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REPORT ON FLORIDA BOUNDARY.
Mr. IIowakd, fi-om the joint committee
on tho State of the litjpiiOlio tnuda the fol
lowing Report:
Thu .Mint Commit!** on the State of
the Republic, to whom was referred that
part of the Governor’s communication,
which relates to the dividing line between
Georgia nnd the Territory of Florida,
have hail the same under consideration,
together with the accompanying docu
ments—and after «t» attentive examina
tion of fhc subject, Revort—
That the Executive conformably to a ro-
enlution of the last session mused the Re
port then made, to be, laid before t'ongress,
and in further compliance with the re
quest of'the Legislature, opened a corres
pondence with tite President of the United
.States, in which the claims of Georgia to
her legitimate and constitutional hounda
ry were zealously and aldy asserted. The
report made to the Sennte of the United
States, by the judiciary committee, re
commended the postponement of the sub
ject until the ensuing session. That to
the House of Representatives was druwn
to a more definite conclusion, by resolv
ing “ns the opinion of the committee
that in running the boundary line between
Georgia and Florida, the point designated
by the ■commissioners under the third ar
ticle of the treaty of 1795, between the
United State? and Spain, ought to be the
termination of the line from the junction
of the Chnttuhoochie and Flint rivers.”—
Titis Report was not acted upon : the sub
ject consequently is yet to be discussed
and decided. Your Committee reposing
full confidence iri the General Govern
ment, and deeply sensible of the inviola
bility of Georgia’s einim, cannot but ex
press their disappointment that the com
mittee should, upon the evidence before it,
have hesitated to recommend the repeal
of the act of Congress of 1826, or such a
modification of it as would have enabled
the President to empower Commissioners,
in conjunction with this government, to
run and mark the line agreeable to the
rights of the parties—And still more are
they surprised that reasons should have
been sought after, and arguments employ
ed, on which unjust inference agninst our
claim can be sustained. The whole ar
gument used by the Committee charged
with this matter has for its foundation,
and arises out of the mistake of Mr. Elli-
cott and the Spanish Commissioner, in
designating the North branch rs the true
source of the St. Marys. This mistake is
the key-stone of the whole arch ; it is
from this that they suy the North prong
was called St. Marys, and ought to lie so
considered ; it is this that led them into
tiie error of declaring that the Commis
sioners of the two governments were ap
pointed to settle and decide a contested
question of boundary, and because this
mistake was not detected before the line
was uhout to be run, the acquiescence
of Georgia is presumed and urged as an
argument against her claim.
It is a fact admitted by all parties, and
which forms the very essence of this con
troversy, that the line between the Chatn-
hoochieaud Flint Rivers, and the head of
St. Alary’s river, was neither traced nor
marked by the Commissioners appointed
under the third article of the Treaty with
Spain. From that article they derived
tlieir powers, and by a reference to it, it
will appear that they were not plenipo
tentiaries, but merely ministerial agents
ncitng under orders, to run anti mark the
line according to the stipulations of the 2d
article of the Treaty, which is in the fol
lowing words— 11 The Southern Boundary
of the United States, which divides their
territory from the Spanish Colonies of
East and West Florida, shall be desig
rated by a line beginning on the river
Mississippi, at the northernmost part of
the 31st degree of latitude north of the c-
qutitor, which from thence shall he drawn
due East to the middle of the river Apa
lachicola or Chntahoochie—thence along
the middle thereof to its junction with the
Flint—thence straight to the bead of St
Marys river, and thence down the middle
thereof to the Atlantic Ocean.” From
the Mississippi to the Chntahoochie they
executed their commission according to
the stipulations of the Treaty—The re
maining part of the duty assigned them,
they neglected to perform ; and whatever
agreement they may have made by virtue
of the powers invested in the third article,
cannot he reasonably insisted upon ns au
thority for varying the true line: as the ar
ticle, in its most enlarged construction,
does not -extend so far as to justify the.
running of the line in any other direction,
or from and to any other points, than
those designated in the 2d article. The
point of departure and the terminating
point are both fixed by the 2.1 article, and
it is provided in the 3d, specially, that the
commissioners should run and mark from
and to those point*—The points referred
to tire, from the junction of the Chntahoo
chie ami Flint rivers to the head of the
St. Marys river—and not to mound A or
mound B, or to any otlier indefinite place
to be fixed noon at the Commissioners’
discretion. As the proceedings of those
Commissioners present the only difficulty,
your Committee beg leave tocite the whole
article under which they acted, to wit—
“In order to carry tho preceding article
into effect, one Commissioner and one
Surveyor shall he appointed by each of
the contracting parties, who shall meet at
the Natches, on tho left side of the river
Mississippi, before the expiration of six
months from the ratification of this con
vention ; and they shall proceed to run
and mark this Boundary according to
the stipulations of said article-- they shall
make plats, and keep journals of their pro
ceedings, which ahull be considered as
part of this convention, and shall have the
same force as if they were inserted there
in.” It is charitable to presume that the
Judiciary Committee did not examine mi
nutely the provisions of this article, or
they would not have exposed their judg
“meat to impeachment by asserting, (bat
“ the Commissioners of the two Govern
ments were appointed to settle and decide a
contested question of Boundary.”
