Weekly constitutionalist. (Augusta, Ga.) 185?-1877, December 09, 1857, Image 6

Below is the OCR text representation for this newspapers page.

(MPOKTEIV TOR THB CONSTITUTIONALIST.] Mil!e dSeville Correspondence. MiLLKDOEVILLE, NOT. 30, 1357. Senate —Mr. Young, of Union, moved are-con siderat jon of so much of Saturday’s journal as re fers to the filling the blank in the first section of the bank bill with Nor. loth, 1858. Upon motion to reconsider, they were, ayes 25, nays 52. MATTER INTRODUCED. By Mr. Mallard, of Liberty—A bill to provide for the education of the youth of Georgia—ordered to be printed. By Mr. Smith, of Hancock—A bill for the relief of all poor children not returned in Hancock countv. Bv Mr. Carlton, of Clarke—A bill to incorporate the Georgia Equitable Insurance company. By Mr. Adams, of Elbert—A bill for the relief of the town of Elbert on. By the same—A bill for the relief of Calvin J. Crawford and llenry Ivey. By Mr. Stubbs, of Bibo—A bill to provide for the mamtainance of a wife, in case of a partial di vorce. By the same—A bill, classing among gaming and usurious contracts, all bonds, notes, Ac., em ploying auy Senator or Representative to rote for the, measure benefiting any body or corpora tion. By Mr. McDonald, of Ware—A bill to authorize defendants in all actions, where specie is demand ed, to stay execution six months, and give bond for same. By Mr. Stubbs, of Bibb—A bill to authorize a lease of the State road for a term of years. Sealed proposals shall be received; unexceptionable se curity given by lessee or lessees. By Mr. Tison, of Glynn—A bill to amend an act incorporating the Commercial Bank of Brunswick. By Mr. MtHlonald, of Ware—A bill to incorpo rate the London, Liverpool, Savannah, Timber and Land Company. By Mr. Fumbro, of Upson—A bill for the recov ery of interest when the parties to the contract press the rate per centum per annum, in the face of the written obligation to pay, Ac. By the same—A bill to regulate the taking ot testimony bv interrogatories, aud appointing com missioners for the same. Ac. By Mr. Buchanan, of Coweta—A bill to amend an act to preserve and dispose of the property of corporations after their dissolution, anti to provide for the payment of the debts of the same, approv ed 1855. By Mr. Smith, erf Ilancock-A bill to put in force an act to compeljthe Judges of the Supreme courts of this State to convene at the seat of government, once a year, to establish uniform rules of practice, throughout the State, and to umend the same. They shall meet on Tuesday of the second week of the legislature. By Mr. Stubbs, of Bibb—A bill to prescribe the mode of proving entries on the books of receivers of tax returns of this State. By the same—A bill, declaratory of the common law of this State in relation to contracts therein mentioned, and to repeal conflicting laws. A message from the Governor, stating his ina bility to furnish different counties with Cobb’s Analysis and Forms, on account of the stock of them being exhausted, Ac., was received. BANK BILL. The unfinished business of Saturday, the bank bill* vtbs taken up. The first section, as amended, authorizes the suspension until the 15th of November, 1858. Mr. Cone, of Bulloch, offered a section to be in serted as a ‘2d section. If the banks refuse to pay specie after that, they shall be liable to suit, and ten per cent, damages extra can be obtained— adopted. Section 3d withholds judicial proceed ings until time. Mr. Cone offered to fill the blank with November 15, 1858—carried. Except in case of insolvency or for the protection of the bill holders. 4th section—said banks shall com mence to pay specie after November 15th, 1858. In case of a failure to do so, the act of 184 b shall be put in force against such bank. Vr. Ward offered an amendment to this sec tion—that in case of a general resumption of specie payments, the Governor shall issue procla mation requiring our banks to resume in thirty days after said proclamation—adopted. »Section sth requires that in the contingency of any defendant in execution being required to pay Specie, banks shall be required to pay notes of said defendant in specie. Mr. Tucker offered an additional section, that the banks shall receive their own notes, Ac., in payment of liabilities due to them—adopted. Mr. Woodworth, of I'ike, offered au additional section, that no bank shall send its capital out of the State, for speculating, Ac.—adopted. Mr. Atkinson offered several additional sections. No bunk or agency shall loan any money at a greater rate of interest than seven per cent. No bank shall discount at a greater rate than seven per cent. No bank shall sell any exchange except sight ex change, with a premium of one per cent on said exchange.' Persons applying for such exchange, shall make affidavit that it is for the payment of bona Ji<le debts, and not to sell us exchange. The affidavits of the officers of the banks must be given semi-annually, that the provisions of this act have not been violated. No suspended bank shall declare a dividend of more seven per cent on or before resumption of specie payments. Mr. Atkinson’s amendments, amended as above, were adopted. Mr. Buchanan offered nine additional sections. Each bank shall give bond and security for the ultimate redumptiou of its bills and notes in the treasury. After January Ist, 1858, no bill under the de nomination of five dollars shall be issued; after January Ist, 1851*, under ten dollars: after January Ist, 1860, under twenty dollars. ihiring suspension, each bank shall pay tax of seven per eeut. on the wliwle circulation into the treasury. After the Ist of April next, one-third of the lia bilities of each bank shall be specie, and the re mainder bills of exchange, discounted paper not renewable, Ae. All the banks shall redeem their bills before next. Thirty days after the passage of this bill the banks shall accept it as their charter, Ae. In case the violation ot this act by any bank, it shall be glveu into the hands of a Receiver. A commission shall be appointed to examine the banks, and it shall have at all times ready access to them, Ae. Before action was taken on Mr. Buchanan's amendments, the Senate adjourned until 3, I‘. M. AFTKRNOON SESSION. Mr. Ward, of Butts, moved that the report of the couumthe be agreed to, which would cut off' Mr. Buchanan's amendments. The substitute of Mr. Whitaker, of Fulton, to the bank bill was then adopted, the previous question having beeu called, cutting off*allamendiuentsand discussion. The report of the committee of the whole was agreed to and the bill passed, by a majority of thirty-two, as synopsized as above, with the excep tion of the proposed additional amendments of Mr. Buchanan, which were cut off*. The vote stood, ayes fifty-eight, nays twenty six. VOTE OX THE BANK BILL. Yea*.