The Western herald. (Auraria, Lumpkin County, Ga.) 1833-1???, December 14, 1833, Image 2

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iimJ opposed iy Messi s. thV ; ’ - Xoal oi -Ne.u .1, .qid G.-rdon of i’utnuu. -*r. Walker, opposed nil retxmsidcr.iiion, Mr. Bax ter favored it. The question of order being enforced against Mr. Chappell's motion, the reading of the jv.mual proceeded to tho end of the resolution.', —when dr. lawn.-m- v ‘•>’ rccinsider the whole subject. An r.nir.aTed . debate ensued on tne amendment ■ V Wo: ford in which*.Mrssr . <-ei. Towns. Dar.ioil, Wofford and l :n;|K . , ilcipateil. Nr. I'hippblji sitbsmti’ b-.s ‘ fi* Of the on :• substitute for Mr. Towns’. _r titled the subject to be n • < I ‘anielappealed from tho d>\ .'■ - sustained in the appeal. i. consideration on Mr. ■ ... -a decided in the negative by y rays 3d committee r.i Ha Senate was appointed to -:>r • a of the House, on the d:.-igio • =<-:;t in reference to ihe resolutions r. ti ‘ >x . ination into the affairs of the Mr. e ; ani Planter’s Rank ot Augusta. •■YTojiiiJj, -- - - 2. Mr. McConnell, reported a bill pr-nifiu, m Taking the census in the counties ccni.n's.ag the Cherokee country. On leave tho follow ing B ;.’ s were report.:'! Tnstantcr, and read Ist time. Mr. DanieH. —To authorise tho Steam Boat Company of Gecrg'a, to run a Canal or Rail Road from Augusta, to some point on the Savannah River, so as to avoid the shoals and Other obstructions in said River. Mr. Towns.—For the relief of the purchas. ers of Tractions and square iets in the Ist dts. trict of originally Muscogee. Mr. Liddle.--Ta alter and amend tho Charier of the Central Bank, and also to provide for the sale of lands which have been forfeited io the State. The reconsidered Bill to cause the Divi. <3cnds of the poor school end Academic funds to bo distributed according to white population was taken up; Mr. Stapleton, moved to lay it, on the table the balance of the session, lost; yaes 35, noes 44; Mr. Daniell to recommit it, : yaes, 45 nays 43, it was then passed, yaes 44, j Does 36. The Bill to make valid all contracts made prior to the drawing for lands drawn in the late Gold and Land Lotteries by persons of and • over the age of IS years was laid on the table the balance of session. Among the bills originating in the Senate and now for committee ot the whole ou the third reading are, A Bill to incorporate a Bank in East 3lacon capital $300,000. A Bill to provido for the call of e convention to reduce the number of the General Assembly the. On the Ist Monday in January, the peo ple to elect delegates in number equal to their representation in the House of Representatives. The qualification of a delegate—26 years old, —an inhabitant of the State seven years, and of the county one year. Tho exclusive object of the General Assembly. But by section sth it is made “a fundamental article in the for mation or amendment of the constitution, that •each county of the State, shall be entitled to at least one representative in tho represenative branch. To lix the pay of the members during the first twenty two days, at four dollars and for the rest of the session at two dollars per diem. To make every captain’s district in the State ■fin election precinct. To sell all the slaves [public h inds] belong ing to *be State. To incorporate a Central Manuel Labor School. To abolish the Inferior courts. Five justi ces to tie elected, to form a county court, and have charge of all county business. That there ehall i>e a court of Ordinary, [for each county we suppose] in which one Judge only shall preside who shall be a licenced attorney who is to have a salary and be elective bv the General Assembly, every two years and eligible to rc clection. This court to do the residue of the business now done by the Inferior courts. To Incorporate for thirty years the “Georgia Mining Company” capital SIOO,OOO with the privilege of doubling it. Every stockholder personally answerable for the debts of the com pany to the amount of profit he may have re ceived from it in dividends, &c. Academy funds, application of a majority of the trustees of Academies in the county not to be necessary; each one on its sepcrate ap plication to draw its proportion. We have before noticed the resolution offered by Mr. Burns, directing that another vote be taken at the next general election on the ques tion of white population. Tuesdiy Dec. 3. Tire Senate had before them and passed the bill to divide Murray county. The names of “Whitaker, Horry, Wilde, St. Ciairand Rutledge were offered in addition to those proposed yes terday. The question was taken first upon Rutledge, and next on Fauche, and