Newspaper Page Text
2
Georgia Legislature.
ACTS PASSED.
An act to amend the 9th section of the 3d
article of the Constitution of the State of
Georgia.
An act to grant the privilege to the Stock
holders of the Cross Plains and Red Clay
Branch Rail Road Company to change the
name of said Road and for other purposes.
An act to authorize Clerks of the Courts of
Ordinary in the several counties of this State
to grant marriage licenses directed to Jewish
Ministers or other persons authorized to per
form the marriage ceremony between Jews,
»nd to authorize Jews to be married according
to their own forms.
An. act to change the time of holding the
Inferior Court for the county of Troup.
An act to regulate the mode of election of
Constables in the city of Savannah, and to
repeal so much of an act assented to 23d Dec.
1811, as relates to the election of Constables
in said city, etc.
An act amendatory of and in addition to the
various acts heretofore passed in reference to
the city of Savannah.
An act to authorize Mark Water & Co. to
establish a Ferry across the Chattahoochess
river on their own land in the counties of
Gwinnett and Forsyth.
An actin relation to the holding of the In
ferior Courts and Courts of Ordinary in Glynn
county.
An act to amend the several acts in relation
to issuing Grants on Head Rights in this
State, so far as to extend the time of granting
the same until the 25th day of Dec. 1851.
An act to establish additional election pre
cincts in the county of Habersham.
An act to authorize the Justices of the In
ferior Court in Elbert County to levy an extra
tax for the purpose of building a Court House
in said county.
An act to authorize Mrs. Elizabeth Mont
fort to erect a mill-dam across Flint River in
the county of Crawford, upon certain condi
tions. /
1 An act to amend an act incorporating Atlanta
& LaGrange Rail Road Company. *r.
An act to incorporate the town of Oglethorpe
In the county of Macon.
An act to incorporate the Rising Sun Lodge,
No 20, of Reidsville, Tatnall county.
An act to repeal an act entitled an act to
cous 'Mate the offices of Receiver of Tax
Retains and Tux Collector in the counties of
Rabun, Camden, Irwin, Floyd Scriven, Pauld
ing, Wayne, Murray, Cherokee, Glynn, Tel
fair and Laurens, so far as relates to the coun
ty of Murray,assented to 25th December, 1837.
A n act to authorise Osborn A. Lochrane, of
Clarke county to plead and practice law in
this State.
An act to authorize Hardy Strickland of the
county of Forsyth, administrator on the estate
of M nk W. Killingsworth, dec’dof the county
of D Kalb to make his returns in the county
of Forsyth.
An Act to provide for the compensation of
the Grand and Petit Jurors of the Superior
and Inferior Courts of Elbert.
An act for the relief of Mary Louisa Pritch
afd.
An act to change the county line between
the counties of Cobb and Paulding.
An act to repeal an act consolidating the
offices of Tax Collector and Receiver of Tax
Returns of the counties of Bald win, Chatooga,
Franklin, Gwinnett, Heard, Upson, Wilkes,
Mclntosh, Thomas, Jefferson, Cobb, Hancock,
Dooly, and Monroe, passed the 9lh of Dec.
1839, so far as respects the counties of Frank
lin and Heard.
An act to enable tho Savannah and Ogee
chee Canal Company to extend the Savannah
and Ogeechee Canal to the Altamaha river
etc.
An act for the relief of Wm. H. Graham,
nnd Hardin Perkins of the county of Lumpkin
from their liability as security on the Tax
Collector’s bond.
An act to extend and define the corporate
limits ot the town of Madison in Morgan coun
ty, and to prescribe the manner of levying tax
upon such property as may be embraced in
said extension.
An act to change the name of Elizabeth
Kelly to that ot Amanda Elizabeth Cooper, and
(ogive Thos. W. Cooper,and his wife Fran
ces J. S. Cooper the legal claim to said child
as parents. _
. No. 40, r.f FIJ6 nndQkcceplcd
mas county.
An act to auth v ize John Dillon of the coun
ty ofChatham to erect a toll bridge over the
gteat Ogeechee river on his own land near
Fort Argyle.
An act to incorporate the Savannah Gas
Light Company, and the Augusta Gas Light
Company.
An act to incorporate the Washington Fire
Company ol the city of Savannah, Ga.
An act to incorporate the Trustees of the
permanent fund of the Hebrew Congregation
at savannah.
An act to be entitled an acl-to reduce the
official bond of the Sheriff of Cherokee coun
ty and Murray county.
An act to amend the several acts in relation
to the city of Augusta, and to amend the act
to incorporate the Augusta Canal Company.