— Adams, Atkins, Arnold, Ashley, Bartlett, Bennett, Billups, Bloml worth of Carroll, Blood worth of Bike, Briscoe, Browning, Bryan, Billiard, Byrd, Carlton, Collier, Cone, l>awson, Drake, Fam bro, Gibson, Griffin of Calhoun, Hurt, Harris of Worth, Hays, Johnson of Favette, Jossey, Knox, Lockheart, Mattox, Mallard, Matthews, McDonald, McHea, Morell, Paine, Pope, Price, Ueid, Robinson of Laureus, Robinson of Talbot, Riley, Shepherd, Slaughter, Spaulding, Smith of Hancock, Staten, Stripling, Stubbs, Tucker, Turner, Walker, Ward, Webb, West, Westbrooks, Whitaker, and Wil liams of Berrien—AS. Au.y<«.—Arnett, B.iuks, Buchanan, Cochran, Cof fee, Fain, Gholston, Gordon, Graham, Guerry, Hammond, Harris of Merriwether, Harris of Wal ton, llill of Harris, Jarrard, Johnson of Paulding, McGuire, QutUian, Shropshire, Stokes, Strickland, Hutton, Tate, Thomas, Tison, Treadwell, and Young—26. A motion was made to send the bill directly to the House for concurrence. Mr Hill, of Harris, opposed the motion, because he wished to reconsider the bill iu the morning, give bis views upon the matter, and offer a substi tute. A poiut of order was raised as to whether it re quired a mere numerical or a two-thirds majority to seud the bill to the House. The President de cided that a mere majority only was necessary. The gentleman from Coweta appealed from the decision of the chair, merely, as he said, to estab lish the precedent by which to be guided in the future. The Senate sustained the President by a large vote. The motion to send the bill to the House was carried by a vote of fortv-six veas to forty nays. A House bill was read the first time authorizing the issuing of commissions to Judges of the Supe rior Courts in this State, and legalizing commis sions already issued, Ac The Senate then adjourned until 10 o’clock to morrow morning. Houss.—Mr. Luff maw, of Murray, moved to re* consider so much ot the journal of Satnrday as refers to the bill passed for the relief of John A. I lo ward—Carried. MATTER INTRODUCED. By Mr. Hardeman, of Bibb—A resolution au thorizing the erection of a suitable monument over the grave of Capt. Isaac Holmes. By Mr. Fnllmore, of Oass—A resolution calling on the Governor for information as to the amount of iron, in the crude stale, used upon the State road, and by the Penitentiary, and competing the superintendent of said road, in his annu * returns, to tarnish certain information in regard to the freights on the State road. By Mr. Neal, of Cass—A bill to lay out a new county from Cass and Floyd counties,* to be called McDonald county. By Mr. Harrison, of Chatham—A bill to author ize the issuing, during vacation, of alias executions in the several Courts of this State. By Mr. Chapman, of Hall—A bill providing lor the removal of the seat government from Milledge ville. The voters on the Ist of January next, are to endorse upon their tickets—removal or no re moval, to Atlanta or Macon. • By Mr. Hughes, of Liberty—A resolution to ap point a committee of three, to draft aud report a bill, to provide for a more accurate return of taxa ble property in the State. Committee—Messrs. Hughes, Lewis of Greene, and Pickett. By Mr. Finley, of Lumpkin—A bill for the recip rocal relief of the citizeus of the State, providing that in the event of a demand of specie, judgment shall be stayed until the Ist November next, ora general resumption of specie payments, upon giv ing bond and security. By the same—A bill to amend the laws in rela tion to the payment of poll tax. This exempts all over forty-five years. By Mr. Luffmao.of Murray—A bill to incorpo rate the Southern Mining company. By. Mr. Davis, of Mai ion—A bill to allow the trustees of married women, to pay to the hus bands, the income of the property, upon their giv ing bond and security. By Mr. Bigham, of* Troup—A bill to authorize Sheriffs, Coroners, and Constables, to attest all bonds taken by them, in official capacity—to dis charge honest debtors in certain cases. By the same—A bill to authorize Deputy Sheriffs to execute titles made by them at their sales, the same as Sheriffs. By Mr. Smith, of Towns—A bill to provide for the preservation of the public records. By Mr. Fain, of Union—A bill to define the mode of taking .cases to the Supreme Court by mandamus, where Judges refuse to sign bill of ex centum*, Ac. —referred to the Judiciary Com mittee. By Mr.Sherman,of Upson—A bill to incorpo rate the Bank of Upson, at Thomaston. By Mr. llillyer, of Walton—A bill altering the laws in relation to certiorari, so us to compel par ties seeking to make affidavit, that it is not for de lay, but upon good grounds. Upon motion of Mr. Kenan, the House took up a bill to authorise the issuing of commissions, and to legalize the commissions that may have been issued to certuin persons elected as Judges of the Superior Courts, and t<* amend an art to provide for the election of all the Judges of the Superior Courts by the free white people of the State, ap proved Jan. 12, lbo.—passed. The special order of the day was taken up—the bill to declare and define the duties of the Gov ernor in relation to the suspended banks. Mr. Diamond moved a suspension of its con sideration until next Thursday. Messrs. Kenan and Gordon opposed. The mo tion was lost. The bill was taken up. Mr. Schley offered an additional amendment. If the citizens offering bills for specie, on affidavit that they wish to pay executions, the bank must pay specie—adopted. Mr. Glass offered an additional amendment, that where property sold by the sheriff is purchased, the buyer can get the specie to pay for the proper ty. Mr. Finley ottered the proviso to Mr. Glass’ amendment—if the specie is not demanded until the day of sale, then the officer shall postpone the sale one term to allow’ defendant to pay the specie —adopted. Mr. Harris, of Dougherty, offered an amendment, that when parties plaintiff shall require specie, no tice shall be given in the writ served on defendant —adopted. Mr. Lewis, of Greene, offered as a substitute for the bill, the original bill introduced by Mr. Big ham, at the commencement of the session. The present bill was unconstitutional. The less done in this nutter the better* Mr. Bigham’s did less than auy other, therefore he proposed its adoption. On the sound the nays had it. A division was called. Mr. Bigham pronounced the present bill uncon stitutional, except one part of it. The legislature possessed the power of forbearance, but when the time of such forbearance was fixed, the spirit of speculation would run wild over the counti y. He 1 made one other point. Experience had proved such remedies as the present one unequal to the emergency. Mr. liewis, of Hancock, offered an amendment, that no suspended buuk should pay a dividend during suspension, and shall pay into the Treas ury one per ceut on capital stock. And also that it should not be lawful for* any bank to charge more than seven percent, interest. These amendments were discussed briefly by Messrs. Kenan, Gordon, Lewis of Huncock, aud others. Fending the discussion, the House adjourned until 3 P. M. The afternoon was consumed m reading bills a second time. The House adjourned until teu o’clock to-morrow morning. A. Mili.kdgeville, Dec. 1, 1857. Senate.