lost yeas 85. nays 41. Then on Walker, carried yeas 55. nays 16. A consolidated act for the incorporation of a great number of Academies, was taken up ia oommittco of the whole, —laid on tho table. The bill to provide for a convention to reduce ! and equalize the representation in the Statej Legislature, was made the order of the day for Friday next. The bill to direct the removal of the lock across the Oconee Kiver, near Milledgeville; was taken up in committee of the whole; the i nmmittee rose and asked leave to set again. Adjourned till tbiee o'clock. HOUSE OF REPRESENTATIVES. November 13, 1833. Committees appointed to report Hills. Messrs. White, Collins, and Robins of Col u tibia, to authorize tho Justices of the Inferior c • .rt, to establish an asylum for the invalid ooor of said county. I Mi -rs. Steelman, Murray and Hall, to move th, >eat ofgovernment, to Clarksville, in Habcr sh mi county. Messrs. Garrison, Bates ond M’Afoe,to au thorize the Justices of rLe inferior court, of Had county, to apply the Uixes to the purpose of huildrig arourt house. ■> M-'ssrs. Hamilton j, Wood of Hall, and Wynn, to compel tile pe.iilir hands now working the road from. Ge.nsville, to Tahlohuaga, to contin ue it from Wviin’s ferry, to Forsyth court house. I,\ ssrs. Harris of Walton, Harris of Pike, aw son, to appropriate monies for the sup t of the Government, for the y< ar 1834. >i ssrs. Hilliard, Adair and Overstreet, to j„M| au a. t. prolonging the time of taking out mis m the laud lotteries, oflßl9 and 1819. ’1 o .sr ’ Little, Shine, and Kent, to authorize ‘;i>t: sol (he inferior court to commission all captains and their subalterns, and justices ofths P ce. Messrs. Meriwether, \oung of Oglethorpe, •t.ivte, C llius and Stanford, to investigate the atlairs of the Merchants'and Planlers’Bank of Augusta. Bill-.- were severally read the second time in their order. Nor ember 21, 1833. j On lotion of Mr. Sayre. Sir. Rhodes was i added t<> tho committee to investigate the affairs of Alercftants’ and Planters’ Bank of Au- gusta. !M tssrs. Hammond, Dobbs and Wood of Hal I, to authorize justices of the Inferior court of t,.c county of Fersyth, to open roads on the west huik of the Chattahoochee river, opposite to fer ries un the east hank of said river. VI. ssrs. M’Lennon, Harris of Richmond, and Harrison, to prohibit -ree persons of color, from owning, carrying, or using fire arms. Bills passed. To reduce the fees on Grints of land drawn in the late land and gold lottery. November 22, 1833. The following communications were received from the Governor: Executive eimrthient, Ga. Milledgetille, Nov. 22, 1833. I transmit to the House of Representatives a j communication received Iron Jonathan H. Cobb, ol Dodbam, Massachusetts, accompanied by three copies of his ..anual, on the culture of Silks, therein reterred to. The coinmunicat'.ins will explain the object j of the author, and is int-rviore respectfully sub- ! mitted, under the belief that it merits the respect fu! consideration of the Legislature. WILSON LUMPKIN. Executive Department, Ga. JWilledgeville Nov. 22, 1833. I herewith tiansmit to the House of Repre sentatives, a copy of a report made to this de ; partment. by IVra. B. Davis, Esq. the superin tendent of the public hands, authorized to open i the avenue, and onstruct tlie foundation tor the Rail Road trom Brunswick to the Alatamaha— j I which report will be found to contain a brief view of the operation of the superintendant, as well as the present situation of the hands, and the progress of the work contemplated by the Legislature, further it will be seen by said Re. port, that Mr. Davis has hitherto received no compensation for his services, ail of which is respectfully submittp f. WILSON LUMPKIN. Executive Department, Ga. Milledg- ville, Nov. 22,1833. To Ike House of Representatives: Your resolution of (He 19th inst calling upon the Governor for detailed information in rela. tion tothe public hands, and the various opera, tions, progress and success of the present sys. tern of internal improvement, with the cost of the same, from its commencement to the present time, has been laid baforc me and duly considered. Most of the items of information called for, have already been transmitted to both branches of the General Assembly, at the commence ment of the present session, and in as clear and I distinct?, manner as the m -ans of the depart ! ment justified, accompanied by a correspon dence with the superintendent of the work which will evince the proper attention and vigilance of the Executive in regard to the subject. More over the anuoal Reports giving the official de tails of every tiansacti,in, relating