Newspaper Page Text
D-uiotu.ty, te fit !..i I vvJ J.y » if uec. trf .n ,\i
to aifow all
Bloodworth, of Pike, offered ft substitute |
the Justices Courts of this State to sit for two days, if
neccssarv. The substitute was accepted Mr Gib-
sou of Richmond, stated that the bill was in a crude
•tate, and he wished it referred to the Committee on the
Judiciary. On motion the bill wag referred.
A bill, to collect iuterest on open accounts the game
as if they were liquadated demands. On motion, the
bill was referred to the Judiciary Committee.
A bill to incorporate the town of Camilla, in the coun
ty of Mitchell. Passed.
A bill to regulate tavern and retail licence of this
State. A debate of more than an hour resulted on the
reading of the bill. The Report of the committee of
the whole House, was agreed to. the bill recommitted
and amended bv making the provisions of the onl ap-
plv only to Elbert aDd Marion counties. 8*'peateo mo
tions were made to adjourn until « ® c i? ok >„ ° ? ta *l
94 o’clock, 10 o’clock, but all M''d. Mr. Harris of
Worth, said that he was willing to remain here if the
members would dispose of the bill, but be was unwill
ing to remain and tear the dry debate which was to no
purpose. Oil motion, the bill was laid on the table for
^MrAPtanon, 0,1 motion, was added to the Judiciary
Committee. , , , .
The Senate adjourned until It) o clock to-morrow.
Wednesday Morning Nov 10th.
The Senate was called to order at 10 o’clock
with Hon. W. H. Brown President pro tcin. in the
chair.
The rules were suspended for the purpose of
introducing a bill by Mr. Wooten, to allow the
Justices oflnfcrior Court of Lee county to levy
an extra tax for the purpose of building a new
Court House.
Third reading of bills being in order the fol
lowing bills were read and acted upon.
A bill to alter the 1st section of 3rd art of the
Constitution. The committee on Judiciary re
turned the bill to the Senate with the recommen
dation that it do not pass.
This bill contemplates the abolishment of the
Supreme Court.
Mr. Slaughter said that the bill does not affect
the object intended and the Senate was not ready
to act on such a bill. Removed that the bill be
laid on the table for the balance of the session.
Mr. Thomas said that he was not prepared to
actupon so important a bill without some deliber
ation; he did not want to be forced to vote on it
now. He moved that the bill lie on the table
for the present. Which motion was agreed to.
A bill to alter the law in regard to notices of
insolvent debtors. The Committee on Judiciary
offered to amend by inserting the words to adver
tise in the paper in which the Sheriff advertises.—
Algo amended fay Mr. Harris of Merriwether by ma
king the bill not applicable to causes in suit at the
present time, to make its action prospective. The
committee reported in favor of the passage of the
bill as amended. As amended the bill was passed.
A bill to require the Justices of the Peace of | tojj chance than others : they^oome
Dawson county to make additional returns of poor ’ ’ ’ ““ *
school children. Amended by making the bill ap
plicable to Dawson county for the future.
A bill to allow bail to free persons of color and
slaves, and to compensate counsel for the same.
Amended by the Judiciary Committee by insert
ing certain conditions.
On motion of Mr. Hill, of Harris, the bill was refer
red to a cominittae of three. That committee are
Messrs. Hill ofHarris, Whitaker and Colquitt.
The Senate adjourned until three o'clock this after
noon.
3 O’clock, p. in.
The Senate met.
Mr. Smith of Hancock, moved to suspend the rules
tor the purpose of uiird reading of a bill to incorporate
the Washington High School—agreed to.
The bill was taken up—Mr. Smith of Hancock then
offered a substitute, which was agreed to. The sub
stitute was read and passed. Onmotiouit was sent to
the House of Representatives immediately.
On motion of Mr. Mallard the rules were suspended
for the purpose of taking up a bill to incorporate the
Church of Walthoursville, in Liberty. The bill was
read the third time and passed.
Thirdreadiug of bills being in order, the followiag
bills were read a third time and acted upon.
A bill to lay out a new county from the counties of
Walker and Chattooga, called Echols. On tiie passage
oftlie bill a violent debate arose,in which some person
alities were made use of.
Messrs Gordon, Shropshire and Cochran partici
pated—as it was rather personal in its character we
will not attempt to report what was said. A peti
tion was read from some citizens of the new coun
ty. Mr. Riley said that if the people could not get
down the mountain any other way let them slide
down. He w as opposed to cutting up other peo
pie’s county when they were opposed to it. Mr.
McConnell wanted to say a word ; it was a free
fight; he wanted his say so too. The Ridge was
a great deal in the way. People could pass it but
not with any convenience - Mr. Williams, of Ter
rell—he wanted a majority of the people of the
counties accommodated ; would the Senate violate
the wishes of the majority.
Mr. Dawson opposed the cutting up of the coun
ties, under such circumstances. Mr. Harris, of
\V >rth. also gave the position of Dr. Young. Mr.
Bloodworth of Pike, stated his reasons for voting
Yes Mr. Graham also stated his reason for
voting No.
On the calling of the Y’eas and Nays, the yeas
were 40, nays, 67. So the bill was lost.
The Senate adjourned until 10 o’clock to-mor
row morning.
Thursday, Nov. 11th, 1ft o'clock, A. JI
Corrections.— On yesterday we called the
new county formed from Lowndes and Thomas,
Butler, the name of it is Brooks : the name of the
county site Quitman. The bill was passed, prin
cipally through the efforts of the efficient Senator
from Lowndes, Mr. West.
The Senate met pursuant to adjournment.
The journal was read and Mr. Shropshire moved
to reconsider so much of the Journal of yester
day as refers to the rejection of the bill to lay out
a new county from the counties of Walker and
Chattooga to be called Echols county.
On the motion speeches were made by Messrs.
Shropshire. Whitaker. Bloodworth of Pike, Gor
don, Cochran, Billups, and Adams of Elbert.
We will not attempt to report the debate, as it
was rather personal in its nature. On the call of
the yeas and nays, the yeas were 49, the nays
were 59, so the motion was lost.
A message was received from His Excellency
the Governor through Mr - McComb his Secretary,
in relation to the Penitentiary. On motion the
message was taken up and read.
On motion of .Mr Reynolds of Newton, the
rules were suspended for the purpose of reading
a House bill the 1st time. To allow the Ordinary
of Gordon county to sell the prop erty of Jas.
Longs treel.
Mr. Crowder moved tojtake up a bill to give cer
tain powers tc J-osaphina H. Jackson, which was
taken up and read 2d time.
On the call of counties Mr. Adams of Elbert, in
troduced a bill to alter the county lines between
Elbert and Hart.
Mr Ashley to make the Sheriffs make returns of
all fieri facias to the Clerk of the Court, on or
.before the 3rd day of the term.
Mr Bloodworth—A bill to amend the divorce
laws of this State.
Mr Colquitt—For the relief of Jno B Griffin.
Mr. Cumbie—A bill for the relief of Amy
Clarke. Also to define the manner of disposing
of the Poor School funds of the county of Baker.
Mr Drake—To amend the road laws of the coun
ty of Oglethorpe.
Mr Edmonson—To alter and amend an act in-
icorporating the Dalton and Copper Mine Plank
and R R. Co.
Mr Fambro—A bill to alter the Constitution so
as to reduee the number of Representatives aud
.Senators.
Mr Beall—To allow the Ordinary of Warren
county to sell the property of Robt. McNeil.
Mr Gibson—To amend an act compensating the
Tax Receiver of Richmond.
Also, to allow the Jailor of Richmond county
to collect fees from persons at whose instance any
person is confined for debt. Also a bill to allow
the Ordinary of Richmond .county to charge and
collect certain fees, A c. Also to allow Guardians,
Trustees, &c.. to invest the property of their
wards. &c, of Richmond, in the city bonds of j
Augusta.
Mr Hammond—To suppress .fraudulent titles to i
Lotteried Land in this State.
Mr Hill of Harris—A bill-to eonfer certain priv- i
ileges upon Wm A Barton of the county of Mus- j
cogee making him liable for his oontracts.
Also, a bill to alter the law in regard to the fore
closure of mortgages in the .State, altering the
law entirely.
