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code. The 3th section of the 4th division of the
Code is in thesejwords: “Voluntary manslaughter
shall he punished by confinement and hard labor
in the Penitentiary for a term not less than two
years nor longer than four years.” There aie
doubtless many cases of voluntary manslaughter
committed by persons of extreme youth, or attend
ed by other extenuating circumstances, for the pun
ishment of which, two years imprisonment is suffi
cient. It may often happen, however, from the
ingenuitv of counsel, the creation of s} mpatliy on
account of the long standing of a case, and from
other causes, that persons guilty ol deliberate mur
der, are convicted only of voluntary manslaughter.
The Judge who presides in the case may be fully
satisfied that such is the fact, but lie has no power
to impose a heavier penalty than that of tour years
imprisonment. The community feel that the pun
ishment is inadequate, but there is no remedy, as
the Court has gone to the extent of the law. If we
would suppress crime and bloodshed in our State,
we must execute the criminal laws, aud discard that
sickly sentimentality, which always sympathises
with the criminal, but has no tear to shed over the
unfortunate victim of his revenge. I recommend
t hat the section of the penal code above referred to,
be so amended as to enlarge the discretion given
to the presiding Judge, in cases of Voluntary Man
slaughter, committed after the passage of the act,
so that the punishment shall not be less than two,
nor longer than twenty years, imprisonment and
labor in the Penitentiary. I also recommend such
alteration in the law as will, compel persons
accused of criminal oficnees to trial at the earliest
period, when a fair and impartial investigation can
be bad. As the law now stands, and is constructed
by our Courts, the worst cases are often worn out
by continuances, from term to term, till some of the
witnesses die, or remove from the State, and oth
ers are almost impoverished by long attendance
upon the court. After years of delay should it
happen, as it frequently does, that the witnesses are
out of the way, and the community have become
careless about the case the accused is then ready
for trial. Iu this way many of the most bloodthirsty
and abandoned criminals in the State, are permit
ted to escape, often with very light, and sonic times
with no punislii ie*nt at all. If the defendant and
his counsel will exercise ordinary diligence in the
preparation of the case, I am satisfied, from years
of experience at the bar and upon the bench, that
no reason exists why a trial should be delayed in
any ease, longer than the second term after the
finding of the bill of indictment, unless it he forvery
special Providential cause.
The Constitution of Georgia provides that all
criminal cases “shall be tried in the county where
the crime was committed.” Since the State has
been cut into small counties it may often happen
in the most atrocious cases of murder, that a pub
lic investigation may be had, before the committing
magistrate, or on a first trial before the Superior
Court, which from some cause may not be final, in
which, on account of the excitement in the commu
nity the evidence may he detailed in the hearing
of nearly all the citizens of the county, subject to
do jury duty, and at a subsequent term of the
court, it may therefore be impossible, to get a jury
in the county, competent to try the case, and the
criminal on that account may escape c ictioi:
and punishment. In view of the happening of
such a contingency, I would roost respectfully
suggest an alteration of the constitution, so as to
authorize the presiding Judge, in such cases, when
in his opinion the ends of justice require it, to
change the venue and order that tiie case be trims
ferred to, and tried in any adjoining county which
he may designate; the county where the crime was
committed to bear tlie expense of tlie trial, should it
fall upon the county.
TAX LAWS.
I beg leave to invite your attention to tlie sug
gestions contained in the able reportmf the 'Comp
troller General, pointing out certain defects in our
present tax laws, and proposing important amend
ments ; also to valuable and interesting statistical
information appended to the Report. By examin
ation of this report it wiil be seen that the present
tax on bank agencies, of other States, located in
this State, is less than the tax on bank capital in
in this State. This is a discrimination against our
own banks, which is unjust and requires further
legislation. If any discrimination between those
agencies and our own banks is made it should
be in favor of the latter. It will also be seen that
several of the Railroad Companies of this State,
whose roads are in successful operation, pay no tax
whatever, under the present law. Some which
pay tax, and others which do not, are exempt by
their charters from ever paying a tax of more than
one half of one per cent upon their net incomes. I
refused my sanction to two bills chartering Rail
road Companies at your last session, because tiie
proposed charters contained this provision. I do
not believe the State should ever yield her right
to tax, to any extent her necessities may require,
any and atl property within her jurisdictional limits.
Should it ever become necessary on account of in
vasion or other public calamity, greatly to increase
the revenue of the State, I can see no good reason
why millions of property belonging to wealthy cor
porations within her borders, should, by impru
dent and partial legislation, be exempt from bear
ing a just proportion of tlie public burdens, by be
ing subjected to a nominal tax only. And it there
ever w as any reason for granting such exemptions
iutlie past, that reason no longer exists, since tiie
building of railroads iu our State has ceased to be
an experiment. Therefore, I think such exemp
tions from taxation should not lie extended or en
couraged by future legislation. But as the public
exigencies do not require high taxation at present,
and as several of the most wealthy Railroad com
panies in the State have in their charters the pro
vision before mentioned, I recommend that the tax,
for the present on ail the companies in the State be -with joy, aud sing for gladness.
made uniform, and that each be required to pay a
tax of one half of one per cent on its net incomes;
to be paid into the treasury each year without cost
to the State.
I also recommend that a heavy tax be imposed
upon each and every person who as commissioner,
agent, trustee or in any other capacity, shall be en
gaged in drawing any lottery, or pretended lottery,
or in selling lottery tickets, within this State. It
is time the moral sense of our people were aroused
for the suppression (if this deceptive, fraudulent
and demoralizing practice : which encourages
among the people a spirit of hazard and gambling,
depriving them of large sums of money every year,
which too often brings distress upon helpless wo
men aud children; while it pampers idle drones in
society, who neither labor nor produce any thing,
but who grow rich by the credulity and misfortunes
of others,
TIfE MILITARY" SYSTEM,
The attention of the Legislature - has again and
again been called to our defective military system,
and to the great neglect to perform military duty
in tlie Slate. I doubt whether any recommenda
tion which I could add would be of any service.