— Mr. Slaughter, of Dougherty, moved a reconsideration of the sustaining of the de cison of so much of the journal yesterday as refers to the chair in deciding that the Senate could transmit matter immediately to the House, after its passage, by a no minal majority. The President decided the inoiiuu out of order, because the bill had passed out of the control of the Senate, anil consequently they could take no action upon the matter. Mr. Tucker, of Stewart, appealed from the de cision of the President in ruling the motion out. The Senate sustained the President by a majoiity of 32. Ayes SS, nays 26. Nearly an hour’s discussion occurred upon this point of order. A good many that sustained the decision of the President yesterday, decided that they were wrong in doing so. Those opposed to the*Chair take the ground that a transmission of matter to the House upon its immediate passage, is nothing inoie nor less than a suspension of the rules, and all suspensions must he carried by a two-thirds uiajority. lienee, the President is wrong. I noticed one Senator, a lawyer, addressed the President as “ Your Honor.” MATTER INTRODUCED. By Mr. Gholston, of Madison—A bill to provide for the erection of a new Penitentiary in a more eligible site. By Mr. Gibson, of Richmond—A bill to prevent the sale of ardent spirits ou election days in the neighborhood of the poor house precinct in Rich mond county. By the same—A bill to authorize the City Conn cil of Augusta and other city authorities in the State, and the Inferior Courts, to appoint an Inspec tor to prevent the sale of deleterious liquors, Ac. By the same—A bill for the relief of Mary E. Rice. By the same—A bill.to alter and amend an act in relation to writs of possession. By the same—A bill to confer certain powers on Notaries Public in this State. By the same—A bill to change the county line between Richmond and Columbia counties. By Mr. Graham, ot Lumpkin—A bill to amend the judiciary act of 17U0, in relation to the foreclo sure of mortgages on personal property, where the principal claim does not exceed the jurisdiction of Justices’ Courts. By Mr. Guerry, of Randolph—A bill for the relief of certain persons and banks therein named. By Mr. Harris, of Meriwether—A bill to require plaintiffs in execution giving further indulgence than is allowed by law, to pay costs before said indulgence is granted. By Mr. Hill, of Harris—A bill to define the fees of Ordinaries, Court Clerks, Constables, Jailors, Ac., Ac. By Mr. Hill, of Sumter—A bill to give livery stable keepers a lien upon stock. By the same—A bill to add an additional section to the penal code of Georgia. Any individual hir ing a horse to go a certain distance, and going fur ther than the aistance agreed upon with the same horse, shall be guilty of a misdemeanor. By Mr. Jamison, of Towns.—A bill to lay out and organize a new Judicial circuit, to be called the Hiwassee circuit, composed of the couuties of Habersham, Hall, Union, Fannin, Lumpkin, Towns, and Rabun. By Mr. Matthews, of Houston—A bill to incor porate the House and Flour Exporting and Bauk lug company. Bv Mr. Sliepherd, of Webster—A bill to amend the laws of this State, so far as relates to writs of certiorari. By Mr. Slaughter, of Dougherty—A bill to au thorize secondary evidence upon accounts m cer tain COS'S. By Mr. Stubbs, of Bibb—As chairman of the committee on the Institution of the Mind—mude a report containing much interesting Information with regard to this noble institution and its bene ficiaries. There are now twenty pupils, and many more applicants for admission. But an enlarge ment oi the building will be necessary to an ac commodation of those applying. The committee recommended the erection of a Targe, commodious, building and purchase of ample grounds to be con j nected with it. The institution is under the direc tion of an intelligent, philanthropical board of Trustees, devoted to the interests and welfare of the blind. They speak in the most complimentary terms of the proiieiency ol the pupils. The num ber of blind in the State, as estimated by the com mittee, is about four hundred, and yearly a rapid increase. The great majority of them are without know ledge, virtue, employment or happiness—neglect ed children of misfortune—a shame to themselves —a burthen to the community, and a reproach to the State. Experience proves an unqualified ca pacity for a general improvement ot this class of beings, and a judicious policy dictates a provision for iheir tnaintainance and cultivation. An appro priation was made last session of twenty thousand dollars, just thirty-five thousand dollars less than was necessary. 'They ask for the additional thirty five thousand dollars from the present legislature. Thereport is a lucid, able, comprehensive one, and contains many valuable*suggestious aud felicitous reflections. , . _ By Mr. Stubbs, of Bibb—A bill to author:se Free man A Roberts to manumit and set tree their slaves. By the same—A resolution to appoint a commit tee to enquire into the management of the State road. By Mr. Tison, of Glynn—A bill to amend the at tachment laws of this State. By Mr. Treadwell, of Whitfield—A bill to alter and amend an act approved 1856, so tar as relates to extending the time of commencing the work on the Dalton & Gadsden railroad. By Mr. Tucker, of Stewart—A bill to prescribe the inode of procedure in cases of suits at lavr or in Equity, by the legal representatives of decedents resident of other States at the time of their death. By the same—As chairman of the committee to ascertain the power of the General Assembly un der the amended Constitution as to adjournment, they decided the session ought to continue but forty days, unless protracted by a two-thirds By Mr. Buchanan, of Coweta—A bill to amend an act to prescribe the order of descent and suc cession ot the estate of illegitimate persons who die intestate, and to add an additional clause to the title of said act, passed March 4, 1856. By Mr. Ward, ot Butts—A bill to amend the laws in regard to defaulting tax payers, and to prescribe the duty of tax collectors in such cases; to change the oath of tax collectors; to tax the managers of lotteries in this State, and to prescribe the forfeit ure of