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er fruits in the midst of circtmistri nc< ■« the most favorable to virtue; but!
when nourishsd bv hail education, ignorance, vicious habits and associa
lions; when stimulated by t* mptation, or impelled by necessity, it is fatui
ty to suppose, that by the mere operation of any, the inqstpolitic penal sys
tem, they can be effectuallychecked and kept down. Solar, therefore, as
the dissalisiactiou with our Penitentiary has arisen from iis not having pro
Juced this effect, it is an unreasonable and unauthorised dissatisfaction. It
is warranted by nothing which appears in the nature of things or the teach-
ins?* of revelation. These all point to the truth, that punishment ol any
juiid can torni only a small part in the grand, complex and dill used system
ol' means, which look to the extinction of crime and the promotion oi vp-
V-io.
Still less justice is there, in that topic of complaint which is founded on
the alledged failure of the Penitentiary, to reform those criminals who have
Lii en subjected to its discipline. It is not and never can be, a usual and le
gitimate effect of ignomiuous punishment, to make tjie man better on whom
it lias been indicted. All ignominy, whether denved trom a base action
•lone, or an infamous punishment suffered, has a strong and natural tenden
cy to depress him on whom it has fallen, still lower in the scale ol moral
turpitude. And ignominy from the very constitution ot man, must always
necessarily attach to the suffering of such penalties, as are usually imposed
>;i crimes importing baseness, or malignity ol motive, or character It is
therefore beyond human wit to devise, for mean and atrocious crimes, any
appropriate punishments which will not have a stigmatizing and deteriora
ting etfect on those who suffer them—When was it ever known that the
whip, the brand, or the pillory, eawated the moral tone ot their victims, or
inspired theni with virtuous and noble sentiments? Is it not on the coutraiy,
their direct tendency, to infix in them a settled sense of meanness and dis
respect for themselves, which paralyses every good and honorable motive,
fitting the mind fora career of baseness, profligacy and crime, and taking
away all restraint hut that of feat ? Such undoubtedly is the natural opera-
ion of all degrading and ignominious punishments, and ol Penitentiary im
prisonment among the rest. To counteract this operation was a desideratum
And here the Penitentiary system asserts one of its peculiar excellencies,
;md most striking: points of superiority over the modes to which it had been
. substituted—The total seclusion from the world, the hard labour, the severe
ffscipline and solitary confinement, to which it subjects the convict crie in
il lor a long period,"all contend powerfully against that downward moral
Tendency, w T hieh his nature must have received from the sense of guilt, ot
ignominy and ruined prospects combined. Do the sharpei and more sum
mary & disgraceful punishments, which are so much lauded, possess aught
->f this antagonist influence? Is it not on the other hand, a peculiar and ex
■Jusive merit of the Penitentiary plan? As a consequence of it, the inmate
>f the Penitentiary, comes forth at the expiration of his term, estranged
from vicious practices, if not cured of vicious propensities, inured to use
ful industry, if not confirmed in virtuous principles—He is weaned also
from his accustomed haunts of flagitiousness, and his ancient vicious as
sociations. And he 13 under little temptation to seek them again—For he
would find that there ignominy had deeply covered his name, and rendered
.'dm a man fit only to lie loathed and shunned even by his former com pan
.ons in wickedness—The chances are therefore greatly in favor of his
prinking entirely oui of public view, or betaking himself to some distant
place, whither his infamy may not pursue him. And as he would he in
possession of a useful trade, or handicraft employment of some sort, and
ander the influence of recent habits of industry, it is not improbable that he
would devote himself to some honest and useful occupation: Such the com
mittee are bound to believe, has been the fact in a great proportion of in-
■jtances. For the history of the Penitentiary shews that a comparatively
finall number of discharged convicts have ever re-entered ts walls; nor
have the committee been able to learn that the country has been infested to
■uiv extent worthy of being noticed bv their vices and practices. And as
liiese circumstances are those on winch alone, any conclusion can he based,
is to the failure or success of the Penitentiary, in reforming criminals, the
committee confess themselves at a loss to conceive, on what grounds the
assertion of its total failure in that respect lias been founded. It has un
doubtedly failed to make honest men out of knaves, and virtuous citizens
out of unprincipled profligates. But it should be remembered, that these
are miracles not of human achievement. It should also be remembered in
hi extenuation of any ill success which,may have attended the Penitentiary,
:ti the point of reforming convicts, that it has always laboured under an ex
treme disadvantage in that respect, from not having been provided with
c<elts for solitary confine ment at night. The construction of these, is now in
a slate of great forwardness; and when completed, ihe committee believe
that very much of the grounds oi complaint against the institution, on ac
count of what is supposed to be its etiects on the convicts, will cease toex-
dt.