At your last session, the usual appropriation for
military purposes was withheld ; and after this de
cision by the Legislature. I did not feel it my duty
to order a rigid enforcement of the military laws.
The time may come, however, when we will have
cause to deplore our present inactivity and lack of
discipline and military spirit.
THE BOUNDARY LINE BETWEEN GEOR
GIA AND FLORIDA.
The resolutions passed at your last session, in
reference to the boundary question, between the
State of Georgia and the State of Florida, were
communicated by me to the Governor of that
State, soon after your adjournment. I received
from his. Excellency assurances of his desire for an
early and amicable adjustment of tiie difficulty,
with a promise to lay the resolutions before the Le
gislature of that State at its next session.
INDEX TO THE RECORDS OF PLATS.
The index to the records of jdats of lands granted
under the law of head rights, had been kept up in
the Surveyor General’s office, from J837 to 1329, in
a very large volume; which is now in a very muti
lated condition. There is no Index of plats issued
since 1320. This is not the fault of the present la
borious and faithful officer, who has charge ot that
department, as his predecessors for nearly thirty
years had failed to keep up the Index. Believing
it a matter of importance that the large number of
books, containing these very -important records, be
indexed to the present time, I employed Maj. H. J.
G. Williams, an excellent clerk, of great exactness
in comparing the records, and of laborious research,
to copy the mutilated Index Book; supplying it
wherever lost from the original records; and to ex
tend it from 1829 to the present time. When com
pleted the whole will make two common size vol
umes. I presume there can be no difference of
opinion as to the propriety oi preserving the: public
records iu good condition. I recommend toe pas
sage of an act, authorizing the Governor to draw
his warrant upon the Treasury, for a sum sufficient
to pay for the work when completed; and that
three suitable persons lie appointed to examine the
work, and report its value to the Executive.
THE AGRICULTURAL INTERESTS.
While the State has m_de large appropriations,
from time to time for clearing out rivers, con
structing railroads, and for tlie encouragement of
commerce, and other pursuits, it is much to be re
gretted that so little has been done to encourage
her gr at agricultural interests—upon which al
most every other class is dependent for assistance
and support. No other occupation is more useful
than agriculture. No class more honorable than
our farmers, who, as a class, are honest and pa
triotic. They bear without a murmur their full
share of the* burdens of the Government. Why
then should they be longer denied their share in its
benefits 1 I shall cordially co-operate with the
General Assembly in any and all legislation, which
will promote this great and viral interest. In this
connection we should not forget; the necessity
which exists for the development of our mineral
resources. I trust the Legislature will authorize
the appointment of a suitable GeoiogisUand Chem
ist, to make ageelogieal survey of the State, and a
chemical analysis of the soil, in different sections,
so as to develop the mineral wealth of the State,
and To determine the productions to which each
kind of soil is best suited.
Many of tlie most intelligent and useful citizens
of our State, devoted to her great agricultural and
mechanical pursuits, are taking much interest in
our agricultural fairs. The object <>f these exhibi
tions, is to bring together as much as possible of
the intelligence of our State in council, lor the pur
pose of devising the best means for the advance
ment of agriculture, mechanics, Ac. By awarding
premiums, a generous rivalry is encouraged, which
often causes valuable improvements, and leads to
very useful discoveries. I be ladies contribute
much to the interest of these occasions, by their
presence, and the exhibition of magnificent speci
mens of their handiwork. The fine arts are en
couraged here. At these exhibitions planters and
mechanics from different sections of the State, are
brought together, and valuable improvements made
in one section become known to all. Tlie fair
grounds at Atlanta, where the meetings for the
whole State are held, are in bad condition. I am
informed that several of the States have made lib
eral appropriations to encourage these exhibitions.
I think it good policy. I therefore recommend
an appropriation sufficient to put the State fair
grounds in good order, and to erect the necessary
buildings; and that a small annual appropriation
be made to keep up the exhibitions, in case the in
comes of the society should be insufficient. I
think the farmers and mechanics have a right to
demand at least, these small sums.
REPORT OF SENATE COMMITTEE ON
W. A A. R. R.
The committee appointed bj- the Senate at your
last Session, to investigate the affairs oi the \Y e.s-
tern A. Atlantic Railroad, have made their report
to me,as directed bv the resolution of the Senate,
with the request that I have it published in pampii-
letform. In compliance with their request I have
had 5.000 copies printed for distribution. Any
number of tlie printed copies which may be desir
ed by the General Assembly, or by the members
for distribution among their constituents, will be
furnished on application at the Executive office.
I cordially concur with the committee, in their
recommendation, to place the defaulting agents
upon the road on the same footing with tax collec
tors, so far as to authorize the Comptroller General
to issue executions against each and every default
er, and his securities, who does not, within a rea
sonable time after demand, pay into the Treasury
of the Road the sum due by him, with authority to
collect 20 per cent on the principal, from the time
of the demand and refusal till paid. Legislation
making the books of the Road legal evidence on
the trial of cases in Court against defaulting agents,
has long been needed.
The Committee were in session 50 days. Their
task was a very laborious and responsible one.—
They have received no compensation for their ser
vices. I advanced from the contingent fund an
amount only sufficient to pay their actual expen
ses. It is proper that an appropriation be made,
sufficient to compensate them liberally for the ser
vices rendered.
THE FINANCIAL CONDITION OF TIIE
STATE.
For a statement of the condition of the Treasury,
I refer you to the report of Col. John B. Trippe,
the vigilant and trustworthy officer who presides
over that department. As Georgians we have
much reason to be proud of the financial condition
of our State, and of her high character .abroad.—
Probably the bonds of no other State in the Union
are more current, or command a higher price in
the market. Her people entertain a sense of honor
that will never permit a stain to rest upon her
proud escutcheon ; and they will sec to it that her
high character is maintained. In consideration of
her ability to pay, it may justly be said, that her
public debt is little more than nominal. Without
leference to any other of her great resources, the
Western A Atlantic Railroad will, in my opinion,
command from eight to ten millions of dollars in
tlie market, by tlie time the last instalment of the
public debt is due. The whole debt does not
amount to half that sum, and may, in a few years,
be extinguished from the incomes of the Road alone.