Mr Holcombe—A resolution requesting onr
Representatives and Senators iu Congress to use
their efforts to procure a mail line from certain
points.
Mr McConnell—A'bill to authorize the appoint
ment of a master in Equity in the several coun
ties of Cherokee Circuit.
Mr Atkinson offered a resolution asking the
Governor to subscribe to DeBow's Review from its
foundation in 1846tothe present time, for the use
of the Library,
Mr McDuffie—A bill to add the county of Wil
cox to the 2d District. (Congressional.)
Mr Paine—To allow the late Tax Collector of
Telfair county to make legal titles to certain lands
Also a resolution that hereafter the Senate meet
at 9A o’clock, A. M., and adjourn at 24 P. M.
Mr Roberts—To alter the county line of Cobb.
Mr Slaughter—A hill to alter the law in regard
to Executors, Ac. Also to make rules absolute
•gainst officers more secure, and to give the offi
cers control of the executions.
Mr Spalding—A bill for the relief of the secu
rities of Geo Wayne former Tax Collector of Mc
Intosh county.
Mr Stowers—To amend the law incorporating
<the town of Hartwell in Hart county.
Mr Tread well—A hill for the protection of for
est trees in the county of Whitfield.
Mr Tucker—A resolution that after Monday the
genate shall meet at 94 A. M. and 24 P. M.
Mr. 'Walker: A bill to allow Walker Adams, to
peddle without license.
Mr. Westbrook; A hill to allow the Justices of
Haralsoa county, to raise an extra tax tor the pur
pose ofpaywg the debts of said county.
Mr. Ward; A bill to appoint Commissioners to
settle disputed county lines in this State. ’
tf Mr. Whitaker: To alter the criminal law of this
State, in regard to the order of calling up such
cases: also, to amend tbe act incorporating the
Bank of Fulton, repealing the 19th section of said
act: also, a resolution requesting the Committee
on Banks, to report some manner of compelling
the banks to obey the laws of this State.
Mr. kouugoi Irwin: To alter the lines belwcti.
the counties of Irwin and Worth.
Mr. Young of Union: A bill to lay out a new
county fioin Union, Fannin and Gilmer, no name
suggested: also, a bill in regard to naturalizing
aliens.
Mr. Harris of Worth: To defiue the county lines
of Worth.
Mr. Briscoe: A hill to change the times of lidd
ing the Inferior Courts of Baldwin county, from
the 2d to the 3d Mondays in May and November.
Mr. Cooper of Scriven: a motion to refer so
much of the Governor’s Message, as refers to Lot
tery Tickets, to a special Committee of 3. agreed
to: that Committee are Messrs. Cooper, Briscoe,
and Gibson.
Mr. Smith of Hancock: to refer so much of the
Message as refers to the Report of Judge Thomas
to the Judiciary Committee.
Mr. Whitaker moved to suspend the rules and take
up a resolution to request the Judiciary Committee to
report some bill to compel the banks to make their re
ports—agreed to.
Mr Atkinson moved to take up u resolution to request
the Governor to subscribe to DeBow’s Review. The
resolution was taken up and read.
Mr Harris of Worth moved to amend the resolution
by inserting, "also to subscribe for 2000 enpies of the
Christian Advocate for the use of the State."
Also Mr. Fambro wished to amend by inserting "also
to subseritie for five hundred copies of all papers print
ed in Thomaston, Ujison county.’’ Mr. Atkinson
rejoined that if the gentietnau wished to throw
ridicule on the motion, he had been to the Library of
Georgia, and wanted the Review aud it was not there;
was it not necessary ? No library was complete without
it. We were entirely too iqit to encourage European
and Northern journals ana not our own. This was a
Southern work; he was surprised at the gentlemen.
Amotion was made to take up resolutions laying on
the table—agreed to.
A resolution requesting our members of Congress to
procure the establishment of an armory in Georgia.
Mr. Harris of J/erri wether moved the adoption of the
resolution,in a speech abounding in sound argument,
showing our defenceless position in case of a war.
Mr. Wileher wasiu favor of the resolution.
Mr. Ward, of Butts,said that lie was in favor of the
resolution.
X resolution that the Senate: would not entertain any bill
ncorporating churches, Ac.
Mr. Bloodworth, of Pike, wanted to amend by mak
ing it not applicable to bills now in progress.
Mr. McDonald wanted the resolution referred to the
Com. on Judiciary. Several oftlie members had told
the .Senate that some of the Judges Imd refused to in
corporate because they had doubts ns to tiie constitu
tionality of the law. It e was no lawyer, but wanted no
such objections to be raised ; he was as much opposed to
local legislation as any one, but he wanted the question
to be investigated.
Mr. Slaughter said tiiat the Supreme Court had deci
ded that question already, and Unit there was no doubt
on the subject, as it is now settled.
Mr Fields said that he did not consider tiiat the law as
passed does not give full power to the courts.
Mi Paine said t hat some of the members have a bet-
„ up mid introduce
bills to incorporate churches, Ac, when the rest arc com-
j polled to go to the Inferior Court.
i Mr Ward, of Butts, said that all understood that Mr
-Mallard's bill was an exception rather than a rule.
Mr .Mallard said that his bill had been introduced be
cause the court had refused to grant the charter.
Mr Williams, of Terrell,said that lie wanted the reso
lution referred to the Judiciary committee; why should
the Senate bind itself to such a course of action without
investigating the question : he renewed the motion to
refer tlx bill to the Judiciary Committee.
Mr. Fields said that he would consent to the wishes
oftlie gentleman from Terrell, as a question of the con
stitutionality of the resolution had arisen.
Mr. Whitaker said let it be referred.
Mr. Slaughter said it was unnecessary, be hoped
that it would not be referred
Mr Hill, of Sumter.—To alter the times ot hold
ing the •Superior Courts of Sumter county.
Mr Gibson—To alter the law in regard to insol
vent debtors and casa’s.
A bill to appropriate money to the payment of
the Judges of the Superior and Supreme Court’s,
not included in the law of the last year, also to
compensate K K Hines, for copies of bis forms;
also Mr. Reese for copies of his manual. Which
was passed.
Several gentlemen moved to stipend the rules. Mr
Cone said, that there was a time for everything,
and tie wished everything in its time. By this
species of accommodation to the different mem
bers, at the heel of the session business crowded
on us so rapidly, that we always left the capitol
with more than one half of the business incom
plete. Several members spoke on the motion and
the rules were suspended. A hill for the relief of
Josephene H Jackson, amended, passed and trans
mitted immediately to tlie H. of H's. as amended.
Several gentlemen were granted leave of ab
sence.
A resolution requesting our members of Con
gress to use their influence to obtain the establish
ment of certain mail lines from Canton,Cherokee
county, to Dawsonville, Dawson county, which
was agreed to.
Regular order being reading 3d time of bills,
the following bills were read and acted on :
A bill to change the county lines between De-
Kalb and Fayette counties. Passed.
A bill in regard to the manumission of slaves—
made special order for Monday next.
A bill to change the lines between Coffee and
Irwin counties—passed.
A hill to authorize the holding of the Justices
Court of the 411th Dist of Hall for two days, and
for other purposes.
On motion a substitute, which is a genera! bill,
was adopted in lieu of the original. Amended
by appointing a Constable’s sale day. As amended
passed.
A bill to permit the collection of interst on open
accounts the same ns on liquadated demands—
passed.
A bill to define the lines between Miller and
I Early counties. Mr C'oliier offered to amend by
inserting certain names of citizens of Early. Sir.
Bush opposed the amendment. Several spoke on
the motion, and several amendments were offered,
after the call of the previous question was sus
tained, the yeas and nays were called on the bill
as amended. The yeas are 58 the nays arc 3ft.
so the bill was passed.
The Senate then adjourned to meet the House
for the purpose of electing a Director of the State
Bank of Georgia.
After the Seriate returned from the House, the
rules were suspended for the 1st reading of bills :
A bill to amend the act incorporating Marshall
College in Griffin was read 1st time.
The Senate adjourned until 1ft o’clock to-mor
row morning.
[See Saturday proceedings in another column.]
they, with theft: WudreJ fiiils. are each in the
hands of the appropriate committees, andjjwhen
the committees report, as they will soon do, a hill,
it will be printed entire.