the venders of lottery tickets in lotteries out of the State, and the manner of collecting the same; the tax on insurance companies in and out of the State, when agencies are established h. the State ; and where the taxes shall be paid; duty of the Comptroller General in case of failure ; tax on for eign bank agencies established in this State, and duly of the Comptroller when they fail to make returns; explains the ad valorem system, and what shall be given in for taxation, and prescribes the oath of tux payers ; railroad companies required to make their returns of taxes to the .state Treasurer, time prescribed, and the penalty of failure; the Comptroller directed to employ other counsel than the Attorney General, or Solicitor, in certain cases, by the advice of the Governor; and shall fix the fees ; tax laws to be digested and printed ; duty of Governor and Comptroller; therein to be distribu ted to the Receiver and Collector of taxes; their duty prescribed ; and their successors in office and their duty. By Mr. Ward, of Butts, Chairman of the Com mittee of Privileges and Elections—A report on the Burke county contested Senatorial election case. From the examination of papers, the pre cinct in the sixty-eighth district was presided over by three gentlemen, two of whom were Justices of the Peace, and one a freeholder. The Justices felt themselves qualified by their official oath to super intend said election, and under the same erroneous impression the freeholder was sworn in by them under the old law’. An error had been made in re turns of said district. Lawson received forty-seven votes and Gresham seventy-one; when, m reality, Gresham had received seventy-two and Lawson forty-seven. An error had been made in the re turns from the seventieth district. Lawson was returned nineteen votes, Gresham twenty-nine; while, in reality, Gresham only had twenty-seven votes. If the senate set aside the informalities in the sixtieth district, as not worthy of notice, then Gresham received a majority of three votes, in stead of there being a tit.*' The committee decline to decide the point, but requaat the Senate to act upon the facts aa their judgment dictates. Mr. Cone, of Bulloch, ottered a resolution that the Senate should permit Mr. E. B. Gresham to take the oath and his seat on the Senate floor, as the Senator elect from Burke county. Mr. Buchanan opposed the resolution. The bal lot-box is the great safe-guard of our rights, and he was strongly opposed to any thing which would in the least infringe upon the sacred ness and invio lability of this gieat institution. There was an in formality attending this election, and until that in formality was constitutionally corrected, or set aside, he would not vote for the election to be de clared a bona jUie one. Mr. Buchanan on the floor, and pending Mr. Cone’s resolution, the Senate adjourned until ten o’clock, to-morrow morning. House.-—The committee to w hom was referred the me m rial of llowell Cobb, of Houston countv, reported in favor of a purchase of a sufficient num ber of forms, to be at the disposal of the Gov ernor— »o judictarv committee. The judicial v committee reported favorably up >n a bill explaining the act iueorporat jngan tic ami Gulf Rail!(tad Company—passed. The committee on finance reported favorably on thb bill nr the r. lief of Elizabeth Thompson, ot Elht rt county -passed. Ttiev also reported favorably on the bill to pro vide for taxing express compau ea—amended t<- make the tax one half of one per centum (3$ of 1 per cent.) on the capital stock of said companies- The committee on the institution for the blind, made a report accompanied by a bill appropriating a sum of money, with which* to build an AsVlum and educate the blind in our State —to be printed Mr. Lewis, of Greene, chairman of the commit tee on consolidation, reported favorably upon the bills changing the linos between the counties of Irwin and Coffee, Jackson and Franklin. Giuner and Pickens, Jai kson and Clark, Marion and Slew art. Liberty and Tain all, Walton and Gwinnett, Berrien and Coffee, Greene and Taliafero. The consolidation bill was passed. Bills, changing the lines between several other counties, against which there were objections, were laid on the table for the prescut. The committee reported against the consolida tion of two bills, offered respectively by the mem bers from Mclntosh and Liberty counties. The two bills were referred to the Judiciary Commit tee. The Committee on Internal Improreruen‘3, to whom was referred the memorial of Raymond Thomaston, reported a bill to allow said Raymond i'hoiuaston the control ol' a certain area of laud on Tv bee island, for the uiami acture of salt. Upon the bill granting certain privileges to the Augusta Canal Company, the committee expressed no opinion, and the bill was laid ou the table for the present. Upou the bill to prevent monopolies in railroad and other companies, by prohibiting one person from holding appointments in mure than one e«» pany, they reported favorably. Mr. Harrison offered an amendment, “that no man should oversee more than one plantation at one and the same time.” This was ruled out of order by the Chair. Os course this was intended to show the palpable inconsistency of the bill., and operated powerfully against its passage. Mr. Smith, of Towns, made a speech in favor of the bill, enlarging upon the injurious influence of monopolies generally, ami the necessity tor a cur tailment of their powers. The bill was lost. The committee on banks, upon the memorial from the bill holders of the bank of Darien, re ported a bill providing for the payment of fifty per cent, of the amount of their claims, by the State. They also reported a bill to iucrease the banking capital of the Centra! Railroad A Banking Com pany, to five hundred ’bousaud dollars—upon the following terms: Whenever stock to the amount of five hundred thousand dollars shall be taken, the company shall invest that sum in the six per cent, bonds of the State of Georgia, which shall be deposited with the Comptroller General, as se curity for the redemption of the circulation. The circulation is to be four hundred and fifty thou sand dollars, and shall be stamped by the* Comp troller with the words, “ Receivable in all dues to the State of Georgia.” The road to be pledged 1 for the redemption of the bills. No bills uuder five dollars to be stamped. This bill is made the special order for Thursday next. MATTER UNDER FINAL CONSIDERATION. A bill to tnore effectually compel Sheriffs and Constables to pay over monies collected by them— ’ passed. A bill to incorporate the United Hebrew Society in Macon, Ga.