The State w itli from oue to two millions of in
habitants, a large territory, a salubrious climate,
immense mineral wealth, vast agricultural resour
ces, and an extensive system of internal improve
ments, may then be out of debt, and in possession
of ten millions of dollars worth of State property.
And by the exercise of a little prudence and fore
cast in her legislation, she may also have a com
mon school fund as large, and a standard of educa
tion as high as any State in the Union.
This is no fancy sketch. It is a conclusion
drawn from facts. But I must turn from these
proud anticipations of the future greatness of our
Slate, with the expression of the ardent hope,
that they may be much more than realized.
In closing this communication, I desire to join
with the General Assembly in returning sincere
thanks to Almighty God, for the abundant mer
cies, and rich blessing, which have been poured
out, upon our beloved State since we separated.
There has been no lack of provisions in tlie land.
The laborer of every class, has been able to sup
ply his necessities by the fruits of his labor. The
barns of the husbandmen teem with plenty for
both man and beast; and with the exception of
the visitation of yellow fever, upon the kind and
hospitable inhabitants of our beautiful seaport city,
Savannah, which I am happy to say has been less
destructive than at former periods, though it has
deprived her of some very valuable lives, (to the
bereaved 1 tender my sincere condolence,) yet it
may be said as truly as in any former year, that the
devourer has becu rebuked, and the pestilence
which walketh iu darkness has been stayed ; while
the Holy Spirit has been poured out, in many
parts of our State, iu more copious showers than in
former years, causing the Christian’s heart to leap
I earnestly invoke a continuation of these rich
blessings upon the people of our beloved State; and
trust they may never be unmindful ot their con
stant dependence upon llim, at whose bidding,
States and Empires are created and dostroved.
JOSEPH E. BROWN.
What about the Tariff ?—lion. J.
Glancey -Jones, in liis late canvass in Pcn-
sylvania, had pledged himself very strong
ly to support higher Protective duties—es
pecially on'Iron and Coal—in the contem
plated re adjustment of the Tariff. lie
was Chairman of tlie Committee of Ways
anil Means, and Iris position was one that
would have given importance to his course.
Hut he has, since his defeat, been appoint
ed Minister to Austria, and must reign his
seat in the present Congress. According
to customary usage, Mr. Phelps of Mobile,
who stands next in order on the Commit
tee, will become its Chairman, and Mr.
Phelps is said to he a Free Trade Demo
crat. Will the House disregard usage and
courtesy by selecting some one else as
Chairman ? and whom will Speaker Qrr,
or the House, appoint as the new’member
of the Committee—a Free Trader or a
Protectionist 1 There are interesting que
ries, and we may perhaps have consider
able feeling and speculation on this stib-
cct.— Col. Enq.
Glad to Stand Corrected.—The Pen
sacola Gazette corrects our late statement
that the American candidate, was a party
nominee, in the Judicial Circuit of Missis
sippi in which Judge Hancock, an inde
pendent candidate, was successful. It
says :
The editor of tlie Enquirer has been
misled in reference to the Americans’ nom
inating “A party candidate forjudge,” in
the circuit mentioned. The Americans in
that district made no nomination and had
no unity candidate. There were three
candidates running—the regular democrat
ic nominee, and two independent candi
dates,—a Democrat and an American, par
ty of Mississippi have never made a party
nomination for a ministerial or Judicial of
fice—the assertion of Senator Albert Gal
latin Brown to the contrary notwithstand
ing.
Good ! we hope they never will, and
that they will always vote for independent
candidates against party nominees.
Col. Enq.
V> here the Coin Goes.—Tlie Charles
ton Courier of the 2d iust., says, “We have
recently been noticing large importations
of coin by the banks of our city. It seems,
however, that it does not remain long in
their vaults. We learn that the Bank of
Charleston paid yesterday to two of the
Augusta Banks $250,000, viz : $200,000 to
the Mechanics’ Bank, and $50,000, to the
City Bank. This is done all in the course
of trade, to aid in carrying forward the cot
ton crop. Cotton from Augusta finds its
way to this city, and is drawn against by
short bills, say ten to^wenty days. It is
shipped from this port to Europe and vari
ous Northern points. The Banks here
buy tlie Exchange, and are obliged to furn
ish coin for the Augusta Banks, and hence
the recent heavy importations.”
G-eorgia, Legislature.
THE LEGISLATURE
Met yesterday at 10 o'clock a. m.—
The Senate was called to order by the
President, Hon. John E. Ward. He said
as the position lie held was a new and
novel one, he would call Mr. Reynolds, of
Newton, to the Chair, and let the Senate
take such action as it thought best. Mr.
Cone, of Bulloch, introduced a resolution
re-affirming the old organization, which
elicited some debate. Several resolutions
were introduced as amendments to - Mr.
Cone's. Mr. Ward seeing that there was
doubt upon the minds of some of the mem
hers as regards the legality of meeting
under the old organization, hat ded in his
resignation as President of that body.
Mr. Bartlett, of Jasper, then moved that
the new members lately elected be quali
fied. so that they might have the privilege
of voting, which was agreed to. The fol
lowing gentlemen then presented them
selves to be sworn in, Judge Lumpkin of
tlie Supreme Court, administering the oath:
Hou. Seaborn Hixon, of Schley.
Hon. Littlebury Holcomb, of Cherokee.
Hon. Cornelius M. Bozeman, of Pulaski.
Hon. Jeremiah Wilchor, of Glascock.
Hon. John Q. Adams, of Rabun.
Hon. Andrew Cumbie, of Mitchell.
Hon. E. D. Williams, of White.
Hon. Norman McDuffie, of Wilcox.
Hon. Harrison W. Riley, of Lumpkin,
lion. Lawson Fields, ol Milton.
Hon. George Young, of Irwin.
Hon. John B. Graham, of Dawson.
Hon. John Donaldson, of Pierce.