Also, a bill to amend the laws in relation to tax
defaulters, tax upon Bank Agencies iu this State,
tax upon lottery offices and the ticket venders of
the same. To alter the oath of Tax Collectors
&c., Ac.
To repeal part of an Act establishing District
Courts in this State.
Mr. Powell, to allow Constables in any District
to levy executions in any other District in liis
county.
Mr. Grovenstein of Effingham, to extend the
Jurisdiction of Justices of the Peace.
Mr. Lewis of Hancock, to compel Judges to
write out their instructions to Juries, Ac.
Mr. Hi lden of Taliaferro, to regulate the laws
in relation to insuring property, Ac.
Mr. Hillyer. for the relief of Mrs. Mary Ann
Chapman, of the county of Hall.
Mr. Young of Walker, to repeal an Act amend
ing the patrol laws of this State so far as relates
Walker county. Also, to appropriate money
HOUSE.
Monday Morning, Nov. 8, 1858.
The House met this morning at 1ft o'clock. The
rolled being called, the journal was read and the
House proceeded to business.
Hills Introduced. ’
Mr Graham, of Appling, to incorporate Chappell
camp ground, iu Appling county.
Mr. Kenan, of Baldwin, to alter 1st section ol
i the 3d article of the Constitution.
Also, to appropriate the nett earnings of the
Mr. Williams said there was a question and he Western and Atlantic Rail Road, to the payment
wanted it investigated. oftlie debt of the State, and to the reduction of the
Mr. Tucker said that he was opposed to the reso- taxes of the people,
lution: we had taken up more time in discussing Mr. Lockett, of Bibb, for the support of the pu-
| this question than would have been taken up in piis of the Georgia Asylum for the blind,
passing tiie bills: j Jlr. Maddox, of Bryan, to alter {the patrol laws
Mr. Briscoe, said that hej would read from the of this State, so far as relates to Bryan county.
decisions of the Supreme Court a clause or so,
that would satisfy every member of the Senate;
which clauses he read; and they they were very sat
isfactory, indeed, and decided the very clause in
question.
llie clauses from the 14th Vol. Georgia Reports, R a jj Road
Jlr Embry, of Carroll, iu relation to the jurisdic
tion of Justices of the Peace: raising their jurisdic
tion to the amount of $1 lift.
Mr. Boggess, of Carroll, to aid in the construc
tion ofthe Savannah, Griffin, and North Alabama
Page 80, in the case of Franklin Bridge Co. vs
Joung Wood. Head Notes. The point raised
was that the Company, which was incorporated
according to a law passed in the year 1843, amen
ded in I “45, was not incorporated; as the law was
unconstitutional and void, 1st., In England corpo-
; tions are created by act of Parliament. 2d, The j terms when necessary.
A message was received from the Senate through
their Secretary, Mr. Terhune, notifying the House,
that the Senate had concurred in certain resolu
tions adopted by this House.
Mr. Bell, of Campbell, to allow Judges of the
Superior Courts of this State to bold adjourned
|t . .. . . .
to construct a wagon road across Taylor’s ridge,
Ac.
Mr, , to repeal all laws chartering lotter
ies in this State.
To add an additional Section to the Constitu
tion of this state, authorizing no appropriations
of the public money to any other purpose than
paying the expenses of the government, without
first taking the popular vote.
Mr. Cannon of Wayne, to alter the time of
holding Inferior Court of Wayne county.
Mr. Fortner of Wilcox, to prevent non-resi
dents of Wilcox and Irwin counties from camp-
liiuitiiig in said counties.
Mr. Irwin of Wilkes, To increase the salaries of
Attornies and Solicitors General in this State.
To repeal an act respecting the trial of slaves by
the Superior Courts.
Also relative to the division of property by Guar
dians, Administrators, Ac.
To vest life estates, Ae.
Relative to the issuing of executions.
For the employment of auditors in certain cases.
For the relief W. M. Reese, Ex’rAc.
To amend the laws establishing the Supreme
Court of this State.
Mr. Findlay of Lumpkin, Resolutions to estab
lish certain mail routes. Adopted and transferred
to Senate.
Mr. lvendell s resolution allowing the State
Treasurer to pay to the Mt. Vernon Association
certain moneys Ac., was ruled out of order, when
he introduced a substitute in nearly or quite the
same words—it was also ruled out ot order.
Bills Head Third Time.
To allow persons to contract for money at any
rate of interest. Referred to Judiciary committee.
To compensate Grand and Petit Jurors of Tatt
nall an 1 Columbia counties.
Mr. Lewis of Green, did not desire to appear cap
tious, but as there was a general law on this sub
ject, he did not think we should clog legislation
by such bills. He read the general law. The hill
was laid on the table for the balance of the
session.
Pending the discussion upon the adoption of a
Resolution, appointing a committee, to examine
into, and report upon a site for the erection of a
Penitentiary, provided it should be removed, the
House adjourned to 3 o’clock, this afternoon.
To establish a new county out of Fayette and
Henry counties.
To alter and amend certain portions of the Con
stitution.
Mr Bigham offered a resolution requesting our
Senators and Representatives in Congress to use
their influence to havo certain moneys retunded
which Georgia had paid out for military services,
Ac Referred to committee on Military Affairs.
A resolution of the House for the establishment
of certain mail routes, as amended by the Senate,
was passed.
, Leave of absence for a few days was granted
Mr Gordon of Chatham.
A number of House and Senate hills were read
a second time.
The House adjourned to 94 o clock, A. M., to
morrow.
I Legislative power of our State is vested in the
| Legislature, Ac. 3d., Can the Legislature trans-
Mr. Neal, of Cass, to compel grand jourors to re
turn all offences which came under their knowl-
er the law-making power to say other body? edge for six months prior to the sitting of the Court
| tpicry. 4 th, In England, it is now well settled,! for which they are sworn as jurors,
that the King may delegate this power to others. Mr. Spray berry, of Catoosa, to increase the pow-
I Ac., Pennsylvania and Missouri bad recognized 1 tr s of Ordinaries of this State.
the principle, Ac.
! amendments of 1845
charter is legal and valid, Ac
Mr. Whitaker rejoined in
5th., The act of 1843, and Mr. Kirby, of Coweta, to
are constitutional and the Guards, military company.
allow the Newnan
if Coweta, to receive
honarary members with certain exceptions. Ac.
a speech of some j Mr. Roberts, of Cherokee, to alter the road laws
length, hut such was the noise kept near us that relative to warning hands, so far as relates to
could not gather what he said
On motion the Senator from Cherokee was add
ed to the Committee on the Military.
On motion Mr Harris of Meriwether was added
to the Committee on Judiciary.
Pending the discussion the Senate adjourned to
i o’clock, P M.
3 o'clock. P. M.
The Senate met pursuant to adjournment. The
President announced that the unfinished business I
of the morning was first in order.
Mr. Tucker of Stewart, said that it made little or
no difference with him what action the Senate took
on the question, it would still, if referred, have to
be again brought before the House; he wanted the,
resolution acted upon; if the House rejected it, it (rivers
Cherokee county.
Also, to define duties of overseers of roads in
said county
Mr. Awtry, of Cobh, to amend an act relative to
the exemption of certain property from sale.
Also, to amend the laws relative to the Poor
School Fund of this State.
Mr. Heard, of Dawson, to provide for the com
pensation of grand and petit jurors of Dawson
county.
Also, to consolidate the offices of tax collector
and receiver of tax returns in Dawson county.
Mr. Powell, to allow justices of Decatur county
to lay off said county into school districts.
M r. Fortner of Emanuel, to appropriate money to
clear out obstructions in Little and Great Ohoopie
would be finished; he opposed the reference to the
judiciary committee.
The motion was then put and the Senate refused
to refer the bill almost unanimously.
The amendment of Mr. Bloodworth of Pike, was
then acted upon and lost.
On the passage of the resolution the yqas and
nays were called for when the yeas were 54, nays
31. So the resolution .was laid on tiro table for the
present session
Mr. Riley of Lumpkin offered a resolution-to in
struct the auditing Committee to retuse to grant
any member his per diem for days in which he may
be absent, except for sickness.
Mr. Whitaker offered to amend by inserting, ex
cept by permission of the Senate.