There is no discretion conferred in this
article. If their plats and journals were
to have the same force as the convention,
they were nevertheless obliged to be in ac
cordance -with its stipulation. If, there
fore, Mr. Eilicott,agreed, ns is insisted up
on, that one. mile north of mound U should
be ns fur south as die line when run should
approach, it is very palpable that he ex
ceeded his authority, even though he may
have' made a plat of mound B, end jour
nalised the agreement. He was not sent
thereto make an agreement defining a
point to which the line should lie run at
some future time ; hut to run and mark
the line between points already described.
If permitted to vary the stipulation of the
Treaty, he could with as much propriety
and equal justice, have fixed upon a point
fifty miles further in tho interior of* Geor
gia. The question is, did the Spanish and
American Commissioners run and mark
the linn from tho junction of the Cliatta-
hnochio and Flint rivers to the head of the
St. Marys river, us they were directed t>
<io? No: they ran no line at all between
those points! Whitt did they d<Ml They
agreed that the line should he run at some
fiuturo time, and by some other persons
to a certain otlier point different front that
fixed by the Treaty !! I The Committee,
who have claimed titis extraordinary pow
or for the Commissioners, place them
selves ill an inextricable dilemma, ns they
not only consider themselves authorised to
overturn the Treaty they were appointed
to carry into elfect—but likewise, assume
for them the right to bargain away the soil
and sovereignty of a sovereign State, wbo
could not under her obligations to the
Union, interfere in settling the boundaries
of the United States, though on thnt tine
of it she was more immediately concerned
than all her'sistor states together. So far
from those Commissioners being justified
in the exercise of the power which they
arropnted—your Committee, next to the
loss of the liberties of their own Stale,
would regret to see the time, whin the
government of the United States sliouhl
become so forgetful of the limitations ot
her prerogatives, as to assume the power
of ratifying a treaty with any foreign no
tion, by which the least portion of the soil
of a state should be taken from her with
out her consent.
The United States is bound by the Con
stitution to protect us from invasion—Up
on the supposition then, that the line had
been run and marked agreenblo to the re
port of the Spanish Commissioners, and
had been sanctioned by the government,
by a ratification of the treaty, it would
have imposed upon her tho disagreeable
alternative of breaking tire treaty witli
Spain, or abandoning iter ohligationsto tho
confederacy. If Florida were yet a Span
ish Provice, Georgia would have a right
to require the United States to perform
her sacred engagements, by driving from
onr soil the Spaniard who invaded it.—
“ To provide for the common defence,” is
one of the principal objects of our po
litical association; and could the United
States humiliate themselves upon our ap
plication to have our soil and onr sove
reignty restored to us by pleading that they
had ceded it to Spain, and therefore could
not interfere—Such a disregard of her ob
ligations would l:e productive of the worst
ot consequences, ns it would destroy nil
confidence in the protection of the Consti
tution. It is not expected, now that the
Federal Government is the proprietor of
Florida, that it can he unmindful of the
declaration in the Constitution, that “ no
new state shall be formed or erected with
in the jurisdiction of any other state, nor
any slate be formed by the junction of two
or more states, or parts of states, without
the consent of the legislatures of the states
concerned.” Has the legislature of Geor
gia ever given her ussent in any manner,
that, that portion of the state should he
detached and set apart to assist in tho for
mation of another State? The foregoing
allusion to the obligations of the General
Government to the States, we have thought
it advisable to make, because it does
not appear from the report made to the
house of representatives that the commit
tee themselves consider Ellicott’s mound
to be the head of St. Marys, but they say it
‘ought to be so considered,because Elli-
cott and the Spanish Commissioner agreed
thnt it should he so, and that the Georgia
Commissioners in 1811), concurred in the
designation ; from which circumstances
it had the reputation of being the head
of St. Marys; anil because of that repu
tntion, it should be considered the true
head or source of the St. Marys’—This
though not precisely their language, is the
amount of their argument.—Your Com
mittee conceiving that they have most
conclusively proven that the Atnericun
and Spanish Commissioners have acted
extra-ofiicially in making mounds and a-
greetnents not provided tor by the Treaty,
any reputntion of names inferred from
those acts, is too vague to require serious
examination.