—passed. A bill to grant certain Territory to the United S;ates, on which to erect a light bouse—passed. Mr. Hughes, the chairman of a special commit tee, reported a bill to more effectually provide for a true return of taxable property in the State. Tins bill operates in cases where property is valued too low. The tax receiver is assessor in each county. The bill points out the mode of tax- j ing property in such cases. The House then ad- : jourued until three, P. 31. AFTERNOON SESSION. The joint committee of the House and Senate, j to whom was referred the bill to alter and amend the twelfth section of the first article of the Con stitution of this State, 10 examine the right of the present legislate under said amended Constitu tion, as to the duration of the present session, re ported throiigii their chairman, Mr. Gordon, as follows: Whereas, doubts exist as to the duration of this session, under the recently adopted amendment of the Constitution; and whereas, these doubts may give rise to liquidation, therefore, in view of the* difficulties which may arise, this committee recommend that this session do not hold longer than forty days, without a two-thirds vote be ta ken by yeas and nays ; and that when we adjourn, we adjourn-to meet on the first Wednesday in No vember next, under the new Constitution. On motion of Mr. Gordon, the Senate bank bill was read first time. House adjourned. A. Millkdoeyillk, Dec. 2, 1857. Senate.—After the reading of the journal, the unfinished business of yesterday was taken up— the Burke county contested Senatorial election cane. Mr. Cone, of Bulloch, offered a resolution to de clare Mr. Gresham the Seuator elect from Burke wly, and allow him a seat on the floor of the Senate. Mr. Buchanan speaking, and pending -the resolution, the Senate adjourned until this moan ing. Mr. Buchanan resumed his speech against the resolution, reiterating the points adduced by him yesterday afternoon. Messrs. Cone and Spauld- i ing supported, and Messrs. Buchanan, Cooper and Slaughter opposed the resolution. Mr. Ward, of Butts, the chairman of the committee, explained the report of the committee. The supporters of the resolution contended that there is u fair legal majority for Mr. Gresham—that majority is an ex pression of the sovereign will of the people —no j illegal votes being given—and the little infor mality attending the taking of the votes does not alter the fact ot this majority being lie expressed will of the citizens of Burke county, iu their sovereign capacity. Consequently, since Mr. Gresham received a majority of the votes of the constituency of his county, we ought to bow to the will of the people, and declare linn the Sena tor elect. The opponents contended that the informality j was sufficient to set aside the election, since there was a law directing how elections shali-be con ducted, and how the persons superintending the elections shall be qualitied, and as this particular election was not superintended by persons thus le gally qualified, therefore the election was not a fair legal one, though it expressed the will of the people, and hence should be returned to the county. Mr. Slaughter, of Dougherty, offered a substi tute for ilr. Cone’s resolution, declaring that neither Mr. Lawson nor Mr. Gresham was the Senator elect, and directing the people of Burke county to hold another election. Mr. Slaughter supported his substitute, and Messrs. Tucker and Briscoe opposed it. Mr. Spaulding called the previous question, cut ting offal! amendments and discussion, and the call being sustained, the main question—Mr. Cone’s resolution—was put, and Mr. Gresham was declared the Senator elect from Burke county. The Presi dent appointed a committee of three, Messrs. Har ris of Worth, Tucker and Arnold, to intorin Mr. Gresham of the action of the Senate, and escort him to the President’s desk, for the oath to be ad ministered to him, which was done immediately. MATTER INTRODUCED. By. Mr. Warthen, of Washington—A bill to pro vide for the speedy trial of certain cases in courts of law and Equity in this State. By Mr. Neal, of Columbia—A bill appointing public Administrators and Guardians, ana defining their duties. Instead of Clerks of the courts offi ciating as the Administrators and Guardians of un protected estates, such Administrators and Guar dians are appointed. Counties, not desiring to he guided by the provisions of this bill, are not cem pelied to do so. By Mr. Smith, of Hancock—A bill to change the 20th section of an act to carry into effect the amended Constitution of this State, and for other purposes, approved January 21st, 18">2. This bill authorineß any Ordinary, who is a practicing At torney, to form a legal law co-partnership in all other courts than the courts of Ordinary. MATTER UNDKa FINAL CONSIDERATION. A bill to amend the Ist section of the 3rd article of the Constitution—to vest the Judiciary of the Slate in a Supreme court, county, and Justices’ courts. This bill passed the last legislature, was approved by the Governor, and has passed the House of Representatives of the present General Assembly bv a Constitutional majority. Mr. Tucker offered several amendments to the first paragraph. A point was here ruised as to whether they were in order. Mr. Strickland moved to postpone the bill indefinitely, tu order to give i the opportunity lor discussion, Ac. Home desultory discussion ensued, when the ayes and nays were called, and resulted in the in definite postponement of the bill by a vote of sixty-one ayes to twenty eight nays—majority thirty three. VOTE ON THE BILL CHANGING THE CONSTITUTION. Yets. —Adams, Atkins, Arnold, Ashley, Bennett, Billups, Blood worth of Carroll, Bloodworth of Bike, Browning, Bryan, Bullard, Byrd, Ourle t »n, Coffee, Cooper, Cone, Crowder, Drake, Fortner, Gholsion, Gibson, Gresham, Graham, Hammond, Hart, liarnsof Walton, Hays Hill of Sumpter, Jamison, Jurrard Johnson of Pauld ing, Knox, Lockheurt, Mallard, Mat'hews, Mc- Donald, McGuire, Me Rea, Morell, Neal, Pope, Quilhati, Retd, Robinson of Laurens, Robin sou ot Talbot, Riley, Stowers, Strickland, strip ling, Sutton, Tate, Thomas, Treadwell, Turner, Ward of Butts, W ebb, West, Westbrooks, Wil, liarnsof Berrien, Young—Yeas 6i Naya. —Arnett, Bartlett, Briscoe, Bush, (’oilier. Fain, Fambrn, Gordon, Griffin of Calhoun, Guerry, Harris of Met ri wether, Harris of Worth, Hill of Har ris, Josscy, Mounger, Price, Shepherd, Shropshire, Slaughter, Spaulding, Smith of Haucock, Stokes, Stubbs, Tucker, Walker, Warthen, Whitaker, Wooteu —N ays 28. This is certainly a very summary disposition of this measure, receiving, ms it has, the sanction of the last General Assembly, of Governor Johnson, and the present House ot Representatives. I be lieve, however, that the reform is more acceptable to the iegal profession, than to the mass of the people of Georgia, in several counties, opposi