Mr. Ward's resignation having been re
ceived, tlie Senate went into an election
for President, The votes being counted
out Mr. Ward was declared elected. L T pon
taking the chair, he thanked tlse Senate
for their continued confidence in him, and
the flattering vote given ; and said lie
would endeavor to discharge the laborious
and arduous duties of his office without
partiality.
Mr. Terlmue. Secretary of the Senate,
Mr. Brewster, Messenger, and Mr. Aired,
Doorkeeper, also resigned their respective
offices and were unanimously re elected by
ballot.
The Senate being fully organized, a
committee from tbe Senate united with a
committee from the House of Representa
tives, informed tbe Governor that both
branches were now ready for any commu
nication from him; which duty having
been performed, the Governor, through
Mr. McComb, one of his Secretaries, sent
in bis annual message, which was read,
and which we lay before our readers.
After the reading of tlie Governor’s Mes
sage, Mr. Jarred, of Habersham, intro
duced resolutions informing the Senate of
the. death of Gen. Coffee, late Senator from
Rabun. Remarks were made by Mr. Jar
red, of Habersham, Mr. Thomas, of Gwin
nett, and Mr. Billups, of Morgan, eulogis
tic of the virtues and character of the de
ceased.
The following is the preamble and reso
lutions :
Whereas, the lion. Edward Coffee, at
the time of his death in 1S5S, was a mem
her of the Senate—as a just tribute to Iris
distinguished usefulness as a statesman
and citizen, be it
Resolved, That in the death of Edward
Coffee, Rabun county lias lost a faithful
Representative, his co-laborcrs a sincere
friend, and tbe world an honest man.
Resolved, That the usual badge of mourn
ing will be worn by us during tbe balance
of tbe session of tbe General Assembly,
aud that a copy of these Resolutions be
forwarded to the family of the deceased.
The Senate then adjourned until 10
o’clock, Thursday morning.
Also, a bill relative to new trials, allow
ing the Judges of the Superior Courts dis
cretion whether they will grant new trials.
Mr. Shepherd : A bill altering tlie Con
stitution, contemplating the abolishment of
the Supreme Court, and vesting more pow
er in the Judges of the Superior Courts,
Inferior Courts and County Courts.
Mr. Shropshire: A bill forming a new
county from Walker, Chattooga, &ce.
Mr. Slaughter of Dougherty : A bill to
define the liabilities of drawees of drafts,
checks, &c.
Mr. Smith : To legalize the time of
holding Glascock Superior Court, and
appointing tiie time of holding said Court.
Mr. Stubbs : A bill to alter the Consti
tution so as to permit, the Legislature by
law to locate the Supreme Court at one
place.
Also, a bill for the better government of
the Western & Atlantic .Railroad, and to
place the fiscal agents on the same footing
as to liability as Tax Collectors.
Also, a bill to increase tbe salary of the
Superintendent of the Western & Atlantic
Railroad to $5000 a year.
Also, a bill to amend the act of IS57 to
Incorporate the Macon Insurance and Trust
Company.
Also, a bill for the relief of Mary F.
Minor, to allow her to marry again.
Also, a bill to educate one boy of limit
ed pecuniary means, at the public expense
from each county.
Also, a resolution requesting tlie Com
mittee on Enrollment to report to the Sen
ate whether the original bills •as passed
the Senate are transmitted to the House of
Representatives or the copies thereof, and
whether the public service would not be
promoted by abolishing such practice of it
exists.
Also, a bill altering the Constitution so
as to authorise the Legislature upon the
application of any county to reduce the
number of Judges of tbe Inferior Court,
and to consolidate the office of Judge of tlie
Inferior Court aud Ordinary and fur other
purposes.
Mr. Johnson of Fayette : A bill to form
a new county out of the counties of Hen
ry and Fayette.
Mr. West of Lowndes : A bill to form a
new county out of the counties of Lowndes
and Thomas.
Mr. Whitaker of Fulton : A bill repeal
ing the hunting and Fishing Laws.
The Senate then adjourned.
The Senate then adjourned to half past
two o’clock, I\ M.
SENATE—Thursday, Nov. 4.
The Journal of Wednesday being read
and affirmed, Mr. Cone of Bulloch, intro
duced a resolution to the effect, that the
different subjects relating to our State af
fairs, in the Governor’s Message be referr
ed to the respective committees of the Sen
ate upon the Finance, Judiciary, Educa
tion, &c., which was agreed to.
After the roll was called an d the j ournal
read, Mr. Whitaker stated that lie was
misrepresented in the journal in regard to
his position on the question of election of
officers of the the Senate. He was per
mitted to alter the journal, by presenting
his proper position written out, to the Sec
retary.
Mr. Paine of Telfair, offered a resolution
that an engrossing committee be added to
the Standing Committees of the Senate,
which was passed.
Mr. Harris of Meriwether, offered a res
olution requesting the Secretary of State
to furnish all bills passed by the last ses
sion, altering the Constitution, which was
lost.
Mr. Whitaker ol Fulton, arose to a point
ol order. IJo said that no bill could be
passed altering the Constitution at this
session of tbe Legislature which was pass
ed at tlie last, as it was necessary for each
bill to be published six months before a
general election. Mr. Harris of Meriweth
er, said that the Senate had elected new
officers, &c., therefore the Senate bad de
cided the question.
Mr. Dawson of Greene, offered a resolu
tion, that the rules of the last session gov
ern the present one, which was agreed to.
Mr. Cooper offered a resolution that no
new matter be received by the Senate af
ter the 30th November, unless by’ a two-
thirds vote of the Senate.
Upon tlie call for tlie introduction of
bills.
Mr. Ward, the President, stated that
Tuesdays, Wednesdays and Thursday’s
would be the days for reading bills first
time.
BILLS INTRODUCED.
Mr. Bel! of Warren, Introduced a bill for
the formation of a new county from the
counties of Warren, Glascock, Richmond,
Columbia and Jefferson.
Mr. Gordon introduced a resolution that
no new county, or county’ lines be formed
or changed without the consent of the
member from the county where change is
desired to be made. Which resolution
was considered out of order.