’ But of all the objections to the Penitentiary, the most popular and influ
ential has been the expense to which it has subjected and must continue,
d is said, to subject the State. The capital originally laid out in erecting
4ie buildings, lias never been re-imbursed, and ot some years the expendi
tures of the establishment, have much exceeded its incomes. Hence the
whole affair lias lieen pronounced a bad business, and the institution is
gravely considered as having tailed of its object. Il the object of the Pen
itentiary had been 1o make the crimes of the country a source of profit, if
fit was set up as a mure money-making machine, then it has indeed failed.
But such was very far from being its proper object; and it has been per
il ins the most pernicious error into which we have fallen, to have relied on
deriving a revenue from such a source. All the civil and political in^titu-
140118 of the country, require a great ami continued expense lor their sup-
ir*rt. We are taxed for the making of the laws, which prohibit offences,
and prescribe their punishment; we are taxed again to maintain that, judi
cial administration bv which offenders are brought to trial, and sentenced
10 punishment; and what else can we reasonably expect, than that the nc-
l*ia! infliction of the punishment, should also he attended with some cost,
tfus it not so under the old system, to which the Penitentiary has succced-
. d? Did not the different counties then have to pay the expenses incurred
b, the imprisonment of insolvent convicts in their respective tails? And was
not the money 1hus paid, as much drawn from the pockets of the people, as
tint which has been applied to the support of the Penitentiary? And if this
fosritution be abolished, would we not to be obliged to resort to imprison
ment in the county jails, as a part at least of the punishment, tor almost all
the offences now punished with Penitentiary confinement? W c should cer
tainly he obliged to do so; and there can be no doubt that the aggregate
expense of alithe counties of the State, for the imprisonment of criminals,
would then be much greater than the amount of what is now incurred to
support the Penitentiary. And ,the entire burthen on the people would be
heavier than that which they now hear. In the very nature ol tilings, ex
pense is attendant on the execution of ihe taws, civil or criminal; it is the
price we pay for the protection which the laws afford. I he Penitentiary
. system seeks to make the criminal defray by his labour the expense of his
mmrdiment, or to contribute largely towards it. r l his end our Penitentiary
has striven to effect, in some years with better, in others with worse sue
iv*ss. But the committee venture thepssertion, that even in the worst years
that have occurred, the appropriations required for other purposes, thanthe
election of buildings, have fallen greatly short of the aggregate amount
which the different counties would have been compelled to pay out for the
imprisonment of criminals, in case there had been no Penitentiary. In the
best years which have occurred, the institution has more than- defrayed its
expenses; And it may be expected to improve in this respect, by the lessons
gf its own experience, and that of similar establishments in oilier Slates.
The committee on the whole, come to the conclusion, that so far as the
p r ^ concerned, the Penitentiary has been as efficacious
as could be leasoimbi^r cApcvidl from aity nn^tp pumolinipnt Fort'rinioc
especially of a high grade, or involving deep moral turpitude, are as little
known in Georgia, as in any country of the Universe, so far as the commit
tee can learn, and have certainly become less frequent during the last ten
or fifteen years. This fact is the more worthy of notice, as during that pe
riod the State has vastly increased in population, and the extent of territo
ry over which her people are spread. It is an effect however, which the
committee would not ascribe solely to the operation of the Penitentiary
system, but to the conjoint influence of all the causes which have been in
activity among us, conducing to the improvement of our moral, intellectu
al ami social condition. Nor as a reformatory institution, has the Peniten
tiary been entirely devoid of merit. For as those who have been discharg
ed from it, have neither come back again or been known to disturb am]
vex society with their vices or crimes, to any considerable extent, the neces
sary presumption is, that the Penitentiary has tended, either to reform them,
or to send them as voluntary exiles from the State. And in either case!
the benefit is the same to Georgia. Amt on the head of expense, the com
mittee would remark, that laying out of view the cost of the buildings, the
people have been more gainers than loosers by the Penitentiary; andlf that
system he now discontinued, and the old punishments revived, the ai><rn>-
ga'e burthen of punishing criminals, will lie certainly augmented, although
as it will be distributed among the particular counties,and so no general ac
count of it be taken, it will be less likely to strike and arrest attention.