An act for the relief of William P. Beale,
and Davis B. Hadley, and other persons there
in named.
An act to quiet and confirm the title of Peter
Pauliett, a naturalized citizen, to a lot ot land,
in the city of Augusta, conveyed to him before
his naturalization.
An act to amend the Road Laws, and open
a new road in Camden county, etc.
An act to incorporate the Savannah Institu
tion of the Sisters of Mercy.
An act to authorise the Justices of the
Peace elected for tho first, second, third and
fourth districts G. M., composing the city of
Savannah, to reside and hold their respective
offices nnd courts at any place within the cor
porate limits of said city.
An act to consolidate the otlice of Receiver
of Tax Returns and Tax Collector in the coun
ty of Cherokee, and to make provision for pay
»ng Grand and Petit Jurors in said county.
An act to incorporate San Marino Lodge,
No. 34, Greensboro’, Georgia.
An act entitled an act to reduce the She r
iff’s Official Bond, in the county of Dade.
An act to regulate Justices Courts, in Cha
tham county.
An act to incorporate the Second Baptist
Church of Savannah, county of Chatham, and
appoint Deacons and Trustees.
An act for the relief of certain citizens of
this State/ram any and all disabilities, pains
and penalties to which they may now be sub-
jected by law.
Au act io amend the several acts iu relation
to the Georgia Rail Road and Banking Com
pany. ,
"An act to repeal all laws respecting the im
portation of slaves into this state, etc.
An act to authorise and require the Judges
of the Superior Courts in the Coweta Circuit,
to hold Court in the county of DeKalb, two
weeks toeac.h term of said Court, unless the
business dan be done in a shorter time, and to
provide for the same.
Au act to incorporate La Fayette Chapter,
No. 13, and Darley Lodge No. 17, in the town
of Fort Gaines, in the county of Early, and
Pythagoras Lodge No. 41, at Decatur, De-
Kaib county.’
An act for. the relief of David Dobbs of the
county of Cobb.
An act to add certain lots of land, and parts
. of lots in the counties of Macon and Crawford,
to the county of Talbot.
An act to authorise Sami. C. Lippett to es
iitblish a ferry across Flint river.
Anact to compensate the petit jurors of Ear
ly cpuniy, etc.
Ao act to compensate the petit jurors of
HouetOt’ county.
' An act for the relief of poor childrenin the
county of Gwinnett.
An'act to regulate the fees of Attorneys and
Solicitor GeiXfrgl, etc.
, An act to cousoudate the offices of Clerk of
bhe Superior and Inferior Courts of the couu-
.* ty of Talbot.
An set to repeal an act conaohdating the of
fices of the Cierk of the Superior and Inferior
Courts of Emanuel qounty.
An act to incorporate the Houston Branch
Mali Road Company, and to authorise said
■Comps nv to construct a Rail Road trim some
suitable point Sn the South Western Rail
tjlnad, in tbs tow n pf Perry in Houston county.
* An soi to araet.d an act entitled au act to
amend me sevetai aete regulating the road
iatrv iu this state, so tar as relates to the coua-1
ties of Bryan, Liberty, Mclntosh, Glynn, Cam
den, and Wayne, approved B<hJ)ec. 1806, so
far as relates to Liberty cotfittyr
An act to authorise and empower John S.
Rowland, to establish a ferry or build a bridge
across tho Etowa river, on his own land, in
Cass county, and to take toll.
An act to incorporate the Griffin and West
Point Plank Road Company, for the purpose
of constructing a Plank Road from Griffin to
the town of West Point in Troup county, etc.
An act to incorporate the Hancock Steam
Boat Company.
An act to incorporate the Wellington Aca
demy, in the coijnty of Macon—also, the Cen
treville Academy in the county of Talbot, and
appoint Trustees for each.
An act to authorise Wm. S. Hammell, Sr.
to establish a Ferry across Plint river.
An aot to alter and amend the Poor School
Laws now in force, so far as respects the
county of Dooly.
An act to make Ellen M. Baker the heir of
Jas. R. Ware, and to cause her to stand relat
ed to him in all respects as if she were the
child of his body, etc.
An act to revive and make of force, an act
incorporating the Thomaston and Barnesville
Rail Road Company, with power to construct
a Rail Road from some point on the Monroe
Rail Road, at or near Barnesville in Pike co.,
to the town of Thomaston, in Upson county,
etc., assented to December 23rd, 1849.
An act to alter and change the time of hold
ing the Superior Courts of the county of Ma
con of the South Western Circuit, and to re
quire the same to be held two weeks if neces
sary.