Mr Spalding offered an amendment; to makefile
provisions oftlie resolution apply only to Lumpkin
I co. Which was passed by a large majority. The
motion was to adopt the resolution as amended.
Mr. Riley arose and made an earnest, impulsive-
and in some parts eloquent,petition to the Senators
to pass the resolution. With the exception that in
some parts lie made too much of a cry for the peo
ple ! the people’s money, Ae , his ideas were clear,
strong and good on the subject, he very justly said
that if he employed a man to work for him for 4ft
days at $5 per day and he works only 35, should
lie pay him for the 4ft days? Why should Senators
be paid otherwise than as any other laborer in the
employ of the State After considerable debate and
a motion by Mr Williams of Terrell, to lay on the
table until 4th July next, on the call of the yeas
and nays on the question by Mr Riley, the yeas
were 33 nays were, 65. So the motion to lay
cn the table was lost.
The previous question was called for and the
main question was put and the resolution was lost.
Also a resolution, not to receive any new matter
by the Senate, after the 30th instant: the resolution
was laid on the table for the present.
Several members were granted leave of absence.
A motion to take up bills for 2d reading, was a-
greed to and several bills were read the 2d time.
* some times 2 or 3 at a time. I will not close with
out noticing the presence ofthe Hon. Joshua Hill,
and of Mr. Jno. H. Howard, than whom there is
perhaps no more energetic and enterprising man
in the State.
The Senate adjourned until 10 o’clock to-mor
row morning.
Friday Nov. 12th, 1858. 1ft o’clock, A. M.
After the usual preliminaries, Mr. Ward, of
Butts, moved to reconsider so much of the Jour
nal of yesterday, as refers to the rejection of the
Resolution, or rather laying it on the table, in ref
erence to DeBow’s Review. He desired the
amendments to be expunged from tiie Journal.—
Several members spoke on the motion. All seem
ed to agree that it would be better to be expunged
but the question was, whether the Senate should
expunge and falsify the record. Mr. Thomas
spoke against the expunging, lie was opposed to
the Senate’s falsifying the record. Mr. Colquitt
„aid, the question to expunge was clearly in or
der. It was discretionary with the Senate to en
tertain the motion. The Senator from Gwinnett
called for a precedent. I Is would refer him to the
proceedings of the Legislature of 179(5. where it
would be found that the act, called the Yazoo
Fraud Act,-was blotted out from the record and
burned iu Milledgevilie, then Louisville, by Gov.
James James Jackson, with fire from Heaven, by
means of a sun-glass. This was a year after the
foul act was passed, and the General Assembly
witnessed the burning. The question was in or
der.
Mr. Williams, of Terrel, said there was a clause
in the Constitution in direct opposition to the wish
es of the gentleman. That instrument requires the
proceedings of this House to be published and be
fore that was was done, we had no right to ex
punge anything from the Journal.
Mr. Cone, of Bulloch, with his accustomed good
sense, called for the previous question. Let 11s
vote on the motion We have a good deal of bus
iness before the Senate, let us proceed to some bus
iness that is of more interest to the People. We
were spending more time in debuting this question
than in its representative in money, would pay
for DeBow’s Review from its foundation. After
a great deal of debate and repeated calls for the
yeas and nays, on a good many motions, the Res
olution was laid on the table for the rest of the
Session.
On motion of Mr. Cone, who said he wanted the
Senate to go to work on something of some impor
tance to the State, A resolution was agreed to, to
meet the House of Representatives, at 12 o'clock
M. for the purpose of electing a Bank director.
On motion, a bill was introduced to alter the
laws in regard to debts due by citizens of other
States in regard to slaves. A memorial was read
from Howell Cobb, of the county of Houston,
nsking the Legislature to subscribe to a revised
ropy of Cobb’s Analysis and Forms. Mr. Hill of
Harris, moved to refer the memorial to the Judicia
J-
Mr. McAffee, of Forsyth, to allow justices of
Forsyth county to sell the public academy of said
county.
Also, to change the time of bolding Superior
Court for said county.
Mr. Westmoreland, a petition, refered to the
.committee on petitions.
Mr. Pruitt, of Franklin, to incorporate Delta
Lodge, No. 14(1, F. and A. M. of Franklin county.
Mr. Westmoreland, to give State aid to the Ga.
Air Line Rail Road.
Mr. Underwood, to authorize the Governor to
appoint a committee to examine into the affairs of
the University of this State, and to recommend a
proper location for the same, and a plan for endow
ing and reorganizing the same.
Mr. Lewis, of Green, to abolish the public exe
cution of criminals condemned to death in this
State, and to provide for their execution in private.
Mr. McConnell, of Gordon, to amend the charter
of the town of Calhoun, in Gordon county.
Also, for the relief of Melissa A. H. Booker, of
Gordon county.
Mr. Barrett, ot Gordon, to amend the road laws
as far as relates to Gordon county.
Mr. Allen, of Habersham, to incorporate trus
tees of a Baptist camp ground in Habersham coun-
ty.
A message was received from the Senate notify
ing tin-House that the Senate had passed certain
bills. We omit the captions as they appear in our
Senate report.
Mr. Brantly, of Hancock, to authorize the In
ferior Court of Hancock county to levy an extra
tax to establish a Poor House for said county.
Mr. Kimbrough, of Harris, to authorize the tes
timony of physicians to be taken in writing.
Mr. Daduu of-Jasper, to amend the chatters
of the town of Monticello.
Mr. Hardy of Jackson, to prevent liens of judg
ments for a longer time than six months.
Mr. Merchison of Haralson, to alter the line be
tween Paulding and Haralson counties.
Mr. Hughes of Liberty, to allow Tas Collec
tors to assess property when they are satisfied that
the owners have given it in at too low a valuation.
Mr. Wilkes of Lincoln, to add an additional
section to the Constitution of this State. This
bill requires that no county line shall he altered
and no new counties made without a vote of two
thirds < f both branches of the General Assembly.
Mr. Davis of Marion, for the relief ot widows
of intestates. Also, to point out the manner in
which witnesses residing out of this State shall
establish certain deeds, instruments, Ac. Also,
to repeal certain parts of the tax acts of 1852 A 3.
Mr. Owen of McIntosh, to make the election of
members of the General Assembly annual.
Also, to amend the act establishing the line be
tween McIntosh and Liberty counties.
Mr. Sheffield of Berrien, to appropriate money
to build a bridge and turnpike in Berrien county.
Mr. Jones of Mitchell, to consolidate the offices
of Clerk of Inferiorand Superior Courts of Mitch
ell county.
| Mr. Fannin, to regulate the duties of the sever
al Judges in this State. No Judge shall sit on
any case in which lie lias been employed as coun
sel, or Iras any connection, whatever. This in
cludes Judges of Supreme Court.
Mr. Pittard of Oglethorpe, to allow Jno. W.
Reed, Executor, to invest certain funds, Ac.
Mr. Price of Pickens, to make school Districts,
and appoint a school Superintendent, Ac., for
Pickens county. Also, to change the line between
the counties of Gilmer and Pickens.
Mr. Sweat of Pierce, to consolidate the offices of
Tax Collector and Receiver, of Pierce county.
Mr. DeLamar of Pulaski, to incorporate a
Camp-ground in Pulaski county.
A message was received from the Senate, noti
fying the House that it had passed certain bills.
The two following hills of the Senate were read
the first time:
To legalize the time of holding Courts of Glass
cock county.
To authorize administrators of certain estates
tiiereiu mentioned to sell certain property.
Mr. Smith of Randolph, to authorize Ordina
ries to issue executions for costs.
Mr. of Gordon, to authorize the sale of
certain lands aud negroes by Jefferson J. Lamar,
Executor, Ac..
Mr. Roberts of Scriven, to allow Coroners
where exercising the duties of Sheriff, to appoint
deputies.
Mr. Holliday of Stewart, to repeal certain sec
tions of the act incorporating the town of Lump
kin.
Mr. Williams of Terrell, to compensate the
Grand and Petit Jurors of Terrell county.
Mr. McCants of Taylor, to change the line be
tween Taylor and Schley counties.
Mr. Daniel of Telfair, to allow 7 per cent in
terest on open accounts.
Mr. Smith of Towns, To create and set apart
a permanent School Fund for this State.