In none of these great cardinal points of view, can the committee con
ceive that any tiling is to lie gained by returning to the old modes of p 5m
inherent. On the contrary, there would lie just ground for apprehending r
worse Rtate of things.—For then the punishments, in most instances, sharp
and summary, would soon let loose their victim again on society: whereas
the Penitentiary utterly takes away from him for years, the ability t« ( t 0
mischief or commit crime. Then, also, the abandoned culprit would snvintr
t om the lash, the pillory or the jail directly hack to the scenes and associa
tions of his flagitiousness; from mere habit and instinctive inclination, which
Bothingmtliepmmhment he had undergone would have a tendency to
nreak down he would linger about his accustomed haunts of vice, ami en
restrained by no chock but a terror of pm,
re,Xr hS l St Wm l M *™ n A ce *«:. lo “I*™*. or ope rale to no purpose but to
the res, tZl T u H -' d * au l tlouf V n «»* perpetration of offences. Hence
as t4t ™ il? e *» ,er,ence has d,at under such a penal svsimn
W etn Old law, one iguomwwns cnra^iguominiousKatoned icnder-
e.l Ihe Jperpetrafor an abiding and incorrigible pest in the community to
which he lielonged, and was the usual precursor of an ultimate expiation
on the gallows, of a long series of crimes. Not so, however, has it been
under the Penitentiary system, at least in this State. In an overwhelming
majority of instances, the last that we hear of the convict culprit, is his con- 1
signinent to the walls of that great prison—There he remains till all his
old vicious attachments and associations fall oft' from his memory and af
fections; till his idle, dissipated and profligate habits have given place to
those of regular living anil laborious industry; till oblivion and infamy coni
billed, have interposed the strongest reluctance oh Ids part, at least a very
great indisposition lo seek again his former haunts; till finally he has ac
quired and long practised some useful mechanic trade or handicraft em
ployment, and feels himself capable of earning a creditable livelihood if he
can only find a home in some retired or remote corner where his infamy
may not create too strong an atmosphere of repulsion around him. Such
is the natural difference lie tween the operation of the two systems;—a dif
ference which is of itself a decisive argument against a return to our old
laws on this subject.
But to the restoration of those laws there is another rrnst serious objec
tion, derived from tbe fact that it is one thing to revive them on the stat
ute-book, and altogether another thing to give them a living and effectual
force in practice. Public feeling would revolt at the spectacle of barba
rous and slavish punishments inflicted on the freemen, thevoters, the jury
men of our land. Those sensibilities of the human heart which in Georgia
have long been exempt from the hardening influence of such exhibitions,
would exclaim against them on the first renewal, and asserting their sway,
would controul ami discomfit the rigours of ihe law. We should have a
bloody code; but rarely, very rarely would its appointed victims whrithe
under tliestripes which it prescribed. The difficulty Avith which convictions
are procured in any case, it is well known, is in proportion to the degree in
which the sympathies of juries are enlisted in behalf of the accused.—
Whether those sympathies are roused by the circumstances of the case,
the eloquence of counsel, the connexions and previous character of the
prisoner, or the penalty to which he is exposed, their operation is uniform
ly the same. It is to the side of mercy, of humanity : it is to a relaxation
of the stern requirements of criminal justice ; to a total defeat of harsh
and cruel punishments whenever the conciene.es of juries can find any, the
slightest escape in what by sentiments of pity may be construed as incon
clusiveness in the evidence. Thus it will, to no small extent happen that
by that very change of the laws by a\hich we seek more effectually to ter-
rily men from crime, w r e shall do away all law, give impunity to offenders,
and strong encouragement to the perpetration ol offences.