Mr. Hill of Sumter: A bill to authorize
the Justices’ Courts in certain district to
be held two days.
Mr.Hill of Troup: A bill to authorize
the Ordinary’ of Troup county to pass tip-
on tlie application of the administrators of
Jas. E. Potts for leave to sell the land and
negroes belonging to said estate.
Mr. Quillian : A bill to aid and encour
age tlie Ellcjay Railroad by the State.
Mr. Ward of Butts, raised the question as
to the constitutionality of the Senate to
entertain tlie bill, as lie thought it was a
bill for an appropriation. Mr. Whitaker
said he was to some extent interested iu
the question, as he had a bill looking for
ward to the same object. The President
decided that it was not an appropriation
bill, and therefore it could be entertained
by the Senate. Said that a like question
was raised at the session.
Mr. Robinson of Talbot: A bill for the
relief of Lawson Cody, to allow him to
marry again.
:l-2 o CLOCK, P. M.
The Senate met according to adjourn
ment.
Mr. Mallard of Liberty, introduced a
resolution appointing a committee to in-
form the Governor and the Trustees of the
University of Georgia, that tbe Senate was
ready to resolve itself into a Senatus Ac-
ademicus. The Chair appointed Messrs.
Mallard , Harris of Meriwether and Slaugh
ter of Dougherty.
Gov. Brown in the Chair. Mr. Hull,
tlie Secretary, proceeded to call the roll of
the Trustees, and read the proceedings of
its last meeting. The report of the Presi
dent of the University being called for,
President Church proceeded to read bis
report setting forth the condition of tbe
University, lie spoke highly’ of the mor
al character of the young men of tbe Insti
tution and tlie religious influence now pre
vailing among them. The report dwelt at
some length upon the importance of estab
lishing a University of tbe first order in
tbe State and South. It recommended a
tree school system as a collateral support
of such an Institution and suggested that
school districts, about six miles square, be
laid off in the State, regardless ot county
lines. Dr. Church notified the Senatus
Academicus that ho would retire from the
position as President of the University at
tiie close of next. year.
A call was made upon tlie Senators to
report relative to the State of education in
their counties. Mr. Williams of Terrell,
moved that the call he dispensed with, Mr.
Dougherty, one of the Trustees, objected,
when Mr. Williams withdrew bis motion.
The Senate agreed to report on Friday,
November 5th.
Mr. Lewis of Hancock, introduced a res
olution, that one from each Congressional
District be appointed to frame a bill taking
into consideration the Governor’s Message
upon the free school system, and lay it be
fore tlie Senatus Academicus.
The committee appointed on Mr. Lewis'
resolution were, Messrs. John E. Ward of
Chatham, 1st District; P. H. Colquitt of
Muscogee, 2d District; T. B. Stubbs of
Bibb, 3d District; John S. Hill of Troup,
4th District; Lawson Fields of Milton, 5th
District ; Samuel Knox of Franklin, 6th
District; J. A. Billups of Morgan. 7th Dis
trict; Mr. Gresham of Burke, Sth District.
Mr. Bartlett ain'cnded tlie resolution by
adding four of the-Trustees. Judge Lump
kin, Dr. Church, H. V. Johnson, D. W.
Lewis and William Dougherty’, were added.
Judge Lumpkin was called upon for a
speech upon tbe subject of education. He
advocated strongly the establishment of a
University, such a one as Georgia should
have. A Univeisity that would turn out
men ready for action and ready for prac
tical life. He reflected with just patriotic
pride, upon the idea of sending our sons
out of our own Siatc to be educated. Said
he was a Southern Rights man upon that
question. Said he was for denomination
al colleges, yet he wanted all to come up
and help build a University. He wanted
no jealousies in this question. We do not
pretend to do justice to Judge L. Ilis
speech was such as we expected from him —
eloquent, sound, practical, aud spiced with
a good share of humor—more than \ve
thought the Judge had in him.
Friday, Nov. 5.
The Senate met according to adjourn
ment, at 10 o’clock. The journal was read
and agreed to,
Mr. Whitaker moved that the Senator
elect from Coweta county, Mr. Wilcoxon,
in place of Mr. Buchanan, resigned, be
sworn in.
Mr. Slaughter introduced a resolution
that Senators he allowed until the 20(h of
this month to make out their reports in res
pect to the educational condition of their
counties, to be laid before the Senatus Ac
ad emicus.
Mr. Dawson disagreed to the resolution,
and was for letting those prepared to re
port, report this morning. Mr. Mallard al
so favored the handing in reports tc day
before the Senatus Academicus.
Mr. Ward, the President, thought that the
Senate, as a Senate, could not entertain
the resolution until the Senate resolved it
self into a Senatus Academicus, and rul
ed the resolution out of order,
Mr. Ward of Butts, moved that a com
mittee be appointed to inform the Gover
nor and Board of Trustees that the Senate
was ready to receive them. The Cliair
appointed Messrs. Ward of Butts, Wilcox-
onand Dawson.
Gov. Brown in the chair. Mr. Hull Sec
retary, read the minutes of Thursday.
Mr. Ward of Chatham, as Chairman of
the Committee, offered a resolution that
the bill offered by the Committee be pre
sented to the Legislature.
Mr. Lewis of Hancock, read the bill
framed by the Committee appointed for
the purpose, tbe substance ot which was,
that a sum of money be set apart for tbe
support of Free Schools, and that a part ot
the proceeds of the W. & A. Railroad be
set aside for that purpose, and never to be
touched for any other. Also, that a young
man tromeach county be educated by tbe
State who is unable to pay the usual ex
penses of a thorough education ; and that
lie will give bond and security’ that be will
teach iu Georgia for a certain number of
years.
Mr. Slaughter introduced tbe resolution
referred to above, which was, at that time,
ruled out as out of order. Mr. Dougherty’,
one of the Board of Trustees, concurred
with Mr. Slaughter.
Mr. Thomas of Gwinnett, desired that
the Senators who w’ere prepared to pre
sent their reports, should be beard.
Mr. Slaughter said, be, for one, was un
prepared to report, and wanted all to re
port, hence bis resolution.