tion to it was made the test question tor election. The majority against the bill was so large, awl the opposition so decided, that a reconsideration in the morn ng is not a probable contingency. Several bills were taken up tor a second read ing, after which the Senate adjourned until three, P.M. AFTERNOON SESSION. The most of the evening was occupied in read ing bills a second time. The rules were suspended to take up a bill to de tine the line between Mclntosh and Liberty coun ties. Mr. Mallard offered a substitute, and made a speech in taygr of it. Mr. Spaul4Pg replied to him. Toe debate was quite a spirited one. This line is an old bone of contention, and has been mooted fur the last twenty years. There has been a dis agreement between the citizens of the two coun ties as to the direction of the line. According to Mr. Spaulding’s account, aud Mr. Mallard’s indi rect acknowledgement, the Liberty county people have been covetous of a portion of Mclntosh coun ty, and the citizens of the latter county have been strenuously opposed to this retrenchment of tbeir boundaries. Repeated attempt* have been made to consummate this object by ail available means By reference to a previous re »©rt of the proceed ings of the House, it will be tound that the two bills to define this line, introduced in the House bv the two members, respectively from Liberty and Mclntosh counties, could n<»t be consolidated by the consolidation committee, because they were inconsistent. In the Senate, Messrs. Spaulding and Mallard likewise disagree. After considerable debate, the substitute of Mr. Mallard was lost. Mr. Spaulding then intioduoed a substitute for the original bill, which was adopted. The bill, then amended, passed. After the passage of a few private bills, the Senate adjourned until half past nine o’clock to morrow morning. House. —At the hour for the meeting of the House under the resolution adopted yesterday as- ternoon, the rote was ordered to be called and the absentees noted. The Speaker remarked the ab sence of Mr. Harrison, the introducer of the reso lution. Mr. Hardeman moved that a tine of twen ty-live cod us each be imposed on ad those who voted for the resolution who were absent from the House at the roll caii; the money to be collected only from those who bad not suspended ; those who had tuspeuded, were not to be pressed The House reconsidered as much of yesterday s journal as relates to the resolution carried, fixing the time of adjournment for the House, in order to amend it. The joint committee on the lunatic asylum re ported a bill to alrer and amend the several acts iu I relation to the asylum, and to appropriate money | for the completion of the building now in progress 1 of construe;ion. Three hundred conies of ;l»c re | port and one hundred and sixty of the bill are ordered to be printed. MATTER INTRODUCED. I By Mr. Grah .m, of Appling—A bill to facilitate the collection of open accounts —unless defendant desires jusiice by written plea. By Mr. Mattox, of Bryan—A bill to amend the i twelfth section of an act to collect the tax of 1852 and 1853. This alters the oath taken before the i tax receiver. By the same—A bill to allow the sheriffs to be elected for more than one term. By Mr. Fillmore, of Cass—A bill to compel banks to redeem bills under five dollars; to re deem all circulation afier Ist of November next. After November, the State shall receive nothing but g<>ld and silver. By Mr. Spray berry, of Cotoosa—A bill to repeal bail laws, except in certain cases. By Mr. Harrison, of Chatham—A bill to repeal all laws exempting certain persons from jury dury, except, members of certain companies. By Mr. Harris, of Dougherty—The following set of resolutions: RESOLUTIONS OP MR. IIASBIS, OF DOUGHERTY. By the “compromise measures” of 1850, the State of Georgia, though deepl? aggrieved, yet, for the sake of the Union, surrendered her interests, touching slavery in the Territory of California. She did s*'» upon the distinct understanding, among other things, of non-inlerfertnce by Cony res* with shi eery in Si ate and Territory, or the District of Columbia. Upon the faith of this understanding, she felt that her rights, her equality and her houor I in the Union, were recognized, and that, in com* mou with her sister southern States, she would be exempt from insult and the whole country from agitation. That faith was strengthened when the principle of non-intervention was adopted by both the great political parties of the Union, in* 1852, | and practically applied by Congress in the nrgatii -1 zation of the Territories of Kansas and Nebraska, j by the repeal of the Missouri Compromise, and the ; distinct enactment that the people of the Territo ries should decide the question of slavery for them -1 selves, in the iorm&tion of their Constitutions preparatory to admission into the Union. That faith ! was confirmed and exalted into pride and exulta tion when the doctrine of non-intervention was so boldly avowed by Mr. Buchanan in his inaugural I address, and so triumphantly sustained by the So* | preme Court of the United States in the Dred Scott j case, as the correct doctrine of the Constitution. We felt tout the South must be safe after the doc trine had thus received the sanction of Congress, the Supreme Court and the President. For it prop erly implies, notonlv non-interference by Congress, but by every department of the Government. The Chief Executive of the United States, and all his appointees to office, are bound to observe strict neutrality, uud to execute the principles faith fully. lie must not violate it himself, nor tolerate its violation by his subordinates. He is equally to blame in either case, and ought and will bt held responsible for the consequences. The wrong to theSouih of Executive interference, is just as great as if it proceeded from Congress; and as a party to the “ compromise measures” of 1850, the aouth is cheated it they but transfered intervention from the latter to the former. Hence, as her represen tatives, in General Assembly met, we should be blind to passing events, faithless to principle and recreant to Georgia, if we failed to give manly utterauce to our painful convictions that in the management of affairs in Kansas, the doctrine of non-intervention has been violated. Therefore, lit solved. That the position of Governor Walker, in his Inaugural Address, in throwing the weight of his official opinion, founded upon climate, Ac., against the southern side of the question in the Territory, in proclaiming that the Constitution of Kansas should he submitted lor ratification, as the only mode of adoption, when “the legally and fairly expressed will of the majority of the actual residents” of the Territory might determine an other, and in