But to a state of things that must be attended with this effect the com
mittee will not. look as probable—especially as there is nothing connected
Avith the casualty which has drawn public attention so powet fully to the
Penitentiary, that ought to be allowed to influence the decision of the legis
lature. The destruction of the Penitentiary building is in fact, hardly en
titled to he regarded as a calamity to the institution in any other light than
as it. has had the effect of endangering ihe continuance of the system in the
State. They were illy contrived and singularly unadapted to the purposes
fir which they were constructed. And the committee have no hesitation
in saying‘that when the 75.cells, now nearly constructed under an ap
propriation of the last session, shall be finished, and workshops of sufficient
extent completed for the employment of the convicts, the institution will be
in a decidedly better state as to the structures connected with it, than it was
Avliilst the huge and unsuitable buildings originally put up, Avere standing
An inconsiderable appropriation Avill be sufficient lor this purpose, which
they recommend lo he made. Into the details on this subject, and others
connected with police and fiscal managethenf of the Penitentiary, the com
mittee have not deemed it their duty to enter ; regarding those matters as
more properly appertaining to the standing Penitentiary Committee.—-
They therefore beg leave to present only the following resolution :
Resolved, That it is inexpedient for this General Assembly to pass any
laAv changing the mode of punishing crimes now punishable with Penitentia
ry imprisonment.
HEIGHT
Of the Judieianj committee on the Communication of the Governor,
relative to the Citat ion from the Supreme Court, in the case of the
JHissi&navies.
The committee to whom was referred, the communication o.
tiis Excellency the Governor, transmitting to the General Assem-
igu fJtaiGaj aau Lx/ a vnaiiGii tin > iaiG bi aj^ctu
in the Supreme Court on the second Monday in January next, to
' shew cause before that tribunal, why two several Judgements
should not he set aside, Avhich have lately been rendered in the
Superior Court of the county of Gwinnett, against Samuel A.
Worcester and Elizur Butler, for a violarion of an existing law of
the State, committed within its jurisdictional limits; also of a pa
per purporting to be a notice, signed by William Wirt and John
Seargent, as counsel for Samuel A. Worcester and Elizur Butler,
informing his Excellency the Governor, of an intended applica
tion to the Supreme Court for a hearing on writs of error filed by
said Worcester and Butler—
Beg leave to recommend to the General Assembly, the adop
tion of the following resolutions, viz:
Resolved by the Senate and House of Representatives of tht State
n _ *'* /» ? f rn i ! o , p i .
C Q ^ _
without having taken a licence from the Governor, and without
taking the oa h to support the Constitution and laws ol' Georgia,
under which Samuel A. Worcester & Elizur Butler, were convic
ted at the sitring oi the last Superior Court of Gwinnett county,
is not in violation of either the letter or the spirit of the Federal
Constitution:
That the State has right of civil and criminal jurisdiction over
the whole of 1 lie lands within her chartered limits, and that her
jurisdiction does oi right, extend to the persons and things with
in these limits.
That “the powers not delegated by the constitution to the Uni
ted States, nor prohibited by it to the States, are reserved to the
States respectively.” Aud that a right to interfere with and con
troul the criminal jurisdiction of the States, has not been delega
ted by the constitution, to the United States or its Courts; nor is
the right ol exclusive and final jurisdiction in all criminal cases,
prohibited by the constitution, to the States.
That by the constitution of the State of Georgia, final and con
clusive jurisdiction in criminal cases, is vested in the Superior
Courts of the several counties of this State; and when tneseCourts
have pronounced the sentence of the Jaw, no Court has the right
to rehear, overrule and reverse their decisions; or in any way im
pede the execution of their decrees.
That any attempt to reverse the decision of the Superior Court
of Gwinnett county, in the case of Samuel A. Worcester and
Elizur Butler, by the Supreme Court of tbe United States, will be
heid by this State, as an unconstitutional and arbitrary interfer
ence in the administration ol her criminal laws, and will be trea
ted as such.
That the State of Georgia will not eompromit her dignity, as a
ivereign Sia‘e, or so far yield her rights as a member of the con-
Stoke Courts in criminal matters.
1 liat his Excellency the. Governor* lie, and he and every other
o.iicer ot this State, is hereby authorised and requested to disre
gard any and every mandate, order, process, or decree, that has
been or shall be served upon him or fcem, purporting to proceed
from the chief Justice or any associate Justice of the Supreme
Court of the United States, for the ptrpose of arresting or im
peding the execution of the sentence of the State Courts, in
criminal cases. I
That his Excellency the Governor,i>e and he is hereby author
ised and required, with all t he power aid means placed at‘His com
mand by the Constitution and laws of this State, to resist and re
pel any and every invasion, from wh/terer direction it may cornel
upon the administration-ol tbe crimik^l lavs of this /Skate.