Mr. Mounger amended tbe resolutien so
that tbe Senators have until tbe 20th of
this month to report to the Senate.
Mr. Ward of Butts, said the reports came
properly before the Senatus Academicus
proper.
Mr. Dawson agreed with him.
Mr. Ward of Chatham, said that some of
tlie Senators were prepared, but a majori
ty were not, to report. lie desired that
those prepared to report would report, and
that tlie Senatus Academicus adjourn un
til the 20th of this month to receive the re
ports of others who will then be prepared.
Mr. Williams of Terrell, offered an
amendment, which was to receive tlie re
port of the Comptroller General as the best
report that could be made.
Mr. Whitaker favored the report ol Mr.
Slaughter.
Mr. Ward of Chatham, stated a quorum
of the Board of Trustees would be in this
city on the 26tli of this month, and he
would amend Mr. Slaughter’s resolution
from the 20th to the 2Gth.
Judge Lumpkin offered a resolution, the
substance of which was to abolish the pres
ent Board of Visitors, and to request the
Legislature to appoint five to attend the
examinations of Franklin College.
Mr. Atkinson amended the resolution by
adding eight instead of five, one from each
Congressional District, which was agreed
to.
The Senatus Academicus affirmed the
appointment of Messrs. T. R. R. Cobb, T.
W. Thomas and F. S. Bartow as Trustees
of Franklin College.
The Senatus Academicus then adjourn
ed to meet on the 26th November.
The Senate was then called to order by
. the President, when
Mr. Cone moved that the communica
tion from the Governor be taken up and
read.
Upon the reading of the communication,
the Governor said he returned certain
hills with his veto that had originated in
the Senate at tlie last session, incorpo
rating a number of companies for cer
tain purposes and granting certain privile
ges, without specifying tiie liabilities of
the stockholders or the expiration of the
charters.
Mr. Mallard introduced a resolution
printing 500 copies of the report of the
Senatus Academicus.
The Senate then proceeded to the read
ing of bills a second time.
A message was received from the House
Rep. asking tlie Senate to concur in the
proceedings presented.
BILLS LEAD TIIE SECOND TIME.
A hill to allow the Justices Court in a
District in Sumter and also one in Lee
to sit for two days if necessary’.
A hill to allow the Ordinary of Troup
county to sell certain propeity.
A bill to lay’ out a new county from
W arren, Richmond, Columbia, Glascock,
Burke and Jefferson.
Mr. Beall of Warren : Moved that the
hill be referred to the Committee on new
comities which was agreed to.
A bill to legalise the sittings of the Su
perior Court in Glascock.
A hill preventing the manumission of
slaves. Referred to the Judiciary Commit
tee.
A hill to alter the laws on new trials.
Referred to the Judiciary Committee.
A bill to aid the construction of Ellejay
railroad.
A hill to organise a new county’ from
Chattooga, Walker and Gordon.
A bill in regard to the liabilities of
drawees of drafts, checks, See. referred to
the Judiciary Committee.
A hill to locate the Supreme Court.
A bill for the better government of the
W. & A. R. R.
A hill to increase the salary’ of the Su
perintendent of the W. & A. II. R.
A bill providing for the alternating of
the Superior Court Judges.
A hill altering the 1st section 3d article
of the Constitution.
A bill to incorporate the Macon Insur
ance and Trust Company.
A hill for the relief of Mary F. Minor.
A hill to encourage the indigent youth
of this State, and to supply a corps of
Teachers for the State. Which was laid
on the table for the present.
A bill to organise a New county from
the counties of Fayette and Henry.
A hill to repeal the hunting and fishing
laws of this State.
The rules of the Senate were suspended
to allow Mr. Biiscoe of Baldwin to intro
duce a hill amending the act of 1S57 in re
lation to Milledgcville, which was read
the first time.
Mr. Atkinson of Camden : introduced a
bill p-eventing tlie introduction of slaves
in this State. Read the first time.
The Senate then adjourned until 10
o’clock to-morrow morning.’
tem., until the arrival of Mr. Sumner, who
was detained by severe family affliction;
which motion prevailed. Whereupon the
Speaker appointed Mr. John P. Cox, of
Gilmer, to discharge the duties until the
arrival of the regular officer of the House.
On motion of Sir. Luffman, a committee
w r as appointed to notify the Senate that the
House of Representatives had come to
order. (The names of the committee were
not heard by the reporter.)
At this stage of the proceedings a mes
sage was received from the Senate stating
that the former officers had resigned, am;
that the Senate had organized by the elec
tion of the Hon. John E. Ward as Presi
dent, and W. B. Terliune, Esq., of Floyd,
as Secretary; and had also appointed a
committee to wait on the Governor and in
form 1dm that both branches of the General
Assembly were prepared to receive any
communication he might think proper to
make. The Speaker appointed for this
purpose Messrs Smith, of Towns, Milledge,
and Colquitt, a committee on the part of
the House.
On motion of Mr. , a resolution
w r as adopted inviting editors of newspapers
and reporters to seats within the bar of
the House for the purpose of reporting its
proceedings'.
On motion of Mr. Faulk, of Tv, iggs,*it
was resolved that ISO copies of the Rules
of the House be printed for the use of its
members.
Mr. Lewis, of Hancock, submitted a reso
lution authorizing the Clerk of this House
to ascertain on what terms a sufficient num
ber of the daily papers published at Mil
ledgeville could he obtained to furnish each
member witli a copy’ during the session
Mr. Lewis remarked that he wished to
sustain the press in its efforts to give an
accurate report of tlie proceedings of the
Legislature, as lie believed it would greatly
facilitate the despatch of public business
and furnish information to the public
which the people were interested. He
moved in the matter without having con
suited any’editor or person connected with
the press, and was willing to let the propo
sition stand or fall on its own merits. The
cost to the Treasury would be trifling in
comparison to the general benefits which
would result.