In regard to the acquiesenee of Georgia,
the facts cited in the report to Congress,
prove that the authorities of the State
were deceived. If Georgia had consider
ed the act of the United States and Spain
as decisive arid final, she would not have
deputed commissioners to have made an
examination. The very deputation shows
that she conceived, as must be admitted
that she had a right to he heard in settling
her own boundary. She did not though
send those Commissioners to make a final
settlement of her boundary. She could
only confer such power when the United
States was ready to join her in the com
mission. They were sent merely upon
an exploring tour, for the satisfaction of
the State, on a disputed point. The Unit
ed States were under no obligation to abide
by the opinion formed—How then can the
United States, upon any principle of re
ciprocity, contend that Georgia should he
forestalled by ntt opinion as to an isolated
fact, to which they held themselves free
to agree or disagree ? The acquiescence
of Georgia, in the extent to which it has
been given, only proves that she was then,
as sho is now, and ever will be, while she
respects the fights of others as she does
Iter own, willing to be governed in the
running of thut line by the true points.
She desired then no more than she believ
ed to be her right; and from the evidence
then in her possession, she supposed the
point fixed upon by Eilicott, was the true
point. She contends now for no more thnn
later developeinents iucouiestibjy prove
to be her own.
Your Committee feel nutlyfiriscd by the
facts, to deny that Georgia has ever ac
quiesced so far as to agree that the line
should be run to Ellicott’s mound ; there
has been no definite act of' the State by
which the mutter has been settled, or con
sidered settled, by either party. It is true
her Commissioners believed that the mound
was at the source of the river, upon whose
information the Governor’s opinion was
then predicated, all of which was mainly
owing to the confidence reposed in the
previous examinations of Air. Eilicott.—
They were not however, associated with
Commissioners of the U. S. to settle the
boundary—they were acting merely ex-
purte in the seurch of information, whose
report, if correct.- would not have bound
the United States, and if erroneous, cun-
not hind Georgia : neither this nor any
other net conclude either party, because
the parties never have acted in conjuncti
on, consequently the true head of the S'.
Mary’s has always been debatable, and
from the limited information as to the to
pography of the country, it was obliged
to remain so, until Commissioners were
tluly appointed hy the pnrtiek to run and
mark the line. The argument of the
Committee, that the North prang was
called the St. Mary’s, and therefor* “ in
tended in the several state papers above
recited,” to which they attach the greatest
importance, Is based upon the same mistake
of their own agent; for from the evidence
adduced by them, it nppenrs that Eilicott
was the first who guve it the name of St.
Alary's in exclusion of the other hrnnehes ;
and hy an assumption of their own, they
deprive the Southern branch of a partici
pation in tho rights of a name. This ar
gument cannot avail even upon the prin
ciple which they were forced to admit in
tlieir illustration,until a name for the South
prong different from St. Alary’e, shall have
been established, and thnt too known to the
King of Great Britain, when the boundary
of Georgia was described ; ns it is clear
by the Commission to Gov. NVright, thnt it
wns intended hy the Royal Government
to extend the Eastern boundary of Geor
gia to the most Southern stream of St. Mn-
ry’s, ami thence to the head thereof. The
river took its name at the disemhoguement
—of course, all streams coming in on the
South were Southern streams oft hat river;
to the head of tho most Southern stream
a the point at which the Eastern line de
tenuities; for it is in a subsequent clause
lint the Southern boundary is described
o bo “ thence Westward as far as our
Territories extend hy the North boundary
ine of our Provinces of East and West
Florida.”