LEGISLATIVE.
IN SENATE,
Saturday, Doc. 3rd.
ELLS PASSED.
To reduce the lees on Head right grants.
To establish two election Districts in the county
of Laurens Ste.
To reino\ r e the county site of Baker county to
Lot No. 17-2 in the 8th district ol sa : d county.
To establish three election districts in the county
of Baker.
To regulate the transportation of Gun Poav-
der.
To repeal the act to add the Academic funds ol
the county ofTellalr to the Poor School fund of said
county.
To alter and amend the act to regulate the
licensing of Physicians in this State..
The Bills to lay out and organize a new divis
ion and tAvo brigades of Georgia militia—To add a
part of Fayette to Dekaib county,—To add a part
of Henry county to Dekaib, were respectively neg
atived.
Monday, Dec. 5th.
Mr. Coxe had leave to introduce instanter a Bill
furtlier to amend the act to incorporate the Bank
of the State of Georgia.
Mr. Stewart had leave to introduce instanter a
Bill to arganize a volunteer company of Cavalry to
be named the Glynn county Huzzars.
The President submitted a communication from
John Bethune, Surveyor General stating that he
had erred in estimat ing the number of districts in
the Cherokee Territory at 96; there being but 93,
and that as 96 district Surveyors had been elected,
some legislation on the subject might be required.
BILLS REPORTED.
To establish two additional election districts in
the county ofRahun.
BILLS PASSED.
To Separate and divorce Rebecca T. Warner,
and Leonard G. Warner her husband.
To incorporate the Lancasterian or monitorial
Free School of Columbus.
To make permanent tbe site of the public Build
ings in tbe county of Randolph at the town of
Cuthbert.
To incorprate the toAvn of Thomasville in Tho
mas county.
To amend in part 1he 9th Section of the act to
establish the Central Bank at Milkdgeville.
Twenty-four Bills Avere read the seeond time and
ordered for a third reading.
Tuesday, Dec. 6tli.
Mr. Wood presented an extract from the pre
sentment of the Grand Jury of McIntosh county,
relating to tiie Free Colored population of said
county.
Mr. Anderson from the Military committee made
a report on the condition of the militia, and also
report a bill to provide for the improvement of the
militia system of Georgia.
Mr. Branham, from the Comrrfftlee on Banks,
made a report on the state and condition oi’ the
Bank of Augusta, Planters Bank, Bank of Colum
bus, Merchants and Planters, and Bank of Ma
con.
BILLS REPORTED.
To ad 1 a part of the comities of Dtlvalb and
Fayette 1o the county of Campbell.
Mr. 'Towns reported instanter a Bill to repeal in
part the act for the limitations of actions, and for
avoiding suits in Law &x.
BILLS PASSED.
To separate and divorce Nathaniel Perritt and
his wile Sally Perritt.
The Senate took up and agreed to the report on
the Bill to grant relief and indulgence to the pur
chasers of public land®.
To return such public hands as were originally
purchased for the use ol’the river Altainaha to the
opening of a Waggon road from Darien to Macon
and Milledgexrille.
Several Bills Avere read the second time and or
dered for a third reading.
IIOTSE OF REPRESENTATIVE?,
TilURSDAA”, Dec. 1.
Committees were appointed to prepare and re
port Bills, agreeably to previous notice.
Mr. Glascock offered the following resolution.
Resolved, That his Excellency ihe Governor, he,
and lie is hereby respectfully requested to lay be
fore this Branch of the General Assembly, any in
formation in his possession in relation to our In
dian affairs, Avhich he may deem proper to commu
nicate, together with his own views on the subji ct,
so far as he may be pleased to express them ov
deem them calculated to aid us in our deliberations
on the measures most expedient or proper at the
pr esent time, to promote the interest and vvellare of
the State and the Indians.
Mr. Howard offered a substitute in substance the
same, which was adopted.
BILL PASSED.
To amend the act regulating Jury’s and Attor
ney’s fees in this State.
Bills read the second time.
To declare the Iuav concerning contemnts of
courts.
The bill.to establish election districts or precincts
in the counties of Twiggs, Washington, Franklin,
A bill to amend the act to provide for the improve
ment of the roads and rivers ol this State.