declaring the class of voters to whom only it should be submitted when “ the legally and fairly expressed will of a majority of the people” might determine otAertciee, was in plain, palpable and dangerous violation of the principles of non intervention, as understood bv the compromise measures of 1850, and practically adopted in the Kansas act. Iteeolvini, That this conduct on the part of Gov. Walker, us well as his late illegal interference with the returns of elections in Kansas, requires his prompt removal by the President, and failing to do s >, Mr. Buchanan assumes his acts, and must therefore be held responsible for the consequences. dissolved, That our Senators in Congress be, and they are hereby instructed to vote against the con tinuation of Walker’s appointment to the Gover ship of Kansas by the President. dissolved. That Georgia, now, as she has ever been, is ready to stand by the principles of the Kansas act in good fuith, and to welcome, as a sis ter into the Union, any new States with or without slavery, it the doctrine of non-intervention has been fairly and faithfully acted upon, and the peo ple of the Territory have been permitted to deter mine the question for themselves, without the in termeddling of the federal government or its otli cials. dissolved, That we regard a strict and rigid ad herence to these principles, without looking to the actual results of their practical operation, as es sential to the peace aud safety of the Union, as well as the rights of ihe South, and we look to sound constitutional men. North and South, to see to it, ihai they are firmly maintained and carried out in good faith, in practice as well as theory. dissolved, That Ills Excellency, the Governor, cause copies of this preamble and resolutions to he forwarded to our Senators and Representatives in Coogr* ss. These resolutions were referred to the Commit tee on the state of the Republic. By Mr. lliilyer, of Walton—the following reso lutions : dissolved. That it is the sen&e of the General Assembly of the State of Georgia, that a hard money currency is the bt*st safeguard which can be adopted, to protect the prudent and industrious from the ruiuous consequences of the extravagance ot the times, and ot reckless and imprudent specu lation by men who make too much haste to be licb ; and the adoption of such a currency is the only measure which will secure to the nation the uni form and permanent benefits ol its prosperity, and prevent the recurrence of monetary panics and tiuctuations in the value of property. dissolved, That, since the State of Georgia com prises but a portion of the great agricultural, com mercial and manufacturing inteiests of our country, and all the institutions of her people bear a close and powerful affinity to those of other States, therefore it is deemed that any measure adopted by her to secure her people a sound cur rency would prove inadi qnate. Resolved, That this General Assembly has no hostility to bauking institutions when based upon a system which gives to the patrons of the bank absolute security against loss, and when the said bunking institutions are not used for the purpose of furnishing a circulating medium. ditsolvetl, That our Senatorsand Representatives in Congress, be requested to employ their influence in procuring the adoption of a measure by the General Government, which will inaugurate a spe cie currency iu our whole country. And for that purpose we recommend : Ist, That all insolvent and defaulting banking institutions be wound up by a bankrupt law. 2d, To suppress all paper bills under the denomination of twenty dollars, by a stamp duiv. die tolled. The evils of the existing systems of banking and financiering are conclusively proven by the fact, that in the present financial crisis, the people of Georgia are under the dominion of a monetary power, uud are bound in chains so artfully forged, that every effort for liberation only results in torture to tlierase.ves, without giving any pros pect of relief. These evils should be remedied, and while it may be true that the exciting state of affairs is beyoud the reach of perfec relief, yet we think the action of Congress recommended above will prevent them for the future These resolutions were referred to the Commit tee on the state of the Republic. By Mr. Underwood, of Floyd—A bill to add an additional section to the Constitution—to prevent the legislature from chartering or extending the charter of any bank, and to punish persons circu lating bills of bauks of other States. By the same—A bill to incorporate the Georgia and Alabama Steamboat com any. By the same—A bill to amend the charter of the Georgia and Alabama Railroad Company. By the same—A bill to authorize the city of Rome to subscribe for one hundred thousand dol lars worth of stock in the Georgia and Alabama Railroad Company, and issue bonds for the same. By Mr. McConnell, of Gordon—A bill to ex empt certain property from sale—two hundred dollars worth of lawyer’s or physician’s books. By the same—A bill to authorise the Justices of the Peace to give judgment on ©pen accounts, without their being proved ii open Court —when already proven by affidavit. If the defendant swears the account paid, or unjust, there shall be no judgment. By Mr. Mintz, of Jackson—A bill to change the line between Franklin and Jackson counties. By Mr. Wilkes, of Lincoln—A bill to establish a ferry over the Savannah river. By Mr. Battle, of Monroe—A bill to remove the Penitentiary to the Stone Mountain, and to appro— priate money to carry out the intention, purchase land, Ac. By Mr. Reid, of Putnam—A bill to better pro tect the rights of securities, endorsers, Ac. By Mr. Mi Hedge, of Richmond—A bill to change the name of the Atlanta and LaGrange Railroad Company to the Atlanta aud West Fo*nt Railroad- Company. aud for other purposes. The resolution fixing the time for the House tc rneet was taken up, on motion of Mr. Hardeman., and amended. The House shall meet at A. M., and adjourn at 1, P. M.; meet at P” M. ; , and adjourn at 5, P. M. Mr. Crittenden moved the appointment of a com mittee to tender seats on the House floor to ex- Governor Johnson and Judge Warner—Carried.