An act to alter and amend an act to provide
for the compensation of grand jurors of Lump
kin county, passed December 7th, 1843. Also
to provide for the compensation of the petit ju
rors in the Superior and Inferior Courts of
said county.
An act for the relief of Bedford J. Head of
Macon. Co.
An act for the relief of Chas. B. Lombard
and for othe* purposes} *
An aet to the Trustees ftr Wes
ley Cb'apel, Aidrew Chapel, and Triniiy
Church, of the Methodist Episcopal Church
South in the city of Savannah.
An act to relieve Wm. W. Barton and Ejfli
riam G. Bender and their sureties from all lia
bilities under their respective recognizances
for their appearance at the May term 1849, of
Chatham Superior Court.
An act to reduce the official bond of the She
riffs hereafter to be elected in the county of
Franklin from the sum of Twenty thousand
dollars to the sum of ten thousand dollajs.
An act entitled an act to repeal an act to
appoint county Treasurers and define their
duties so far as relates to the counties of Troup
Carroll,Crawford, Murray Monroe, Montgom
ery, Pike, Appling, Randolph, Warren, Fay
ette, Chatham, Cherokee and Stewart, and "to
give to the people of said counties the elec
tion of Treasurer.
An act to amend the several acts now in
force regulating the fees of Magistrates and
Constables, so far as relates to the county of
Chatham, etc.
An act to appropriate money for the support
of Governments, for the political years eigh
teen hundred and fifty and fifty-one.
An act to add a part of the county of Mus
cogee to the county of Marion, and for other
purposes.
An act to amend an act to provide for the
Education of the poor, so far as relates to the
counties of Rabun and Union.
An act to change the line between the
counties of Gwinnett and Jackson, so as to
add the residence of Dilmas L. Jarratt of the
county of Gwinnett, to the county of Jackson.
An act for the relief of Wm. H. Monroe.
An act to amend an act approved Dec. 19th,
1829, entitled air act to incorporate the St.
Mary’s Library Association.
An act for the relief of Jonathan C. Pear
sou and Wright Noles.
An act to authorize the issuing of a certain
grant therein specified.
An act to incorporate the Andrew Acade
my, etc.
An act to pardon Sampson Braziel a con
vict in the Penitentiary of this State.
An act to repeal so much of an act, as relates
to tho consolidation of tax Collector and Re
ceiver of tax returns of the county of Mont
gomery.
Au net to repeal an act passed on the
cons<*tdatirig tlfS offices of Re
ceiver of tax Returns, and tax Collector in
the counties of Rabun, C&mdan, Irwin, Floyd,
Scriven, Paulding, Wayne, Murray, Cherokee,
Glynn, Telfair and Laurens, so far as telates
to the counties of Irwin.
An act to appoint the Justices of the Inferior
Court of Laurens county, Commissioners of
the town of Dublin in the same county, and
to authorize said Commissioners to sell and
dispose of a portion of lot No. 232 in the first
district of originally Wilkinson now Laurens
county, known as the commons es said town.
An act repealing so much of the acts of
Dec. 1837, and 1839, as relates to the consoli
dation of the offices of Receiver and Collector
of Tax returns of the - counties of Laurens
and Marion.
An act to alter and amend an act, to incorpo
rate the Southern Mutual Insurance Company,
approved Dec. 29th 1847.
An act to incorporate the Forsyth Female
Collegiate Institution, etc.
An act to add an additional number of Trus
tees to the Attapulgas Academy in Decatur
county.
An aetto compensate grand and petit jurors
of Muscogee county, and to authorise the jus
tices of the Inferior Court of said county to le
vy and collects tax for such purposes, and for
other purposes therein contained.
An act to compensate petit jurors of Lau
rens county.
An act to incorporate tlie Nortli Eastern
Plank Road Company, etc.
An act to incorporate the Sweet Water Ma
nufacturing Company of the county of Camp
bell, and to incorporate the Augusta Quoit
Club.
An act to add a part of the county of Twiggs
to the county of Bibb, and a part of tho county
of Bibb to the county of Jones, and a part of
the county of Jones to the county of Bibb.
An act to authorise aliens to receive, pur
chase, hold and convey mortgages, and devise
real estate.
An act to incorporate the Augusta Machine
Works.
An act to extend the time for the comple
tion of the Ocmulgee and Flint River Rail
Road.
XT But for having been misplaced, the pret
ty piece of poetry of" Virginia,” should have
appeared some weeks since.
[For the Republic.]
To Charley.
I’m thinking of thee now my friend,
I’m thinking of the day
On which I first beheld thee,
Before you went away.