A hare synopsis of this and the following bills
would occupy so much space that we forbear.
Monday Afternoon.
After calling the roll, the House proceeded to
the unfinished business of t ie morning.
Upon the call of the yeas aud nays, tlio House
failed to adopt the resolution. Yeas 59, nays 77.
Bills Third Heading.
To alter the time of holding election of county
officers for the several counties in this State.—
Withdrawn.
To regulate and dispose of free persons of color.
We regret our inability from want of time
and space to give Mr. Moore’s remarks. At no
very distant day, we will try and publish them en
tire. His remarks abounded in plain, practical,
home truths, expressed in a forcible manner, high
ly creditable to himself, and well worthy of the
consideration of every member of the House,
and indeed of every man in Georgia.
Made the special order for Thursday next:
To repeal an act to render certain the payment
of teachers of poor school children. Referred to
Committee on Education.
To repeal an act changing the county lines be
tween Cass and Gordon and Murray. Passed.
For relief of Annie Carroll, of Fulton county.
Passed.
To amend an Act incorporating the Atlanta
Medical College. Passed.
To change the time of hoUlin
of Appling countv. Passed.
To incorporate Kimbrough Lodge No. 118, F.
A. M .nf Harris county. Passed
To allow Sarah Bryan to aat as a femme sole.
Passed.
For the relief of Mrs. Ann S. Finn of Rich
mond county. Passed.
To compensate Grand Jurors of the county of
Lincoln.
Mr. Lewis of Green, offered a substitute for this
Bill. The substitute was passed.
To authorize Russell Jones Guardian of certain
minors to sell certain property. Amended and
passed.
In relation to establishing deeds, records, Ac.,
which have been destroyed by fire or other casual
ties. Passed.
To make valid and binding the stock subscribed
by the city of Columbus to the Mobile A Girard
and West Point and Montgomery Railroads, and
to legalize certain ordinances, Ac., after amending
it the bill was passed.
To amend 11 rli Sect. 4th Art. of the Constitu
tion. This relates to the emancipation of slaves
Referred to the Judiciary committee.
To repeal the Act requiring two concurrent ver
dicts to grant a divorce. Referred to Judiciary
committee.
To incorporate Hudson Lodge, No. 2U8 F and A
M, at Glades Cross Roads in Putnam county •
Passed.
To amend the several acts in relation to the as
signment of dower. Referred to Judiciary com
mittee.
To amend an Act to protect the estates of or
plums. Referred to Judiciary Committee.
To appropriate money to the Medical College of
Georgia. Referred to select committee.
To amend an act prescribing the manner of legit-
matising and adopting children—passed.
To require Justices of the Peace in this State to
give bond and security for the faithful performance
of their duties—laid on the table for the balance of
the session.
To make M. A. Cook the adopted child of G'.
Burke—passed.
For relief of Alex. Teague of Union County—
passed.
To authorize the Inferior Court of Washington
county to levy an extra tax to build a jail—passed
To incorporate Butler Lodge, No. 211, F. A. M.
at Milltown, Berrien county—passed.
For the relief of Maria Leary of Houston county
—passed.
To amend an act for the protection of personal
property—referred to Judiciary Committee.
To establish the line between Jefferson and E-
inanuel counties—passed.
To add an additional section to the penal code of
this State. This bill punishes all who circulate abo
lition documents with confinement in the Peniten
tiary, not less than one nor more than 1ft years, or’
fines them not less than $2,000 nor more than
$4,000—referred to the Judiciary committee.
Bills Introduced
Mr. Price of Pickens, to abolish the Geoagia Pen
itentiary. To be abolished after tiie 1st day of
January next—appoints a committee of three to
meet a similar committee on the part of the Senate
to digest a penal code for this State.
The House adjourned to 1ft o’clock to-morrow
morning.
Tuesday Nov. 9.
CORRECTIONS.—111 our report of the Legislative
proceedings of yesterday we should have said un
der the head of bills introduced.
Mr. McAffee of Forsyth—To authorize the Jus
tices of the Inferior Court of said county to sell the
Old Academy.
Also to change the time of holding the Inferior
Court of said county.
Mr. Fortner of Emanuel—To clear out obstruc
tions in Cannoochee river.
Errors also in the names of Messrs. Owens, Dar
den Ac, shall not appear again.
After the call ofthe roll, and the reading of the
Journal the House proceeded to business.
Mr. Harrison of Chatham moved to reconsider so
much of the Journal, as referred to the disposi
tion of the Resolution, appointing a Committee,
Ac., in relation the Penitentiary.
At this juncture, cries of the question were heard,
and the 1 consideration was lost, upon the vote being
taken, which resulted. Ayes, 67, Fays 75.
The special order of the day was a Bill, requiring
persons wishing to obtain Rail Road and Bank Char
ters, to publish their intention for five months prior to
the meeting of the General Assembly, in two of tin-
public gazettes published at the Capitol. Amended
by saying: "from and after 1st January next.” As also,
aii additional section—and with a further amendment,
by Mr. Smith, of Towns—the Bill aud Amendments
were agreed to, and refered to the Judiciary Commit
tee.
Jlr. Roberts of Scriven, moved to reconsider
the hill lost yesterday. To compel Magistrates in
this State, to give bond and security for the faith
ful performance of their duties. After a few per-
tinent remarks by Mr. R., as to the importance of
the hill, upon motion of Mr. Bigham it was re
ferred to the Committee on the Judiciary.
Bills Introduced.
Mr. Hardy of Jackson, to establish n system of
schools in this State, and to provide a fund for the
same.
Mr. Lewis of Hancock, to compensate certain
persons therein named.
Mr. Irwin of Wilkes, to re-organize the Asy
lum for the deaf and dumb. Also, to incorporate
the Cotton Planter’s Convention of this State.
Mr. Smith of Tattnal, to refer the abolition of
the Penitentiary to the legal voters of the State,
at the next general election.
The following bills of Senate were read for the
first time:
For the relief of Lawson Cody, Ac.
To repeal an act to prevent non-residents from
hunting, fishing, Ac . in this State.
For relief of Mrs. M F Newner.
Wkdnesdy Morning, Nov. 1ft.
The House met pursuant to adjournment. Alter
the usual formalities, the House proceeded to bu
siness.
Mr. Irwin of Wilkes presented a communication
from Mr. Speer resigning his office as Clerk of this
House. (>n motion the resignation was received,
and Mr. Shropshire of Floyd was unanimously ap
pointed Clerk of this House.
Mr. Milledge of Richmond offered the following
resolution :
Resolved, That the House having accepted the
resignation of A. M. Speer, Esq., their late Clerk,
it cannot allow the occasion to pass without ex
pressing their sincere regret in losing such an able
faithful and efficient officer. A gentleman who
being eminently qualified, discharged the duties
of ihat laborious and responsible position with so
much honor to himself, and the greatest satisfac
tion to the members. He was a business man,
prompt, punctual, reliable and correct, and being
perfectly familiar with parliamentary usage he
was ever ready in the most courteous and gentle
manly manner to impart to all w I10 called on him
such information both as to business under consid
eration and the manner that would best facilitate
its despatch. He has our united and individual
wishes for his future success aud prosperity in life
Resolved, That Mr. Speer be furnished with a
copy of this resolution, signed by the Speaker and
Clerk of the House of Representatives.
Mr, Hardeman of Bibb, regretted the cause of
the separation, but hoped the resignation would
t>e received.
Mr. Underwood. We must all feel the loss of
this officer, and 110 one more than myself. He was
iny assistant and adviser.
The resolutions were adopted unanimously.
To allow the sale of certain lands by Jefferson
M I .arnar. Passed.
Bills Introduced.
Jlr. Graham of Appling, To allow the Grand Ju
rors of Appling to designate the children in said
county, who are entitled to the Poor School Fund.
Also to appoint Commissioners to examine
teachers. Ac., in said county.
Jlr Kenan of Baldwin. To curtail the powers of
the Supreme Court in criminal cases, Ac.
Also to pay for the consolidated index of certain
Public Records, Ac.
Jlr. Schley of Burke, A resolution that all bills
hit nding to make new counties be accompanied
by a map or diagram. Ae., of the same. Adopted.
Jlr Boggess of Carroll, To change the line be
tween the counties of Carroll and Haralson.
