, lie would not go so far
ns s: on' gentlemen. He wns not willing tlmt
litute for nny county should have i .od < he
vote for q iamb ied as most other np - ropr'f'""«
the hill as it now stands. Bat li went 'lie were. A ct he was opposed to re* rvations of
full extent with those who propo.-i d to pro- them.
teet the gold mines—Mr. 11. e<r chided by Mr. HAA’NES said some g tletnen, it
wilding the motion of the gentleman from ( appeared, were dispnsi d t > mlk out tricks
in this busoicss-t-Tlie gentleman, who intro*
Baldwin