to this srr vice are supposed to be on the tiles of the. two Houses of General Assembly, and arc therefore as accessible to either of those bodies as they are to the Executive, being copies of the files, and particuliarly to the documents accompany ing my late animal Message, as affording all the information in the possession of this depart ment. WILSO x LUMPKIN. Bills were reported by the following gentle men. Messrs. White, Dye, Mo-re of Campbell, Snick, M’Elcxy, Bowen, Blair, Moore of Em anuel, King ofYl’lntosh, Burns. Sims, M’Len uon, Spivey, Davis of Upson, Harris of IValtoii, Pace. Notice for the appointment of committees, tu report bills, was given by Messrs. White, Heard, Beck, Wilson, Blair, Kiwi of M’lntosb, Thorn ton, Perdue. November 23, 1833. Committees appointed to report Bills. Messrs. Bock, Adair and Ash, giving Justi ces of Pcuco, power to compel persons to aid them in superintending elections. Messrs, Blair, M’lntvie and M’Elevy, to au thorize the Governor to extend and enforco the laws of this State, over that part of the territory of Florida lyingnorth of the new line. Messrs. White, Anderson f Wilkes, and Hubbard, to protect purchasers at sheriff's sales, in certain cases, and make void certain sales made in violation of the provisions of said art. Messrs. Heard, Uulker <>t Lumpking, and Leohard, to authorize the Governor, to issue, a grant for lot No. 871, 12th district, Ist ;c< (ion of Lumpkin county. November 24, 1833. Resolution, offered by Mr. Mitchell, that members not be entitled to any pay, for tho day, or days, they may be absent. Mr. Steelman reported a bill instanter, to re. peal tho charter of tho t?nicn Turnpike Cvfii pauy. Executive Department, Ga. MiUedgeville, 25/A Nov. 1833. In complaince with a request contained in a resolution of the House of Rcpresntativcs, ol the 15th instant, I have caused tho files and re cords of this office to be carefully examined,! from which it appears, that no deed of relinquish ment, or oiher communication from Dr. South worth Harlow, late of Burke county, deceased, for lot No. 140, in the 20th district of Early countv, is to be found on the files of the De partment. —Moreover it appears from the re cords, that said lot was granted to Dr. Harlow, on the 24th of August, 1830, under tho adminis tration of Governor Gilmer. WILSON LUMPKIN. Tuesday, Nov. 26. Tho House had before them to-day the bill on its third reading for the divoco of Abram Walker, and his wife late of Athens. The ev idence was partly read, but the rest was dispen sed with, and the question taken, on the pas sage of tho bill. Passed, yeas 123 nays 14. The house then took up the bill to incorpor ate the Georgia Rail Road company ; and the second section being still under consideration ’ [for which see our last,] lurther amendments and substitutes were offered by Messrs. Davis of Glynn, Harris of Walton, and Pace. The last was a substitute for the 2d section and re served to the State the right of hereafter author izing rail roads to cross it but not to run parallel with it. A debate ensued which occupied tho house until adjournment. The question pres.; ented under various forms was substantially j this ; whether the company should have the ex. j elusive right between the points designated on ly, or such an exclusive right as would prevent■ any future work ol the kind from crossing it in extending trom the lower to the upper part of the State. Mr. Pace’s amendment reserving this rig ht was finally carried, yeas 79 nays 71. Messrs. States, Davis of Glynn, Harris of Walton, Pace, Groce, Stanford, Glascock, Young of Oglethorpe, Cooper, and others engag. ed in the debate. Soon aftei Mr. amendment was car. ried the.house adjourned. Wednesday, Nos. 27. The house took up the amendment by the Senate of the act from the house, for disposing of the fractions by lottery. The several amend, meuts were all concurred in by the house. The principal one being that of excluding from the benefit of draws persons who may arrive at 18 years of age by the 4th ol March next, was carried by the casting vote of the Speaker, the house being divided. ML Boring laid on the table a resolution that the Legislature will adjoin sine die on Saturday the 14th of December. Mr. Wood of Hall, reported an act to author, ise the Sheriff of Hall, to advertise his sales in any papers in the Stale. Mr. Pace reported a bill to define tho duties of clerks and sheriffs of this State in issuing and levying exections. Mr. Harris of Warren, reported a bill to mend the patrol laws of this State. The house dispensed with the order of the day, and took up the amendment of the Senate to the resolution of the house for the