To add a.parf of Hancock county to Baldwin
county.
To alter so much of the 17th section of the first
article of the constitution oi this State, as requires
the caption and body uf an act to agree.
Friday, Dec. 2.
Mr. JMyres presented a petition from sundry ci
tizens of Savannah, praying for on appropriation
to construct a bridge across the Savannah river
near Savannah, which was referred to the commit
tee on Agriculture and Internal Improvement.
Mr. Pettit laid on the table certain resolutions,
providing for the appointment of a military board,
to assemble at Mitledgeville,. for the purpose ol’
drafting a code of militia laivs for this State.
On motion of Mr. Habersham:
Resolved, That his Excellency the GoA r ernor, be,
and he is hereby respectfully requested to furnish
to this branch of the General Assembly, as lhr as
he can, from such information as may lie found in
the Executive Office, a statement shewing the dii-
lerent roads on Avhich the public bands are now
working, the number of bands employed on each,
and the number of miles on each which have been
finished, and Avhether it is probable that any one or
more of the roads will be completed during tjRe
current year, and which?
A report Avas received from the committee cm
Banks, recommending the Legislature to instruct
our Senators and Representatives in Congress to
oppose the rc-chaitcring of tbe United States
Bank.
NOTICE FOR BILL.
By Mr. Willis: To levy and collect a tax for the
political year 1832.
The House went into committee ol the whole,
Mr. Murray in the Chair, on tbe bill to authorise
the survey and disposition of the lands in the li
mits of Georg a, occupied by the Cherokee Indians;
and after considerable debate, the committee repor
ted progress, and had lea\ T e to sit again. '
BILLS REPORTED.
To manumit three negroes in conformity with
the last willofTffiilip Brantly, sen’r. dee d.
To alter the act to define tiie liabilities of securi
ties on appeal, on stay of execution, and lor tic
protection of bail on recognizance, bond, or other
contract.
Mr. Powell introduced instanter, a bill to incor
porate a Volunteer Patrole Association, in the coun
ty of McIntosh,.under the name and stvle of the
Corps of Vigilance.
A bill to attach a part of Houston county to tiie
county of Crawford.
Mr. Habersham reported instanter, a bill to pro
hibit Pedlars or itinerant traders from a> in ling
goods, wares, or merchandize in this State, &e. &.c.
To establish a State Library.
Report of the Committee ou the State of the
Republic, on-the subject of the following resolutions
from the State of Delaware :.
EXECUTIVE DEPARTMENT,
Georgetown, March 4th 1831.
SIR,—I have the honor, herewith to transmit i
vour Excellency, a copy of the Resolutions of the
General Assembly of the state of Delaware, in rela
tion to the Tariff of the United States, and to Inter
nal Improvements.
Very respectfully, I have the honor to be.
' Your ob’t. serv’t.
DAVID HAZZARD.
To His Excellency, the Governor
Of- the State of Georgia.
IN THE GENERAL ASSEMBLY,
January Session, 1831.
The Committee to whom was referred so much
of the Governor’s message as relates to the Tariff
and internal Improvements; and to whom was a Is >
referred sundry-Resolutions of the General Assem
bly ol’ the Suites of Pennsylvania, Connecticut,
Louisiana, Ohio and Kentucky approbatory of-th.:
Tariff of 1S28, have had those subjects under con
sideration, aud beg leave to report tire following re
solutions :
Resolved by the Senate and House of Represents
tires o f the State of Delaware in General Assembly
met, That this General Assembly do concur in flic
Resolution of the General Assembly of the State <.f
Pennsylvania, by which it is declared, “that the
Tariff of eighteen hundred and twenty-eight ac
cords with the spirit of the Constitution of the Flil
ted States, and that it maintains the true principles
of protection to the industry of the country against
foreign policyand legislation;” iuulalso in the opin
ion of the General Assemblys of the States of Lou
isiana and Vermont in Avhich. they have declared
the laAvof 1828, on the Tariff, to be expedient and
harmless to the southern Stales.
Resolved, That tbe Construction of works of In
ternal Im])roA r emeot by Congress, is, in tiie opin
ion of this General Assembly, not only within die
Constitutional powers of the Congress of the Uni
ted States, but that tbe exercise of such powers m
highly expedient.