- Committee were Messrs. Crittenden, Luffman and Fain. The committee escorted the above named distinguished gentlemen to their seats. The special order of the day was taken up—the* omnibus bill. Pending a motion of Mr. Hilljer, to strike out all the roads except the Georgia Air-Line Railroad. Company, the House adjourned on the day pre vious that it was considered Mr. Hillver had previously stated he was a friend to ihe Georgia Air-Line railroad. In ac cordance with a solicitation subsequently made to him by the advocates of the measure, he now withdrew his motion to strike out. Mr. Wilkes, of Lincoln, renewed the motion tc* strike out, as he was opposed to omnibus measures from principle. Mr. Glass, of Newton, made a very creditable speech indeed against the whole bill. He is one of the youngest members in the house, and from his talents and dignify has already taken a high ’stand, and given lair promise of being one of the leading men among our legislators ; when he shall! have added experience to his fin * abilities. lie intended making the motion to strike out liim3eif. He reviewed the position of those who had ad dressed the House upon the subject. They bad said it was not money, but credit that was* asked from the State. This he considered a shallow ar gument. It was equally wrong to endorse railroad as private contracts. The question should be sub* mined to the people. He would fight th«i bilil openly. If the motion to strike out did not pre vail, he would vote to bring in under the provisions of the bill every road in the State. Let all have an equal chance. He wished the personal property of stockholders made responsible. Then, after all* he would oppose the measure. He was opposed tc» omnibus bills. If the bills could not go through upon their individual merits, and it was necessary to combine in order to secure their passage, he was uncompromisingly opposed to them. If a di vision of the bill could cause a defeat, then let there he a defeat. Mr. Westmoreland on the floor, the House ad journed until 3, P. M. AFTERNOON SESSION. The discussion was resumed this afternoon.. The speakers were Messrs. Westmoreland, Harde man und Uigham. The remarks of the speakers were mostly a repe tition of the argument pro and con, that have been already reported in the speech of Mr. Speaker Un derwood tor, and others against the bill. Mr. Big ham made a most eloquent and argumentative ef fort. Fending the bill, the House adjourned until nine o’clock to-morrow morning. A. From the Panama Star if* Herald . Important from Nicaragua—War with. Costa Itica—(•uatemala—• Salvador. Arrival of the Steamship Columbus. —The Panama railroad cornpanv’s United States mail steamer Columbus, J. M. l>ow, Esq., commander, has ar rived from San Jose de Guatemala and intermedi ate Central American ports. Latest dates are Guatemala, October 22; Cojute peque, (Salvador), 24 ; Granada, (Nicaragua), 81 ; San Jose, (Costa Rica), 81. * Guatemala, —The number of cases of cholera in the capital, from July 8 to October 21, is set down at two thousand nine hundred and forty-two ; deaths, one thousaud two hundred and thirty-three,. which exceeds the total during the attack of 1847. The epidemic is now ou the decrease. An official document states that twenty-four thousand three hundred and seventy-seven dollars ha** been paid to the widows and orphuns of the troops who perished in the Nicaraguan war. Salvador.— The decree issued by Costa Rica against the landing of fillibusters. on the 7th of' August has been approved by Salvad* r. It is reported that the indigo crop this year will. be much below an average. Nicaragua. —The Gazette contains a declaration of war against Costa Rica, in which it states that the government will preserve its rights to the whole line of transit, from San Juan del Norte, to San Juan del Sur, as well as to the district of Gua nacasta. Another decree in the same paper names Don, Gregorio Juarez and Don Rosalia Cortes, as Chiefs in charge of the government, during the time that Generals Martinez and Peres take charge of the* army. Don Marcario Alvarez is named Secretary of War. * *: Gen. Thomas Martinez has been appointed Com mander-in-chief of the armv. A letter is published from Col. G. F. Cauty (no date or place) calling on Col. Segundo Cuaresma commander of the fort of San Carlos, to surrend i to him in the name of the Costa Rican government.: in case of non-compliance his orders are to block - ade the fort and starve it out. Report says that Col. Cauty is on the lake in one of the steamers,, and that he had been fired upon by the Nicaragua© forces. It is also said that Mr. Cary Jones, who is in Granada, supports Nicaragua in its resistance to the claims of Costa Rica. We translate the following from the Giccta Of' coil, of Munagna, Oct. 24th: DECREE NO. 189, IN WHICH THIS GOVERNMENT ACCEPTS TIIE WAR WHICH COSTA RICA MAKES AGAINST IT. The Supreme Government of the Republic if Nica ragua to its inhabitants: Considering that the difference of the govern ment of the Republic has not been sufficient to re strain the intentions of that of Costa Rica, and the hostile operations undertaken to seize the river San Juan, the lake, the entire Isthmus, between San Juan del Sur and Virgin Bay, with the view of getting the entire transit route into its power. In view of the despatch dated the sth of August, by the Minister of Relations of that Republic, re fusing for its government the cession made by Nicaragua of the District of Guan&casta, and the right bank of the river San Juan, from within two miles below Castillo Viejo to Point Castillo. The Captain of the steamer San Carlos, Sir G. Cautv, having announced the blockade of the Fort of San Carlos, and demanded the surrender of the force that garrisoned it, all by order of the Cap tain-General of the Republic of Costa Rica, as is rthown by ihe note which the said Captain address ed to the Commander of the said fort, which is published herewith—Decrees: Art. 2. Nicaragua accepts the war which the government of Costa Rica makes, and will vindi cate its rights, treacherously outraged by the con duct of that government. * Art. 2. The Republic of Nicaragua will preserve intact its rights to all the line of transit by the river and lake, as far as San Juan del Sur, as well as that which it has on the District of Guauacasta r its lands, woods and rivers. Art. o. It will proceed to raise the necessary force to carry into effect the dispositions of the* present decree. Art. 4. Communicate itto whom it may concern.. Given in Managua, October 19th, 1857. Thomas Martinez. Maximo Jerez. Complimentary.—The Fayetteville (N. C.) Ar gus is responsible for the following: Their J (ark. —A correspondent of the Raleigh- Standard says: “Os our North Carolina delega tion much is expected. The Senators are men good aud true; from the previous experience and bearing of the members of the House, they will,, if they do their duty, make their mark.” This we can confidently say—our members will make their mark if they do what a majority of their constituents are compelled to do—whenever they sign. Washington, Dec. 2.—Hon. Mr. Davidson, cC Louisiana, says that the report of the loss of Hon. Mr. Sandige, a member of Congress from hilt State, by the burning of the steamboat Rainbow,, is untrue, as he bas gone North in the steamer j Alabama.