By this commission, all previous boun-
larics of Georgia were revoked and deter
mined. To this thou, we are to look for
tr geographical limits, and fortunately
for us in this exigency, it describes that
stream of the St. Alarys to he, the bend or
source for which we are now contending,
with an accuracy that can no longer be
misunderstood. It is probable that the
course of tho river was not accurately
known ; from which it is inferred, that it
was the intention of the Royal Commis
sion that Georgia should extend as far
South tiN the mo.il Soitlhern stream, and to
the head thereof, or thnt part of the des
cription would not linve been incorporated
ti the Eastern boundary. It is reusonalile
to believe that this identical stream wits
meant, and not the stream at the disem
hoguement, which wns between Amelia
Island and the main, which is one of the
mouths of the St. Marys. It could not
have applied to that, ns both the Provin
ces of Georgia and Florida were at that
tiuio under the same regal government,
and Amelia wns not then, nor has it at any
time since been considered as belonging
to Georgia. If then it did not mean the
Southern stream at the mouth of the river,
it must huve meant] the Southern strenm
tighcr up the river. It is from this char
ter that our Legislature conceived them
selves authorised in 1783, to ileclnre our
boundary to be “from the fork of the Apa-
Yicola, where the Chatiahoochio and
Flint rivers meet, in a direct line to the
head or source of the Southernmost strenm
of the St. Marys river, and along the course
of said river to the Atlantic Ocean’'
Which furnishes additional evidence that
tho South prong was known ot that day, to
be the head of the river. If the Southern
stream were not ascertained to lend to tits
tource of the river, there would he more
plausibility in the entertainment of differ
ent opinions upon the subject: ns in that
event, the boundary acknowledged by
Great Britain in the Treaty of ’82, and
provided for ns hy the Treaty with Spain
in ’95, would vary from that described by
the regal commission of’6-1, and our net
of ’83—But when all these documents
agree that the head of the St. Alarys is one
of the points by which the boundary was
to lie regulated, and the rights conveyed
in the charter of Florida are not violated—
does it not require a tenacity of opinion,
approaching obstinacy in error; to insist
upon a deviation ? It is not expected that
Congress will be led by sophistry to the
support, of on erroneous claim. These
questions then result—If the line were ttt
he run to the point agreed upon by the
Commissioners, under the 3d article of the
Treaty with Spain, would it run according
to the boundary described for us in our old
Charter ? According to the boundary
which is secured to us in the definitive
treaty of peace with Great Britain ? Which
is provided for us in the treaty of ’95, with
the Spanish Government ? which our act
of’83 recognises? And more than all
which our Constitution consecrntes?
Your Committee cannot believo that
when the subject is fully investigated by
Congress, that the Federal government
will be so unmindful of justice and her
obligations to one of the confederacy, even
upon the hypothesis that she could suc
ceed, as to claim an advantage which is
derived solely from the negligence and er
ror of Iter own agent—They therefore heg
leave to recommend the following resolu
tions:
Resolved, That it is desirable to tho Slate
of Georgia, to have the Boundary Line
between her and Florida, run and marked
as speedily as will meet the convenience
of the United States.
Resolved,. As the act of Congress of 14th
May, 1826, providing for the running and
marking that line, requires it to be run and
marked to the point designated as the head
of St. Marys, hy the Commissioners, ap
pointed under the third article of the trea
ty of friendship, limits and navigation be
tween the United States and Spain of 27th
Oct. 1795; and as that line is nor, in the
opinion of Georgia, the true boundary,
that Congress he earnestly requested at
the present session, to repeal the aforesaid
act, and to pass another, authorising the
line to lie run and marked according to the
provisions of the 2d article of said Treaty
Resolved, That should Congress refuse
to tnake'“'iny provision for running the
aforesaid line in conjunction witli tlje au
thorities of Georgia, that the Governor be
authorised and requested to appoint Com
missioners, to he accompanied with a com
petent Surveyor and Artist, to run and
mark the line according to the stipulations
contained in the 2d article of the Treaty
between the United Suites and Spain, id
the 27th October, 1795.
Resolved, That the Governor be request
ed to forward a copy to our Senators and
Representatives in Congress, to be by them
laid before the 9enalo and House of Re
presentatives of the Congress of the Uni
ted State-s.
GKOKtrlA LEGISliATUKK
IN SENATE.
Fatoxv, Dec. 12.
On motion of Mr. Groves, the Senate
recotiM lered so much of the Journal of
yeeterduy as relates to the agreement of
Senate to the report of the committee on
Agriculture and Internal Improvement,
on the report of the Commissioner* of the
Oconee Navigation Company.
BILLS PASSED.
The bill from the Hotiso of Represen
tatives for the relief of Edmund Glascock
and John Turpin, securities of Thomas
Handley, Tax Collector of Richmond
county,
To incorporate all religions denomina
tions in this State, and exempt from taxa
tion all lands whereon churches are, or
may ho erected.
To amend the additional onth required
by law to be taken hy all officers, civil and
military, to prevent the offence of duel-
ing.
BILLS REJECTED.
To authorise Justices of the Inferior
conrtB throughout this State, to remit
fines and forfeitures where judgment is
had thereon.
To vest in Stephen M. Ingersoll & Co.
their heirs and assigns, the right to erect
a Bridge across the Chattahoochee river.
For the relief of Edward II. Hall.