Resolved further, That the Governor of this
State be requested to transmit copies of the above
resolutions to our Representative and our Senators
in Congress; and also to forw ard a copy to the Go
vernors of the'several States, with a request that
1..J! ... *b. . • T
Habersham, Madison, Henry, Stewart, Newton, i they will lay the same before their respective Lews.
Early, Jones, Monroe, and Campbell.
To amend the act prescribing the manner of
holding elections in the several election districts
in this State.
To authorise the Justices of the Inferior Court
of Wilkes county, or a majority of them, to hire or
purchase negroes to improve the roads and bridges
in said county.
To prevent the introduction of slaves into this
State, alter the 1st of January, 1832.
To incorporate Volunteer Companies in tins
State.
To amend the se\~eral acts regulating the court
of common pleas for the city of Augusta.
tines.
Adopted: January 12, 1831.
JOSHUA BURTON,
Speaker of the House of Representatives.
P. SPRUANCE, Jr.
Speaker of the Senate.
MR. HOWARD’S RESOLUTIONS.
The committee to whom was referred sundry
resolutions from the State of Delaware, in relation
to the Tariff of 1S23, have given to those resolu
tions their careful attention, and beg leave to recom
mend the adoption of the following resolutions:
. . , Resolved by the Senate and House of Represenla-
To incorporate the Georgia'Eu-i/w'' T ""P or ’f f he ^
Comnanv. 1 fe,a ' ° u W -Wo a -*»..• G^ecrgUCm ercritoiti Asstaw. ,
To coniivl nlalndfV* tr. at™ v* * , J n } et ’ That the Tariff of 182°., does not accord AvitU
and securitv tn mvwln™ gahty, to give .bond the spirit of the'eonstitution of the United States*
on ^ * .personal property levied | but (when the object, and and efljjct of theaetis con-
To amend the act to compel Jod-ma of the So 11?’!' vi ,' ,la<ion f. U ‘ , ,
nerior Court.! ft,;. ; ~ 1 l , i!C ^ n_ 1 hat it is inexpedient, oppressive, unequal, and
Srlprnlnt h 8taf< ; U> cmiv ™ e at tho «at destructive to the great leading interests of the
of S3S2r* nt °T "* ™r h - V ? ar ’ l,,r " l0 W** Sooth—pecuniary and political,
of establishing uniform rules of practice throimh- — 1 — J - *
out this State, &c. Stc. °
To alter and amend the Estrav Lnivs.
To layout and organize a new county from the
counties of Houston and Marion.
To admit certain persons to plead and practice
law m this State.
To amend the act to charter the Augusta Insur-
a nee and Banking Company.
To alter and amend the* act incorporatim* the
Savannah, Ogeeche, and Altamaha Canal Compa-
To establish a Bank at Fort Gaines.
To alter the Judiciary act of 1799, so far as to
authorise the granting of appeals and new trials in
certain cases.
o organise a new county out of all the lands
Iving west of the Chattahoochie river, and north of
Carroll county line, within the limits of Georgia.
A message was received from the Sena te, inform
ing the House, that the Senate had agreed to re
solutions, offering a reward of 5000 dollars, for the
arrest and convicting under the law’s of this State
itf flip TtTrliirti* il i• z* **
That each State of the confederacy, is in the full
xcrcise of all rights of soyereignU’~ except such
rights as have been granted to the' United States,
in the Federal Con?tnutio/i;
I nat the right to impose duties upon articles of
trade, for the protection of domestic industry has
not been granted to the Federal Government, by
Ihe Stales, in the FeReraf Constitution; nor’can
such right be yielded, so far as >the people of Geor
gia are concerned. •
1 hat in case ol a palpable And dangerous yiola-
tion of the Constitution, csoh Sistc, in {(8 soverei
capacity, has a right to judge for itself and pro
nounce upon the constitutionality of the acts ol’the
Congress of the United States; Aiid each State in
its sovereign capacity has the right to judge of and
act upon tiie mode as well as’ the measure of its re
dress.
That when in the course of Federal Legislation,
it becomes necessary for a State to pronounce upon
the constitutionalitytif an act of-Congress, and to
prescribe to herself the mode, as well as the meas-
&c See bCTl °-’ Pushed m Massachusetts, I cy, having exclusive reference to the consequences
[ which may grow oqt ©f that rig#:*