Jlr Fulniore of Cass, To authorize W C Harris
a minor to exercise certain privileges, Ac.
Also to organize a new county from the county
of Cass.
Bills Passed.
To legalize the sittings of the Superior Court of
Glasscock and change the time of holding the
same. Passed.
To authorize the Administrator of J JI Potts to
sell certain property, Ac Passed.
Bills Introduced.
Jlr. Gordon of Chatham, To endow Oglethorpe
Jledical College.
Also to authorize the Mayor and Aldermen of
Savannah to institute a system of drainage. Ac.
Jlr Roberts of Cherokee, To incorporate the
Scott Jlining Company of Cherokee.
Jlr Hughes of Liberty, A resolution inviting the
Hon. W111 11 Stiles to a seat on the floor of the
House. Adopted unanimously.
Jlr. Walker of Clark, To allow Duke Hammond
to peddle without license.
Also to amend the penal code of this State,
Also to incorporate a Fire Company No 2 in the
town of Athens.
Jlr Awtry of Cobb, To amend certain portions of
the Constitution
Mr Gay of Colquitt, to change the line between
the counties of Thomas and Colquitt.
Jlr Smith of Coweta, For the relief of Benjamin
Inferior Court | JI Bighy.
I Jlr Curenton of Dade, to appropriate money to
the inferior Court of Dade county
Jlr. Powell of Decatur, To compensate Justices
of the Peace of Decatur county lor returning the
poor children of said county.
Also to allow tax collectors commissions on the
insolvent list of said county.
Jlr Harris of Dougherty, To refund to the Tax
Collector of Dougherty certain money.
Jlr Harris of Glynn, In relation to Glynn County
Academy.
A message was received from the Senate notify
ing the House of the passage of certain bills bv
the Senate.
Jlr Edwards of Harris, To incorporate the Big-
ham Camp Ground in Harris county.
Mr Jlerchison of Haralson, to consolidate the
offices of Tax Collector and Receiver in Haralson
county.
Mr Dorminy of Irwin, to change the line be
tween Irwin and Wilcox.
Jlr JIarsliall of Houston, To carry into effect
certain Acts in relation to divorces.
Jlr. Jlintz of Jackson, to repeal certain acts in
relation to the Supreme Court.
Jlr. Gordon of Chatham, a resolution giving the
use of this Hall to Hon. W. II. Stiles this evening
to address his fellow citizens. Adopted.
Jlr. Little of Jefferson, to compensate the sheriff
of Jefferson county.
Jlr. Findley ot Lumpkin, to authorize the State
Treasurer to make certain advances.
Mr. Davis of Marion, repealing an act in relation
to the patrol laws, so far as relates to Jlarion coun
ty-
Also, to change the manner of paying the costs
due to sheriffs and clerks in certain cases.
Jlr Fannin of Morgan, to authorize the Georgia
Rail lioad to build a branch to Eatonton.
Jlr. Howard of Muscogee, in relation to perfect
ing titles to Real Estate in certain cases.
Jlr. Price of Pickens, to expedite proceedings
upon bonds of sheriffs, constables and other officers.
Jlr. Edwards of Schley, to alter the line of Schley
county.
Also, to appropriate money to the reform Jledical
College, at Jiaeon, Ga.
Jlr. Jlilledge of Richmond, to alter the 8th sec.
4ill divison Penal Code.
Jlr. Roberts of Scriven, to repeal the 1st sec. of
the Penal Code, in relation to vagrancy.
This hill proposes to puuish vagrancy with pub
lic. whipping.
Jlr. Crittenden of Spaulding, to point out the
mode of collecting newspaper accounts; editors al
lowed to collect their claims at the point of deliv
ery.
Mr Kimbrough of Stewart, to prevent the sale of
spiriuous liquors under five gallons in the county,
of Sttewart.
Jlr. Spray berry of Catoosa, to allow aliens to
purchase, bold and dispose of real estate.
Mr. Bigham of Troup, to provide foi the sale of
two thirds ofthe Western arid Atlantic Kail Road.
Also, to amend the 4th art. of the Constitution,
and to provide for a permanent school fund.
Jlr Hays of Walton, to allow John Tyler to
peddle without license.
Jlr. Cannon of Wayne, to prevent the use of
any Latin Phrases in any of the Legislative Acts
of this State.
Also, to compel presons owning lands in this
State to give in said lands in the county where
they lie.
Jlr Irwin of Wilkes, a resolution to allow the
Governor for the time being to cast the vote of this
State in all meetings of the Atlantic and Gulf Rail
Road Company.
Jh. Holden ofTaliferro, for the better regulation
ot negroes and free persons of color in the town of
Craw lord ville.
Jlr. Fortner of Wilcox, to authorize J. Davis to
peddle in certain counties without license.
On motion ail the bids referring to public educa
tion were referred to the committee on public edu
cation. which after examination are to be returned
to the Mouse.
Mr. Jlintz of Jackson, a resolution authorizi-
ing the Governor to furnish certain hooks to the
officers of the several counties and districts of this
State, which have not yet been furnished.
Also, an amendment to furnish certain hooks to
Jlclntosli county.
Also, to furnish certain hooks to the officers of
Glasscock county.
Also, certain books to the county officers of Ap
pling
The resolution and amendments were agreed
(lit* State? is there any aectiou In this State where
m sadden emergency will call for a Bank or Rail
Road? any Bank which will not stand the scruti
ny of the public and the legislature is to he
feared.
Mr. Harris of Glynn wished to know what mis
chief this bill will prevent. He was perfectly
aware that many Railroad enterprises were com
menced by parties who were not able to carry them
out. Should they advertise their intention, others
more able to carry them out would thus be ena
bled to supersede them, he wished no legislation
which would give one man an advantage over
another—let all—rich and poor, stand on the same
footing on this floor, he hoped the hill would not
pass.
Jlr. Wilkes, of Lincoln—It has been a custom
in other States, to do the very thing the hill pro
vides to do, thought it was important—the peo
pie ought to know what their servants were doing
—hoped the hill would pass.
Upon the passage of the hill the yeas were 68
the nays 7ft So the bill was lost.
We have noticed for a number of days, quite a
display of ladies in the gallery—some of them
pretty, alt of them lovely. Different portions of
the State are represented by these fair delegates—
the Jlountaius, the Seaboard, and Jliddle Georgia,
have contributed bright eyes and smiling faces, to
releive the dull monotony of Legislative life, and
to add interest to the proceedings of the House.—
We envy the members, whose duties allow them
an occasional interchange of greetings, and civil-
ties with our fair visitors in the gallery.
Before closing, we cannot forbear our regrets at
parting with Jlr. Speer, the able, efficient and gen
tlemanly Clerk of the House. In our intercourse
with him, he lias always been kindand affable, af
fording us every facility in his power, to enable ns
to discharge our duties. We also tender to his
successor, Jlr. Shropshire, our congratulations
upon his preferment.
The House adjourned to 3 o’clock, I’. JI.
AFTERNOON SESSION.
Bills Passed.
To allow parties to contract for money at any
rate agreed on.
The report of theJudieiary Committee was ad
verse to the passage of this bill.
Jlr Beil of Campbell hoped the report of the
committee would not he agreed to.
On motion to recommit to the Judiciary Com
mittee, Mr Irwin of Wilkes said money was not
a commodity as a horse, a mule or other article of
merchandise. It was the only thing upon which
the law puts a value—this law was uow being
tried in other States—as a measure of Public Pol
icy, it was doubtful—personally he did not care
whether this hill passed or no—he was opposed to
the hill last winter and was opposed to it now.
Mr Gordon was in favor of the general princi
ple of the bill, but hoped it would be recommitted.
I11 an able and sensible speech he maintained his
positions, evidencing a high order of talent and
as being fully able to cope with any and all of his
opponen ts.
Mr. Wilkes said, if this hill proposed to make
men pay their contracts, he was in favor of it in
tolo.
Jlr Gordon rejoined.
Mr Hillyer in a few pertinent remarks signified
his opposition to the bill.
On motion of Jlr Smith of Coweta, to postpone
indefinitely, theyeas were 71, nays 71. The Speak
er voting in the negative the bill was postponed
indefinitely.