't’o remove intruders on lands returned
as fraudulent.
Satuko it, Dec. 13.
BILLS PASSED.
To allow indulgence to renters of frac
tions in the late acquired territory.
To provide for the better disbursement
and application of the Poor School fund,
and to point out tho mode of accounting
for tho disbursement* of the Academy
and Poor School funds.
To repeal nn act to aede jurisdiction
over lands acquired hy the United States,
for the purpose of erecting fortifications
in this State, passed20th Dec. 1808.
To increase the punishment in all cases
of Penitentiary confinement, and to alter
the punishment inflicted upon free per
sons of color for the inveigling of slaves.
To authorise the appointment of Com
missioners to take acknowledgment of
deeds, &c. in other States.
To authorise the Governor to issue a
Grant to the Alethodist church to a lot in
the town of Columbus, for religious pur
poses
To fix the times of holding the Superior
courts of the Northern circuit.
Mo.mi »v, Dec. 15.
BILLS PASSED.
To authorise the Inferior court of New
ton county to convey to the Trustee* of
Newton county Academy at Covington,
a part of the land heretofore purchased
for coun'y purposes, for the purpose of
erecting an academic edifice thereon.
To survey and dispose of all the unsold
islands in the Ocmulgee river, adjoining
the counties of Monroe and Jones.
To alter and change the times of hold
ing the land courts in the several counties
in this State.
To authorise certain Commissioners to
raise by lottery $5000, for tho purpose of
building a court-house, jail, and an acade
my for Scriven county.
To define the Military powers of the
Governor of this State, and to authorise
the appointment of a staff" to the Cotn-
mander-in-Chief.
To grant to Jonathan Thomas and his
associates, the right of cutting a canal
from the Altnmaha to Sapelo river, with
certain privileges.
To change the time of holding the Su
perior courts in the Chattahoochee circuit,
and to fix the time of holding the Inferi
or courts in the counties of Randolph and
Campbell, and to provide for the organi
zation of the couuties of Lee, Randolph,
and Campbell.
The following hills of the House of
Representatives were also passed, viz:
To change the time of holding the In
ferior courts of Oglethorpe county.
To authorise the Trustees of the Aladi-
I son county Academy to raise by lottery
$500, for the benefit of said Academy.
To abolish the right of survivorship in
joint tennnts in this State.
To amend the road laws of Chatham
county.
To carry into effect the petition of John
J. Groves and Elizabeth Hand, Guardi
ans.
BILLS REJECTED.
To authorise the Justices of the Inferior
court of DeKalh county to remit certain
forfeitures.
For the relief of John Stewart of Ogle
thorpe county.
To amend the miljtin nnd patrol laws of
this State—Yeas 21—Nays 39.
To prescribe the duty of the compiler
of the laws and resolutions, passed by the
General Assembly of this State siuce the
year 1819.
Tuesday, Dec. 16.
The Senate took up the resolution of
fered hy Mr. IVilson, refering the Peniten
tiary system to the people for an expres
sion of theiropinion upon its continuance,
and on agreeing thereto, the Yeas were
35—Nays 34—The President of Sennte
voting in the negative, the resolution was
disagreed to.
The Senate took tip the bill from the
House of Representatives to establish h
Bank at Alilletlgeville, to he called and
known by the name and style of the Cen
tral Bank of Georgia—to appropriate mo
neys, Bank stock, and other securities, to
form tiie enpitai stock of «aid Bank, and
to incorjiorute the snme.
Mr. Cranford of Columbia, moved to
strike out' the following words in the 2d
section, viz:—“the shares owned hy the
“State iu the Bank of Augusta, in tho
“ Planter’s Bunk, in the Bank of the State
“ of Georgia, and in the Bank of Darien.”
On this question the Yeus were 34- Nays
37.
On motion of Mr. Crawford of Colum
bia, to add, after the words, “ and all oth-
“er debts and nioueys at any time due
•“■the State,” the words, “and theState-
“ House, the Arsenal, Arms, Penitentiary
“establishment,nnd Cherokee lands when
“obtained”—The Yeas were 4—Nays 64.
On motion of Air. Crawford of Colum
bia lo strike out in the 3d section of the
report, “and all its dividends arising from
*■ stock in other Bunks”—Yeus 32—Nays
38.
Mr. Branham moved to strikeout in the
4th section the word “ three,” before Di
rectors,
Yeas 33
i y y »#vv\*
i, and insert five in lieu thereof—
Nay* 36.