Mr., (a member who sat near the Clerk’s
table, hut whose name was not caught by
the Reporter,) objected to the resolution
as lie was unwilling to run the State to ex
pense for his gratification. He would he
glad to see the daily papers at the seat of
Government succeed in their enterprize of
giving full reports of legislative proceed
iugs, and he had reason to believe that
most if not all the members would sub
scribe, and pay out of their individual pock
ets. Such was his intention, at least.
The House refused to entertain the res
olutiou.
The committee appointed 10 w’ait on the
Governor, reported that they had perform
ed their duty,and received for answer, that
his Excellency would forthwith transmit
his Annual Message to both branches of
tlie General Assembly; whereupon the
message was laid on the Clerk’s table by
Mr. Campbell, Secretary of the Gover
nor, after which it was ordered that the
message be read.
The Clerk was occupied an hour or more
in reading the message, which w r as listen
ed to attentively by the members of the
House.
On motion of Mr. Owen, of McIntosh, it
was resolved that 300 copies of the mes
sage, and 200 copies of the accompanying
documents be printed for the use of tlie
House.
Mr. Crittenden then moved that the
House adjourn until 3 o’clock this after
noon.
Mr. moved to insert 10 o’clock to
morrow morning: on which a division of
the House was called for—the count being
74 yeas and 53 nays. The ayes and nays
being then demanded, on the question of
adjournment until 10 o’clock to-morrow,
the roll was called—yeas.60, nays 75.
It was then moved to adjourn until 9
o’clock to-morrow moriiing, which was car
ried, on a division, 74 to 53; and at 1
o’clock the House adjourned.
[Tne Repoiter begs that his omission of
names in a number of instances may be ex
cused, until he lias time to connect mem
bers with their counties, as, under the rules
of the House, the Speaker merely calls the
name of the county’ represented by the
member who takes the Hoor.J
HOUSE OF REPRESENTATIVES.
Wednesday, Nov. 3, 185S.
At 10 o’clock a. m., the Hon. John W. H.
Underwood, the. Speaker elected at the
last session, called the House to order, and
announced that tiie House would proceed
to business. The roll was then called by
Mr. Spear, the Clerk, when it appeared
that a quorum of members was present.
The Speaker notified new members that
.their counties would he called, at which
time it was regular they’ should present
their certificates of election. This having
been done, the following gentlemen ap
peared and took the usual oath as members
of the House. From the counties of
Baker—Alfred H. Colquitt.
Calhoun—George W. Colley’.
Dawson—James L. Heard. |
Glascock—Cr.lvin Logue.
Glynn—John L. Harris.
Habersham—Robert Allen.
Irwin—John B. Dorminyl
Milton—Robert Webb.
Mitchell—Augustus S. Jones.
Pierce—James Sweat.
Randolph—Seaborn A. Smith.
Schley—Charles Edwards.
Ware—William Brantley,
Warren—Aaron Jackson.
White—James West, Jr.
Wilcox—Mitchell J. Faulkner.
Mr. Fortner, of Emanuel, moved that
the Speaker appoint a Doorkeeper, pro
Thursday, Nov. 4, 18-58.
After the roll was called and the jour
nal of yesterday’ read by’ the Clerk, the
Speaker alluded to the Rules of the House
adopted at the last session, as probably-
raising doubt in the minds of some mem
bers as to their operation at this time. For
himself he believed they were, still in
force, but it was a matter he felt it his
duty to bring to the attention of the House
for its action if necessary.
BILLS INTRODUCED.
By’ Mr. Harrison: For the relief of Da
vid W. Irwin, of Chatham county’, from all
legal disabilities in regard to the divorce
obtained against him by his wife, Colum
bia Irwin.
By Mr. Gordon: In the form of a resolu
tion, with the concurrence ot the Senate,
that no new matter be introduced after
first day ot December next, during the
present session of the Legislature.
By Mr. Mizeil: To change the time of
holding the Inferior Courts of the countv
of Charlton to the first Mondays in Febru
ary and September in each year.
By Mr. Harris, of Dougherty: To ap
propriate $2,750 for the payment of a bal
ance due by the State to Richard K. Hines,
Esq., for 1500 copies of liis “Legal Forms.”
By Mr. Pickett, of Gilmer: To establish
a general system of education, and to ap
propriate monies for the same: $200,000
of the earnings of the Western and Atlan
tic Railroad to be set apart annually, to he
distributed among the several counties on
the first Monday of January in each year,
for tlie education of all children between
the ages of six and eighteen years; and
repeal.ng all existing laws in relation to
the poor school fund, &c.
By Mr. Pickett: To add another section
to the Constitution of Georgia, declaring
that two-thirds of the earnings of the State
Road shall he applied to educational pur
poses, and that two-thirds of the road may
be sold, and the interest devoted to the
same object, See.
By Mr. Hardeman: For the relief of
John Green and Rebecca Green, of the
county of Bibb, from the penalties of
bigamy.
By Mr. Wilkes: To establish a Board of
Education for the county of Lincoln ; and
that Lafayette Lamar and others be con
stituted said board to examine teachers,
and only such teachers as have passed an
examination and hare been approved by
the board, shall be entitled to receive any
part of the poor school fund, See.
By Mr. Davis, of Marion: To explain
the act ot 5th December, 1818, relative to
the manumission of slaves, so that all last
wills aud testaments shall he declared void
in respect to such manumission, but may
be valid as to other propeity devised.
By Mr. Owens: To reduce the bond of
the Sheriff of McIntosh from $20 000
$ 10,000 with two good securities * *
By Mr. Owens: To incorporate U
maha Lodge, 227, of Free and Accent \
Masons, in the connty of McIntosh * ^
By Mr. Clarke, of Monroe: To corf
cartain powers on James B. Battle, tru<t
for Josephine II. Jackson, and to author'^
her to receipt for the property a3 „ fe !**
sole. e
By Mr. Howard, of Muscogee: To aid
ish imprisonment for debt. 0 "
By Mr. Mott: To alter and amend .1
city charter ot Columbus, so that the e » ^
tion shall he held or the second Saturd* 6 ’
in December for two Aldermen j u *}
ward; and that the Mayor shall have I
thorny to try all persons accused of sellin
spirituous liquors without license an] ?
rituous liquors to slaves, and’ keenl? 1 "
houses of ill-fame, and of all petty off e ’
against the health and good order
city; also to erect and regulate a pud; 6
market for the sale of certain articles nr 'i
to grant license to keep private nialke-
under certain regulations, &C.