appoint ment of a joint committee, to examine the state oftlie Merchant’s and Planter’s Bank. The Senates amendment, was the substitution of three commissioners to be appointed by the Governor, for th joint committee proposed by the house. After some remarks by Mi. Meriwether in op. position to the Senate’s amendment, the house refused to concur. A committee of conference was appointed, consisting of Messrs. Meriweth er, Bates and Rhodes. The house then took up the biii to provide for the payment of the agents employed by the State, to assert and protect the right of the Cherokee Indians, and made it the order of the day for Saturday next. Thursday, Nov. 2S. After some formal ant! local business, the Houee took up the orders of the day, being tho resolutions offered by Mr. Cooper. Mr. Bates moved to lay them on the table for the rest of the session. On this motion an animated debate ensued, Messrs. Bates, Steelman, King of Mclntosh, Burns, Harris of Walton, and Glascock, sup porting the motion,and Messrs. Cooper, Alford, Wilboum, and Clayton opposing it. After a long debate, in which the theory and tendency of State rights and of Federal suprem acy were pretty extensively dicusscd, particul arly by the five last named gentlemen, the re solutions were laid on the table for the residue of the session—Yeas 94, Nays 64. Many friends of the resolution no doubt voted in the affirmative—Several of them stated as their reason for so doing, a persuasion that to dis ‘uss them at that time and place would be unprofita ble and a waste of time. Mr. Stanford reported as duly enrolled the bill to dispose of the fractions by lottery. The Governor transmitted by message a re port by Mr. Wm. Nichols, the Engineer, of a survey of the Chattahoochee River, between Columbus and West Point, with maps, plans, &c. which were referred to a select committees of Messrs. Alton', Thornton, Wellborn, Cran- berry and Peddy. The House then took up the bill to amend the penal code, which was read the first time. This is in lact anew penal code ; forming printed pamphlets of 72 octavo pages. Friday, Nov. 29. Mr. Cooper moved to reconsider a vote of the houso ofyesterd y, on a question of order. Lost, yeas 77, nays 79. Mr. Cooper then moved to reconsider the vote of yesterday, laying his resolution on the table for the test of the session. On this mo j tion Mr. Cooper entered upon thewholesubject, and doctrines embraced in his resolutions. W ben the house adjourned he had notconcluded Ins remarks, intending us we understand to le feunm tho,:.! to day. Nothing was doilc in either house but the dis cussion of these resolutions, of Vlr. Chappell in onc,aud of Mr. Copper in the other. SulurJay, Nov. 3d. Tie house resumed the unfinished business ot yesterday, being Mr. Cooper’s motion to reconsider the vote of Thursday, laying his resolutions on the table for the residue ol the session. Whereupon Mr. Cooper, proceeded and addressed the house at length. The house refused to reconsider. We have some hopes that this whole debate which is every able but quito too long lor the paper, will be printed in a pamphlet form. Mr. Cooper laid on the table the following Protest, which was read and ordered to be en tered on the Journals, to wit: Whereas a Representative, from the county of Putnam, did offer lor the consideration of this Legislature the following Prcamblo and Res olutions, to wit: The Senators and Representatives of the people of Georgia in General Assembly met, cannot permit the present crisis in the political relations of the Federal and State Branches of the Government to pass, without taking into serious consideration, the alarming powers claimed for the Federal Government, and acted on by Congress. The President of the United States, in a recent proclamation “stating his views of the Constitution,” &c. asserts as the true doctrines, in reference to the powers of that Government and the rights ol the States, the following, to-wit: That “the people of tho United Stales formed the Constitution.” “That they are one people in the choice of the President and Vice President.” That the States respectively “cannotpossess any right to secede,” “having expressly parted with so many powers as to constitute a single nation,” —“because such secession does not break a league, but destroys the unity of a na tion.” That the Representatives in Congress, are “not the Representatives cf the particular State from which they come,” but “are all Represen tatives of the United States,” not “accountable to the State,” “for any act done in the perfor, mance of their legislative functions.” That the Federal Government has a sanction “both necessarily implied and