The 5th section lining under considera
tion, Air. Janet moved to strike out “ fifty
thousand dollars,” as the amount of the
Bond to be given bv Directors, and insert
n lieu t hereof one hundred thousand dol
lars, which motion prevailed—Yeas 45—
Nays 25.
The 11th section being under conside
ration, Mr. Branham proposed to add, af
ter the concluding word thereof, the words
and neither the Governor, for the time
‘ being, or any member of the present or
‘future Legislature, shall be entitled to
“ credit in said Bank, either hs principal or
“ indorsor,” anil on agreeing thereto, the
Yens were 30—Nays 41.
The 12th section being read, Mr. Craw
ford of Columbia proposed to strike out
he words, “ its capital” nnd insert the
words, its specie, and notes of specie paying
Banks, in its vaults. On agreeing thereto,
the Yeas were 33 -Nays 36.
The 17th section being under conside
ration, Air. Owens proposed to strike out
the words, “ that a general statement of
“ the transactions of said Bank,” and in
sert the following—and that a minute and
detailed statement of the transactions of said
Bank, including the names of the dthtors of
said Bank, and the amount that each is in
debted—nnd on motion to agree thereto,
it was determined in tho negative—Yeus
35—Nays 36.
convicts in the Penitentiary ar,t r
better regulation of the same „[* t?,e
add.ng to, and amending the ftnlK**- for
building, and appropriating „; 0 ®"' ,e "' lnr 7
same- Yeas 66 -Nay? 58. * for
The House passed tho bill n,.a .
it to be sent forthwith to the S^ dBr ®*
dmg the territory within Hie lirnhsofm'
State, and occupied by tbe C&e
(bans, to the counties of Cnrrol tv u w*
Gwinnett, Hall, nnd Habersham l**’
tending the laws of this S.„, d **'
same ; and for tbe purpose of Lf V * r
tho Indians residing therein nf. 0 ^ 10
June, 1830, t.he enjoyment of’civiTLui'
bili.s passed.’ Dw ' 15
HmJ.7,15 t&’* 4 'iwu.
To appropriate moneys for the
of Government for the year 1829 Upp< ”
To change the manner of appoint!,,
officers and agents of the Pcniim ,• *
and to establish the salary of the PhY’
cinn thereof. ‘v 11 *
To regulate the time of holding the a,
pertor courts of the Eastern circuit
fur ns respects Effingham and Chatham
or the relief John Hale. nan '
To authorise the Governor to !»<.„. ,
Vincent A. Pratt of WarretlItZ l
grant f.r a certain undrawn lot of land
in tlm 1st district Aludeogee county ’
To amend the 1st section of aii'act
The report having been taken up by
sections, amended nnd agreed to, the hill
was read the third time and passed—Yeus
39- Nays 32.
YE X -i—Messrs. Alexander, Andersen, Biid,
Blair, Brown of Decatur, Bryan, Cochran. C..I-
lina, Crawford of Hancock, Hazard, Fulwood,
Grovel, ll.tll, Handier, Hendrick, Holloway,
Knight, Marlin, Mr.Tyre, Mtddey, Munroe, Phil
lip* "f Jainer, Phillip* of Walton, Porter, l’oaey
Powell of fta'iun, Hemiuii. Scarliorongli, Sellers,
9<*nlell, Sliaw. 3ledge, Swain, Tennille, W il*on t
Williams ol Baldwin, Williams of Bullock, Win,,
berly of Twiggs, Worthy
NAYS—Messrs. Baidc, Branham, Brown of
Camilen, Burtoa, Clower, Crawlord of Colum
bia, Harlow, Hines, Janes, Jourdan, Leonard,
Luckie, Mr.Crinimon. McDougald, Muncrit l, Ow
ena, Powell of McIntosh, Kay, Reeves, It igers,
9carleit, Sheffield, Smith, Spann, Tail, Tillman.
Thomas of Anpling, Thomas of Clark, Wells
Wnuberlyof Houston, Woolfolk, Woolen.
BILLS PASSED.
To appoint Commissioners to select n
site for the public buildings for the county
of Alarion, nnd to make permanent the
same.
To niter in part an act in relation to the
public roads in Camden county.
To reduce the amount of the Sheriffs
bonds in this State, so fur as respects the
county of Dooly.
To repeal the act creating the office of
Topographical nnd Civil Engineer.
For incorporating the Presbyterian and
Baptist Church in Greensboro’.
To authorise tho Clerk of the Inferior
court of Columbia county to advertise es-
tray sales in tbe Constitutionalist.
To amend tbe act regulating the Gene
ral Elections in this State, so far ns res
pects the county of Habersham.