By Mr. Price of Rabun: To repeal morn
expressly the Sth section of the tax act f
1804, giving to informers a portion ot t C!
penalty incurred by tlie violators of
act, which in effect has been repealed L -
the act of 9th January, 1852, but not /
generally recognized as to prevent heavy
and useless litigation on the subject. ' '
, Milledge: To prevent, if p 0Sv j.
hie, the increase of bank and railroad cl r
ters, by requiring all applicants f or the
same to publish a notice in two public Ga
zettes specifying the names of the cornu.
raters; and if for a railroad, the termini d
the same, its length, the counties throng,
. which it will pass, and the names of the
* stockliol lers, distinguishing residents and
non-residents, &c.; and if lor a bank, the
like specifications, with tlie amount of its
capital, place of location, ike., ail of which
particulars shall be filed in tlie Executive
Department one month before the nteriir,*
of the Legislature, and that the Governor
shall communicate to the Legislature what
companies have complied with the kw,fa.
By Mr. Lewis: To ensure the ‘•needy
collection of money due on execution, re
quiring all sheriffs and constables to pm.
ceed at once, and in failure to collect by
the term of the court to which the execu
tion may he returnable, they shall he lia-
hie for the amount, with 20 per cent dam
ages, subject to rule by the court.
By Mr. Roberts of Scriven: To extend
the writ of certiorari to writs of possession,
so as to bring all the facts before the ap
pellate court in as brief and simple a form
as can he, to answer the ends of justice.
Mr. Bigbam of Troup, offered a resolu
tion authorizing a committee of fire to taka
charge of the Rules of the House and make
such alterations as may be necessary, and
that all bills, resolutions and report.*re
maining on the calendar, unfinished, at the
adjournment of the last session, he taken
up in tlie order of priority and acted upon
as though no adjournment had taken piece.
MrriBigham looked upon the sessions of
the Georgia Legislature, composed of the
same members, as similar to the sessions
of Congress. He referred to tlie 22J Rule
of U. S. House of Representatives, declar
ing that all unfiuislied business of the pre
vious session shall be resumed as if there
had been no adjournment. This would en
sure action upon measures already in pro
gress, and expedite them to a conclusion
on their merits, successful or otherwise.
Mr. Diamond of DeKalb. was opposed to
immediate action on the subject. Ho
deemed it of sufficient importance for the
hands of a committee, and with this view
he moved that the resolution be referred to
the Committee oil the Judiciary.
Mr. Pickett desired time to deliberate on
the proposed change of the Rules. IU
was not in favor of dragging up from a
pile of rubbish the old hills of tlie last ses
sion which had been thrown overboard by
intentional delay or otherwise. It was
unfair to the present session, which, he
presumed, would have plenty of new mat
ter to employ’ all its business hours.
The motion to refer was carried cn a
division—74 to 41.
Mr. of Montgr imery, intro
duced a bill authorizing Andrew .T. Y\ii-
liarason, executor of John Williamson,
late of Emanuel county, deceased, to sell
all the property of the testator at private
sale.
By Mr. Fain of Union: To regulate pro
ceedings in civil and criminal cases, di
recting that on the trial either party may
have the points of law in writing from Ins
adversary signed by himself or counsel;
that a brief of tlie testimony’ shall be taken
in writing and entered on record: that the
Judge shall deliver his opinion in writing,
and if he charge the jury he shall give t"
instructions except they be in writing, and
the whole shall form a part of the record,
the clerk receiving ten cents for every 100
words ; that on appeal or writs of error an
shall he included as part of the cause, and
that the hill of exceptions shall refer to tie
record when taken to the Supreme Court.
By’ Mr. Fain of Union: To construct a
railroad from Ellijay to , ami tan:
the State shall endorse the bonds of lw ’
company at the rate of $7,000 per mile tor
the purchase of iron, and that the State
have a mortgage on the road to be fore
closed on failure of the company to pa/
the bonds, &c. . , j
By Mr. Cartcr of Lowndes: For the relict
of William Stanford, security on the bond
for the appearance of William B. Crawford
at the Superior Court of Lowndes county,
who was indicted for stabbing. “ ie
burning of tlie court-house exemplified 1011
could not he obtained in order to make 1
demand on the Governor of South Car° linl
where the defendant had fled, so as to re
lieve the security by surrendering has p rU, ‘
cipal.
By Mr. Fain of Uuion: to authorize
Russell Jones, guardian of tbe orphans l !
Janies Thomas, deceased, to s»dl thep r °P
erty’ of his wards. * .
Mr. Hughes offered a resolution that I t
House entertain no bill which has if l -
ebjeef the curtailment of the limits ot-any
county at present existing, without
consent of the members from the coun*-y
proposed to be reduced, or unless a
tion from the citizens be presented, w “ uJ
was adopted. , .
By Mr. of Gordon: Toautho» z ®
the Justices of the Peace of tiie S4$tli
trict, G. M., as occasion may require-
On motion of Mr. Smith ot Towns, ^
several portions of the Governor 6 '
were teferred to the appropriate t®*® 1
tees. . " „ r ieJ
On motion, leave of absenee was 2?'““ . (
Messrs.Edwards, Strange, Chapra* 11 , ■•‘ a ‘
Gilbert, on account of indisposition iu * -e '
selves or in their families.
Mr. Price offered a resolution re( l a? ^’^
our Senators and Representatives
gress to procure the establishment "I a j
horse mail line from Ellijay by { ,
Jasper, iu Pickens county, and 6 ea
Ball Ground, &c., which was adopted*
The House having no business h‘'*‘ ,r ,
then adjourned at 12 o’clock to c;et I
3 P.M.
DECEASED MEMBER?.
The House met, and it was
nnderstood that no business would b®
sauted.
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