expressly given, by which it may punish a State for refusing to obey an act, which may have been determined by her sovereign people to he unconstitutional and void.” That “the States severally havo not retained theii entire sovereignty.” That the States severally have not a right each for itself on questions between itself and theU. States Government, to Judge of and de termine upon, unconstitutional enactments of Congress—But that the Federal Judiciary is the proper tribunal in such cases ; and finally that the Federal Government, may coerce a State to submit to all laws which by its authorities may be deemed constitutional. These principles if successfully maintained, it will be perceived, end in degradation of State sovereignty, the most servile Submission—Con solidation and Tyranny. To the end therefore that they may be oppo sed, and their pernicious tendency resisted by the good people of this State: Be it resolved, That a proclamation by the President, in cases where there exists no viola tion of Law, is not made the duty of the Ex ecutive, tends in practice, to substitute the opinion and will of that officer, in lieu of the majesty of the laws; and when directed against the solemn acts of a sovereign State is unau thorised and unjustifiable. Resolved, That this assembly doth explicitly and peremptorily declare, that it views the Federal Government as a compact, to which each State acceded as a State and is an inte gral party —That its powers, resulting from the compact, are limited by the plain sense and in tention of the instrument constituting that com pact; and no faither valid, than thev are au thorised by the grants enumerated in that com pact. Resolved, That the Federal Government, was not made the exclusive or final Judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the constitution, the measure of its powers; but, that as in all other cases ofcompact among parties having no common Judge each party has an equal right tojudge fur itself, as well of infrac tions, as ol the mode and measure of redress. Resolved, That in case of a deliberate, pal pable and dangerous exercise ot other powers not granted by the said compact, the States respectively have the right, and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and lib erties appertaining to them.- Resolved, That whensoever in the opinion of a State, misrule shall have become the only guide to the exercise of power, oppression the only result, and revolution the only hope of an injured people, the right of that people to secede is undeniable; arid in so doing they are responsible only to themselves and to their God. Resolved, That the Representatives of a State, in Congress acting for the good of the Union.are the Representatives of the particular State from which they may besent; and for any act done in the performance of their legislative functions they are accountable to the people alone, who sent them. Resolved, That sovereignty belongs not to the Government, nor to its departments, but to the people of each State; and to our system there does not exist a sole and aggregate community known as the people of the Union. Resolved, That the sanction or right claimed for the Federal Government, to punish a sove reign people for refusing obedience to what may be deemed by them to be an unconstitutional act of that Government, is unfounded, and ex ists neither by express grant nor impliedly by the laws ofself defence, nor can that Government by foice, coerce a State to submit to such act. Resolved, That our Senators in Congress be requested, and our Representatives be in structed to demand a repeal of the act of last ."ssion, commonly known as the Force Bill; oeeausc the same is improper and unauthorised —is the resort of arbitrary power,and an insult to the feelings of a free people. M hich were made the order of the ,1a • T uesday the 29th day of November. Inns™ I ' r as we conceive them to be respectful in it, ° C ‘ l selves, and introduced to express unqualcfj disapprobation of the principles and views tained in tiie President’s late pioclaniatio CCC oppose the bill commonly called the Force fill 4 and to piescnt what we believe to be the r h of the sovereign people of the Stales respect !)', and the powers of the Federal branch o f!u’ government. “ Is And whereas, also, the principals containt the Resolutions are those which we (, e ]- ( ‘ il best calculated ulien duly administered to sec* C liberty and our own constitutional Union- tf* their exhibition and support at this time w called for by the following circumstances *? First. They havo been controverted and denounced as dangerousand tending to civil WB , first by the President