To ntnend the act establishing district
elections in the counties of Telfair, Early,
and Appling, so far as respects the county
of Telfair.
To regulate district flections in the
counties of Walton, Fayette, Pike, Cowe
ta, and Hall, and to punish those who may
attempt to defeat the same.
To authorise the Trustees of the Law-
renceville Academy in Gwinnett, to raise
hy lottery $5000, for the benefit of said
Academy.
To change the names of certain per
sons therein name.!, ami to legitimatize the
same.
HOUSE OF REPRESENTATIVES.
Fat pay, Dec. 12.
On motion of Mr. Gordon, the House
reconsidered so much of the Journal of
yesterday as relates to the rejection of the
bill to enable feme covens who drew land
in the late land lottery, on account of their
husbands heing absent from the Slate, to
sell and convey tbe same in the same man
ner as feme sole.
Tbe House went into committee of tbe
whole, Air. Billups in tbe chair, on tbe
bill for changing the manner of punish
ing convicts in the Penitentiary, and for
the better regulation of the same—and
also for adding to and amending the Peni
tentiary building, & appropriating money
for tho same. The hill was reported to
the House with amendments—It was ta
ken up by sections—the first Bection being
rend as follows, to wit:
“ Be it enacted, &c. that it shall he the
“ duty of the Principal Keeper of the Pe-
“ nitentiary, under the direction nnd su-
" perintendanco of the Inspectors, to cause
“ to he erected, ns soon ns practicable nf-
“ ter the pnssage of this net, in the Pe
nitentiary building, 125 cells, situated
“ for the reception of»one convict each ;”
Air. Bates moved to strike out said first
section, on which motion the yeas were
59—nays GO. So the House refused to
strike out.
The 4th section heing then rend as fol
lows, to wit: “ Be it enacted, &,c. that
“the sum of $15,000 be, and the same is
“ hereby appropriated for the purpose of
“ effecting such alterations in, or additions
“ to the Penitentiary buildings as are re-
“ quired in this act.”
Air. Jourdan moved to strike out said
section, which motion was negatived —
Yens 58—Nays 59.
The report of the committee of the
whole was then agreed to—the bill was
then read the. third time and negatived by
the House—YeasGO—Nays 61.
Yeas -Messrs. B iker, Rill.ip* Bkickwelj, Bunn.
Burnell, Bynn, Carter, Cnrtledge, Coue, Crawford
of Col., Crawford of Jasper, Curry of Denatur,
Davis of Morgan, Devereux, Douttlierty of Troup,
Dye, Gordon, Hamilton, Hardman, Hatcher,
Holmes, Holt of Clark, Holt of-Putnam, How*
ard of Baldwin, Iverson, Janes, Jones of Liberty,
Jones oi Morgan, Jones of Warren, Kellum, Kvlii,
Litniar, Lam kin, Long of Madison, McLendon,
Meronev, Millen, Moore, Myers, Nisliet. Oliver,
Perry, Phillip*, Rea, Render, Rhodes, Ryan,
Shaw, Simmons of Monroe, Smith, Stapleton,
Thomas, 1 home son, Townsend Waldhnuer, Wal
ker, Warren, VVilliuius of Marion, Wils.,n, Wor
sham
Nays Messrs. Aikin, Alston, Ash, Rtoon,
Bark, sdiil.*,Kites,Boring, 8 men, Brooke, Brown,
Burn**, Cleveland, Curry of Lin. Davis of Ware,
Itixon,Durham, Easley, Echols, Faris, Flewellon,
Floyd, Fountain, Freeman o! ( Franklin, Free
man of Oglethorpe, Gray, Greene, Gross, Hagan
Haynes, Herring, Hicklin, Howard of Baker
Hull, Irwin, Johnson, Jourdan, Long of Wash
ingtnn, Lovall, M ir in, Mays, Mo’rtae, Nnr;h
Norihern, Park , Rawls, Rolis.ni, Russell, Saffolil
Simmons of IV tlkinson, Stewart, Sin g»*. Sfiivvoii
cy, Towles, Taylor, Tyson, Warner, Wbelchel,
Wilcox, tVitliamsof Hmiht m, t\ ilns, tveiford
Saturday, Doe. 13.
On motion of Me.Nesbit, the House re
considered so much of the Journal of yes
terday as relate* to the rejection of the
hill lor changing the manner of punishing
mending the estrny laws, so f« r «s to n .
thorise and compel the Clerks of the i„'
fenor court of Wilkes county, lo Ij
tise in the Washington News. cr
To amend the net granting certain now
ers to the Commissioners of Pilot R .. e J
for further jireventing the obstruction* of
the Savannah river. ‘
To authorise and provide for the Guild
ing ofan Arsenal in the city of Savannah'
1 o authorise I)Hvid Terrell to erect «
Mill-Dam across Flint river, in the county
of Crawford, on his own lund, upon cer.
tain conditions.