To ensure the speedy collection of moneys dua
011 executions. The committee reported a substi
tute.
Jlr. Findley wished to hear from tlio author of
the bill.
Jlr. Sprayberry of Catoosa explained.
Jlr. Irwin of Wilks explained the ai tion ofthe
Judiciary committee.
Jlr. Wilks of Lincoln did not wish such a law
for his county,»but if Mr. Sprayberry or any other
gentleman wished it for his he wouldvote
for him to have it.
There was a proposition to lay this substitute on
the table for the present, which was adopted.
Jlr. Findley of Lumpkin, expressing a desire to
be present when the tight came on.
For the relief of Jacob and Sarah Weaver.
Passed.
To alter that portion of the Constitution requir
ing two concurrent verdiet'sto grant a divorce.
The Judiciary reported a bill in lieu of this which
was lost. Ayes 9 nays 121.
A communication in writing was received from
the Governor, through bis secretary, Jlr. JlcComb.
To amend an act protecting the estates of or
phans. Passed.
The communication from the Governor was read
reeommending the purchase of certain bonds due by
certain Rail Roads to the Georgia Penitentiary.
Refered to the committee on finance.
To amend the several acts in relation to assign
ment of dower. Passed.
To add an additional section to the Penal Code
of this State. This bill proposes to punish any
one who circulates abolition books, Ac. Lost.
Adjourned to 10 o’clock, A. JI. to-morrow.
sumed members were ready to vote now. He would
explain the history of this ease. It was made a test
question in the late olectionin Fayette connty. qq,
old county candidates were defeated by a a,®
majority. ‘ '
Jlr Bigham asked Jlr Sprayberry a question
Mr Sprayberry rejoined by asking Jlr B. a q Ue ,
tion.
Jlr B did not rise to be catechised.
Jlr Walker of Henry, was opposed to all new
counties, except on certain conditions.
Mr Irwin of Wilkes—The question of lavino-
over this question was in a nut shell. If jj, f
are a majority of the legal voters of Fayette count ''
in favor of the new county, let us layover the mi
ter for a few days, it can do no harm. He shonl I
make no opposition to tile bill if a majority of t| !
voters should favor it.
Jlr S made some remarks in reply to JI r I. f„ rti
er sustaining and explaining his previouspositin '
A message was received from the Senate notifv
ingthis House that it had concntred in the Hou’
resolution, bringing on the election of a Rant tv
rector this day at 12 M. * Dl '
Jlr Cannon of Wayne, was opposed to the post
ponement. v
Mr Lewis wished to call the attention ofth
House to some facts in the memorial, which h
read. It was a snap judgment. This hill had been
passed through the Senate and is now sought to
be hurried through the House. It had been a < )ues
tion, whether any matter finally disposed of last
session, could be entertained now. He had been
informed of certain facts in regard to this petition
and memorial, and he was iu favor of the postpone-
ment. He was opposed to the policy of making
new counties, but not committed against«//such
projects.
Mr Owens thought it would be safer to postpone
the matter a few days.
Jlr. F i ml lay of Lumpkin, in reply to the gentle
man from Wilkes. I have a new petition Gentle
man say they have not had time to get a new peti
tion. They have had ample time. They cant get it I
have a petition with several hundred names upon
it. This Legislature should do every thing for the
good of the people—I am willing to postpone the
matter a few days.
Jfr Smith of Coweta favored the postponement.
Jlr Wilkes of Lincoln arose, when cries of the
question were heard. The Speaker said the whole
debate was out of Older. Ho would permit no such
irregular proceedings in fuure. Mr W was in
favor of the postponement. So it was post
poned to 25th inst.
Jlr I-ittle of Jefferson, was granted leave of ab
sence, also Lockett of Bibb, Schley of Burke, and
Logne of Glasscock.
A resolution requesting the Governor to furnish
tnis House with certain information respecting tha
Western A Atlantic Railroad, was lost—yeas 54-
nays 72.
Bills Introduced.
Bills Passed.
To explain the true intent and meaning of the
acts manumitting slaves, amended by Jlr. Colquitt
of Baker. As amended it was passed.
The bill to repeal the 8th Sect, of the Tax Act
of 1804. Refered to the Finance Committee.
To require persons who wish Rail Road or Bank
chat tels to give notice of their intended applica
tion for said charters in two of tho Gazettes
published at the Capitol, for five months prior
to the meeting of the General Assembly.
Jlr. Hardeman opposed the passage of the Bill.
He said it is not our business to dictate to future
Legislatures. This Bill will be a nullity, and he
should vote against it.
Jlr. Jlilledge, of Richmond—We don’t bv this
bill lie the hands of future legislatures—if it
works badly, the legislature may at any time re
peal it—at the the heel of the Session, hills of
importance are frequently passed because no one
has time to examine them Ac.
Jlr. Hardeman—There is a difference between
this and other hills, this bill lefers to the legisla
ture. It is a question of privilege—there may
be wants unexpectedly arising—should this bill
pass, such wants may go unprovided for. We are
a great aud growing people Ac.
Mr. Jlilledge explained, This bill refers to but
two subjects, Railroads aud|Banks.
Are there not Banks aud Railroads enough in
Thursday, Nov. 11,1ft O’clock.
After the usual preliminaries, the House pro
ceeded to business.
Jlr. Wilkes of Lincoln, moved to recon
sider so much of the journal as relates to the loss
of a hill 011 yesterday, in relation to Railroad and
Bank charters.
The motion to reconsider was lost. Yeas 55, nays
88.
A message was received from the Senate,
through their Secretary, Jlr. Terhune, notifying
the House of the passage of certain hills by the
Senate.
The bill disposing of free persons of color, was,
on motion of Jlr. Jloore, of Clarke, referred to the
Finance Committee.
A Resolution was adopted bringing on the elec
tion of a director, on the part of the State, for the
Bank of the State. Adopted.
Bills 011 Third Heading.
To appropriate all the money now in the Treas
ury, from the W. A Atlantic Rail Road to the pay
ment of the bonds of the State. Laid on the table
for the present.
To authorize JI. B. Banks, and J. II. Banks
Administratrix and Administrator, to sell certain
property. Passed.
To make uniform the decisions of the Supreme
Court of the State. Referred to tho Judiciary
Committee.
To declare at what age minor wardships of Free
Persons of Color shall terminate. Lost.
To change the name of H. L. Brantly. With
drawn.
To allow the trustees of Trenton Academy, to
sell the same. Passed.
To incorporate Ganlding Lodge, No. 215, F. and
A. M. Passed.
To alter the Act incorpoarting Georgia Air Line
Rail Road Company. Passed.
To lend the credit of the State to the JIacon and
Brunswick Rail Road Company. JIade the spec
ial order for to-morrow.
Mr. Hughes of Liberty, was added to the Fi
nance Committee.
The communication of the Governor was refer
red to the committee an the Judiciary.
Jlr. Smith, of Towns; Jlr. Awtry. of Cobb, Jlr.
Price, of Pickens. Jlr. Strickland, of Jlarion was
added to the committee on Public Education
Jlr. Jlilledge, of Richmond, was added to the
Committee on the Asylum for the Blind.
Resolved, that the House will protract its morn
ing’s sessions to 14 o’clock, and meet at 94 o’clock
each morning, till the 20th inst.
Jfr JIarsliall, of Houston, and Mr. Diamond, of
DeKalb,*were granted leave of absence.
To define the line between Green and Ogle
thorpe counties. Passed.
To incorporate the Penfield Branch Rail Road
Company. Passed.
To provide for the erection of a new peniten
tiary at its pi esent or some more eligible site.—
Laid on the table for the present, subject to the
call of its introducer at any time. Mr. Edwards
was granted leave of absence,
The House adjourned to 94 o’clock to-morrow
morning.
Friday JIorninu, Nov. 12.1858.
After the usual preliminaries, the House pro
ceeded to business.
Several members including lion Sneaker Un
derwood, were granted leave of absence for a few
days.
Mr. Kenan was added to the committee on pub
lic education.
Bills on their Third Heading.