of the United States’ and then by the Executive of this State *’ his annualmcssage of this year, and also in fr! inaugural address. Secondly. They were discarded and trodden under foot by the last Congress in the er.ac ment of the odious Bill of Force. And whereas, on the day assigned for ifo:. consideration, an honorable member from H a |’ county, moved to lay them on the table for fa balance of the session; on which motion, the mover of said preamble and resolutions, claim, ed the privilege of being heard as to their nu r ! port,truth, nature and tendency; being accorded te him by the decission of the Chair, the mem ber from Hall appealed from the decission oi the Chair to the House, on which appeal the majority of the House did overrule said de cission, and thereby denied, not only t 0 the member from Putnam but to every other, tho privilege ot debate on the question they ntto required to lay on the tabic. Now, we the undersigned, enter this out solemn protest against the said decission of the majority, and assign the following reasons, to wit: First. We do believe tho matter proposed for discussion does involve subjects of lasting, momentous, vital and immediate interest to all the States, to the Southern States atpresent, to our constituents, and to the people of Geor gia particularly. Second. Wo believe the assertion of the principles of the resolutions imperiously deman ded by the circumstances under which they hate been denounced as aforesaid, as an act of justice to them who believe and advocate them; that the good people of this and the other States, particularly may righteously decide on the propriety of such denunciations. Third. Because by the decission of the majority, all discussion was put down ami the privilege of expressing our opinions in be half of ourselves and those we represent was denied, which we belie ve can only be rightfully done in cases whereby the express rules of this house, such privilege may have been restricted. Fourth. Because their is no express'rulr, refusing tho right of discussion in this ease, nor do we know of the like having been done by the roles of any deliberate assembly here tofore. In this case we think it was unroasar:- ablo, unjust, arid under existing, circumstances highly oppressive. Signed by the following members. Mark A. Cooper, Bcnj. Hudson, ‘fully \ inson, Wm. Hammond, Julius C. Alford, James Grubbs, A. W. Redding, Y. P. King, Asbury Cowles, Elisha Wynn, N. C. Sayre, Thomas B. Lamar, Samuel Torrance. John Bass, G. B. Claytcn, John Harris, T. G. Sanford, A. Baker, of Liberty, J. N. W'illiamson, Thomas 11. White, Stewart Floyd, Henry Pope, J. T. Sharpe, S. M. Bair, C. 11. McCall, Churchhill Gibson, l. B. Walker, Benj. 11. Rutherford, W. Cone, of Greene, Joseph Culpepper, W. A. L. Collins, Martin P. Sparks, A. P. Robertson, Ichabo Davis, John Boring, Wm. A. Beck, Robert Hubbard, 11. M. Thornton, B. F. Hardeman, Dsnitd clntyic, J. 11. Gresham, Wm. Stroud, Wm. J. Russell, Thomas Btvins, M. M. Dye, Monday, Dec. 2. By Mr. Hub!an’, requiring the several coun ties to pay their ow T n members. By Mr. Meriwether, providing for the call of a convention to reduce and equalize the repre sentation. Mr. Harris of \\ alion presented a paper sign ed by 70 members or more, containing their reasons for the vote they gave on Mr. Cooper’s resolutions, and moved that it be put upon tho Journal. Alter a desultory discussion of older ensued,among Messrs. Harris, Cooper, Buns bales. Young • of Oglethorpe, Easly, Jllston-, and King of Mclntosh; The question was put and carried. The bill for compensating the agents appoint ed under the act of last session, for protecting the Indians in their rights, and the gold mines from pillage, engaged the attention of the house for the rest of the morning’s sitting. It found very difficult to adopt any rule that wool do justice to the public,and to each of the agents according to the service they had respective y rendered. After much debate ie which Messrs- Young of Oglethorpe, Meriwelhei, Harris o Walton, Walker of Lumpkin, Williamson, Bates, Pace, Alford, and Cooper, took part m b 9 various stages of the investigation; A pel m ,ni pay was finally determed on, and several sums moved, We understand that four dollars ex clusive of all expenses for each day “ bile !3 actual services, was finally carried. , EVENING SESSION. The house was engaged for the whole even ing setting on the Union Roil IJoad Bill* bisec tions, on its third reading. The vexed question of exclusive privilege in the 2d section was se tied, at exteirding the exclusive privilege a * * as to the Ocmulgoc river, and no farther. I house then went on with hut few amendinin