To authorise Justices of the Inferior
court in the several count ies of this Stole
when sitting ns a court of Ordinary to
exempt Executors, Administrators,
from milking returns in certain cases.
To reduce the amount of the Sheriffs
bonds in Marion county.
To authorise the Inferior court of Jef.
ferson county to levy nu extra tax fur the
purpose of building a Jail for said county.
To provide for giving possession to the
purchasers of the States interest in lands
sold in pursuance of un act passed !«d
Dec. 1827.
BILLS REJECTED.
To provide for the compensation of
Grnnd and Petit Jurors in the SKVeralccun-
ties in this Stats—Yeas 42—Nays 53.
To appropriate mnnny for the improve-
tnent of the Great Sr. Ilia river.
To appropriate money to improve the
navigation of the Chattahoochee below
the falls.
Tocompel persons contracting, by them
selves or their agents for Cotton, to tike
the same after it slinll have been deliveied
at any Ware-house by direction of the pur
chaser, and to point out the manner of ap
pointing agents for the purchase of Coiiun.
Tuesday, Dec. 1G.
RILLS PASSED.
To protect the frontier Rnttlomonts of
this State, from the intrusion nf the Indi
ans of the Creek Nation.
To amend part of the 11th nod 2ht
soctions of the militia laws. «« »» to f«r-
tnit the Company officers to uniform in
Homespun, and to alter the present mode
of notifying defaulting officers to courts of
enquiry.
To incorporate the Justices of tin; Infe
rior court of Richmond county, to en
able them to hold slaves and oilier pro
perty, for the purpose of performing work
on the public roads in said county, &'!•
To authorise the Governor to issue a
Grant to Alien R. Stephens for a certain
fraction.
For the improv-ment of the Public
Ronds in this State.
To lav off* nnd add part of the county
of Houston to the county of Pulaski.
To explain nnd render more certain the
provisions of the 2d section of the art
more effectually securing the probata of
wills, limiting the time for Executors to
qualify, &c.
To amend so much of the Judiciary
of 1799, ns relates to affidavits of illegali
ty.
To grant relief to the purclianarsoftown
lots in the town of Macon, nnd to the pur*
chasers of four acre lots near said town,
so faras to extend tho time of payment.
For the relief of purchasers of frsctc
ons, lots anti islands, in the late sales ot
fractions; and for tite relief of fittrch''
sers of the State’.* interest in land* which
have been condemned ns fraudulently
drawn.
Wednesdat, Dec. !/•
On motion of Air. Howard oi Baldwin-
the House reconsidered the hill provulta;'
for the improvement, of the public roads in
thie Statu—Yens 63—Nays 59.
BILLS PASSED.
To authorise and require the Jndar
Richmond county, not to receive de 111
into the Jail of said county, and ,or ° 1
purposes. ,.
To amend the net more effectual 1 ^
quiet and protect the poasesaiatt ° Pj
sonnl property, nnd to proven! *ak m « “
session thereof hy fraud of violence, |
sed 25tb December, 1821. ......
To authorise ni.d require Atom
tors de bonis non. nnd the estate* ''
ceased Adrnistrntnrs to be hrortg ■
scire facias, and made drfendan B-- ■
to prescribe the mode of cflbcttng ■
of orders of court taken ngam st .
tors, &c. who r.re alleged t0 i'?. ..Ma
naging ho estates they respectful y
sunt t ■.. Aafi
To provide for taking the cwj«
tnin counties in this State—and to . j r
ise the Governor to pay said cc' 1 ''
distributive share of the Poor Soli
Bills of Senate, passed, viz: 0 f
The hill to add n part of tbe £
Hancock to tho county of * a .' ffir
To establish election distr ,ct
county of Talbot. . §„*<--
To alter the tima of holding 1
rior and Inferior courts ot the coui-J
Baldwin.
To repeal thn net ceding .1 ,
over lands acqv.ifed by •*"’ “l" -fleatiou’
forth* purpose of erediim b»
in this State, pas ted in i"
To incorpdrn’re Bmitlivw® (;, r tii-
Karly coun» y, t n «|ij>oiMt Tni f ti ,
snme, and to make vslhl 1110
Comminsibnei s. .. ,t,r Ale -
To estnblis'o nnd incorpora
cal Academy,/ of tlcorgift-