For the relief of John M. Wilhite. The yeas 63,
nays 06. Jlr Jlintz of Jackson gave the House a
lucid explanation of the claim of Jlr. Wilhite. We
admire Jlr. Jlii.tz’s zeal. If we mistake not this
hill lias been introduced at every session for 18
or twenty years, it lias been voted down, but like
Banquo's ghost, " it would up.” Peter Trezevant
like.it has fought many a hard fight.
Jlr. Jlintz notified the House that he will try it
again on reconsideration to-morrow.
To lay out and organize a new county from the
counties of Fayette and Henry
A message was received from the Semite notify
ing the House of the passage of certain bills liy the
Senate.
The name of the new county proposed above is
Butler
Mr. Hillyer prefered giving it the name of some
Georgian, and proposed the name of Clayton, pay
ing a just compliment to that distinguished gentle
man. The amendment of Mr. Hillyer was ac
cepted.
Mr. Bigham looked upon the right to memorial
ize as inalienable. There is a memorial on your
table referring to this bill, and lie wished it read.
The memorial was read. It requested the Legis
latin' to defer its action upon this bill until a peti
tion could he transmitted, Ac. As we published
the memorial in full on yesterday, we decline any
further remarks.
A petition was read from citizens of Fayette and
Henry requesting the passage of the bill.
Mr. Irwin said that although a large nnuiber of
the citizens of the two counties were in favor of
the new county, yet he never would refuse a hear
ing to any memorialists who desired it. He waS
not debating the propriety of passing the bill, hut
merely its postponment.
Mr. Sprayberry of Catoosa said, this is no new
question sprung upou the L"gislnture. He pte-
Jlr JIcDonald of Berrien: To lay out a new
county from the counties of Lowndes, Berrien and
Clinch.
Mr Ftilmore of Cass: For the relief of Wm. T.
Goldsmith of Cass
A message from the Senate notifying the House
of the passage of certain resolutions and bills, bv
the Senate.
Jlr Neal of Cass: Resolution in relation to the
Superintendent of the Western A Atlantic Rail
road.
Jlr Schley of Burke: To lay out a new county
from Scriven, Burke, Emanuel aud Bulloch comi
ties.
Mr Gordon of Chatham: To add an additional
section to the Penal Code. This new section pro
poses to punish persons who buy cotton or rice of
negroes, on the verbal or written permission of the
owner or overseer of any negro. It also proposes
to punish the person giving such permission.
Also, to amend the various acts in relation to
the city court cf Savannah.
Also, for the relief of Richard Scanlan of Chat
ham county.
Also, to amend an act providing for the ednea-
tion of the State Cadets at the Military Institute.
Also, a bill to appropriate money to the orphan
manual labor school of Savannah.
A message was received from the Governor no
tifying the House that he had sigDed certain reso
lutions.
Jlr. Harrison of Chatham, to prescribe the meth
od of selecting jurors. Ac., in Chatham county.
Also, to amend an act punishing persons for vi
olating the sabbath.
Also, to amend certain acts relative to the inspec
tion of flour in the city of Savannah.
Jlr. Wall of Coffee, to incorporate the town of
Douglas in Coffee county,
Jlr. Gay of Colquitt, to incorporate the town of
Moultrie in Colquitt county.
Jlr. Brasswell of Fayette, granted leave of ab
sence.
The Senate eu niossc came into the House, and
the joint body proceeded to the election of a di
rector on the part of the State, for the Bank of the
State of Georgia. The name of Solomon Cohen,
Esq., of Savannah was announced. Upon count
ing the vote, Jlr. Cohen having received 141 votes
was declared elected.
We were pleased to see the ladies return to onr
gallery, quite a number of whom had assembled in
the House gallery this morning, but being, we pre
sume. not pleased with the dry details of our
House, had repaired to the Senate gallery, as we
were informed by a brother reporter who sits near
us, and whose gallantry and admiration ofthe fair
visitors led him to go in quest of their where
abouts.
Mr. Powell of Decatur, to amend an act to compen
sate the grand and petit jurors of Decatur county.
Also, to allow justices of the peace in Decatur
county to hold their courts two days when neces
sary.
Jlr. Harris of Glynn, to regulate the session of
the court of ordinary of Glynn.
Mr. Hopkins of Gwinnett, to compensate Henry
Allen, sheriff of Givinnett connty, for certain
services.
Jlr. Holmes of Laurens, to change the line be
tween Laurens and Jlontgomery counties.
Mr Davis of Jlarion, lor the relief of executors,
administrators, Ac.
Mr. Webb of Milton, to limit the liens of judg
ments.
JI r. Coleman of Randopb, to change the line be
tween tbe counties of Clay and Randolph.
Jlr. Kimbrough of Stewart,—To allow any and
all persons to peddle in the county of Stewart with
out license.
Jlr. Smith of Talbot—To allow J. L. D. Terry-
man to practice medicine.
Jlr. Holden of Taliaferro: To exempt certain per
sons from jury duty.
A bill to add an additional section to the 1th
article of the constitution to operate on Bank char
ters hereafter to he granted and upon all banks
whose charters may hereafter be changed.
No person or persons who shall purchase the
charter from the original corporators shall have
power to conduct banking operations under the
charter—upon suspension of specie payments all
bills in circulation shall bear interest from that
date.
All executions issued against Banks maybe
levied on the private property of stockholders un-
till the claims of the creditors are paid aud stockhol
ders shall have the right to enforce instant contn-
bution —no act of the corporation shall so dissolve
it as to prevent the collection of claims against it
by law—110 act of the Legislature shall authorize
any bank to issue hills while the same is under
suspension. The Legislature shall have the rightt-
alter modify or repeal charters. Circu lation shall
at no time exceed the proportion of $3 to $1 ot
specie bona tide in the vaults of Banks.
Also in relation to purchasing certain copy
rights to books prepared by Jlr. Fanniu for the in
struction ot Deaf and Dumb persons.
Jlr. Cannon of Wayne—To amend 18th and
19th sections of the 1st Article ofthe constitu
tion.
Also—To compel Sheriffs to advertise Ac.
Also to exempt practising physicians from jury
and military duty.
Jlr. Fortner of Willcox county—To give tin-
election of County Treasury in Wilcox county to
the people of said county.
Jlr. Taliaferro of Whitfield—lor the benefit 0!
Dr. Bonner of Whitfield county.
The. special order of the day, to wit: to lend tU
aid of tho State to the JIncou aud Brunswick Rm
road, being taken up,
The first section was read, and a motion war
made by Jlr Owens of McIntosh to strike out
$2ft(),fti>n and insert $800,00 ; yeas 68, nays 26. A
motion to strike out not less than $7,000 and in
sert not more than $7,(NX) was agreed to.
This section as altered was agreed to.
The second section was read and agreed to.
The third section was read and agreed to.
The fourth section was read and agreed to.
The. fifth section was read and after an amend
ment was .agreed to.
The sixth section, being amended by striking
out 3years and inserting 5 was agreed to.
The seventh section was read and agreed to.
The eighth section was amended as follows: ana
the lien of this individual liability shall attachaini
hind the real and personal property of the Stock
liylders from the time of the endorsement by the
State of the bunds of the Company! ,
Jlr Harris of Glynn was opposed to the amenu-
inent. Should this ameiidineiit be adopted it won.'!
deter persons from taking Stock in t lie Company
Mr Hillyer regretted to encounter the opposition
the Gentleman from Glynn, but liis duty compel"]
him to insist upon it. If their lands through " hie,J
the road will pass are increased in value, they
certainly lose nothing by the conditions ot to
amendment. He was willing that the word F
soual, should be strickeu out, Real estate did 111
die or runaway. 1-
Jlr. Hardeman—It amounts virtually to
barring persons from taking stock in this comp*®. •
Jlr Kenan, if the value of the lands owned ;
the Stockholders and through which the
run is increasing annually, they may well *“?,
to mortgage said lands. Do stockholders
the State to endorse tln ir bouds when they ^
opposed to endorsing them themselves - H e *
only following the advice of his Excellency
Governor, which was addressed to every mem
in this House, viz: to guard the State against s 1
possibility of loss.
Mr. Hillyer,—I wish to say to the gentle®*®
from Bibb, that I stated to this House last "*
that I could vote for no Bill of this kind tin
the State was fully ensured. Mr. Wilkes ct
coin insisted upon retaining the word persona •
Mr. Harris of Glynn, this seals up "*« P r0 P e -