Responding to your country’s call
You sadly left my side,
Buthoped that you would soon return
To claim me as your bride.
Months rolled on, and you came not,
But wandered many a mile,
Yet often did fond letters
My anxious cares beguile.
Nineteen months at length passed on
And brought you to the end
How time our happy dreams had chang’d,
You catue —but as a friend.
Not Jong you tarried with us,
And with an aching heart,
Bade you a long—a last farewell,
And saw you then depart.
I gazed at your receding form
• And turned away in tears,
For well I knew we’d meet no more
Through all succeeding years.
Should these poor lines e’er meet yourview,
Whatever Is your lot,
Bestow one thought an her by whom j
You’ll never be forgot
Viaewa. ’ i
November 19th, 184*1.
CONGRESS.
CONGRESS, Saturday, Dec. 22, 1849.
The Senate did not sit to day.
HOUSE OF REPRESENTATIVES.
Tlic Journal of yesterday was read and ap
proved.
Mr. Stanton, of Tennessee, rose and said
that lie desired to presents proposition to the
House. He presumed that, under the rule
which had been adopted, it would not be in
order to debate it. He would, however, be
perfnitted to say that it was a proposition
known to have bqpn presented on the part of 1
the committee appointed by the Whig caucus '
to confer with a similar committee tyipointed
by the Democratic caucus
Mr. Root, (interposing.) Is this in order i
under the resolution prohibiting debate?
Mr. Stanton. Ido not mean to debate.
Mr Root. I know it; but it is talk, and that
is out of order.
The Clerk. The gentleman from Ohio (Mr.
Root) rises to a point of order. ,
Toombs rose and claimed the right to ’
be heard'&s to the power of this House to pass I
the order prohibiting debate. [Calls to order.] j
- Mr. Toombs, (continuing.) I desire to
show that this House has not the constitution
al power to pass any rule of order.
[Loud cries to order from all parts of the
House.]
Mr. Toombs, (continuing.) I intend to in
sist upon if as a constitutional right at all haz
ards.
Mr. Stanton, of Tennessee, called the gen
tleman from Georgia to order.
Mr. Toombs. The gentleman will take
his seat. No man has a right to call me to or
der.
Mr. Stanton. But I had the floor.
Mr. Toombs. It was given to me.
Mr. Root. I have no objection to hearing
the gentleman, if the same privilege is ex
tended to all. But I have been gagged down
once, and I object toother proceed
ing. \
Mr. Toombs. lam upon the floor, and
there is no rule of this House by which any
gentleman can interrupt me, or by which any
order of this House can be enforced.
Mr. Stanton. I* appeal to the gentleman
as a matter of courtesy between him and me.
I was on the floor addressingthe House—
Mr. Toombs, (interrupting.) As a matter
of courtesy I yield to the gentleman.
Mr. Stanton, (continuing.) And certainly
vou will not take the floor from me.
Mr. Inge. I ask tho gentleman from Ten
nessee (Mr. Stanton) to yield the floor to me
to submit a motion to rescind this
of “agreed, agreed.”]
Mr. Stanton yielded.
Mr. Inge moved that the resolution of the
14th instant, prohibiting debate until the elec
tion of Speaker, be rescinded.
Mr. Peck said, if the motion were adopted,
it would open tlie door to a discussion upon
every subject. He moved so to amend the
motion so as to allow debate alone upon re
solutions looking to an organization of the
House.
This amendment was not insisted upon.
Mr. Toombs. The question before the
House is on the motion to rescind the rule.—
Is the gentleman from Alabama upon the floor.
Mr. Inge. No; I make the motion. I do
not propose to debate it.
Mr. Toombs inquired of the gentleman from
Tennessee (Mr. Stanton) if he yielded the
floor?
Mr. Stanton. I do, if it is understood that
I am to have the floor as soon as the question
is decided. I have no objection to its being de
bated. I yield the floor fur that purpose.
Mr. Inge, (to Mr. Toombs.) I hope the
gentleman from Georgia will yield to my mo
tion, and allow the question to be put. If the
House vote it down, the gentleman can then
make his point.
Mr. Toombs (still remaining upon tiie floor)
said: I desire to be heard, to show this House
that they had no right to pass such an order
as they adopted on the 14th instant; that, ac
cording to the constitution nnd act of Congress
of 1789, the House has not the right to pass
that or any other rule. That is the simple
question. I wish to address myself to that
point. Will not gentlemen inquire whether
they have the right to pass so important a rule
which -he frcAlnm of spWCdh, anffvto
jni - Uie. cwZHMryl Is H
true that the majority qhall demand absolute
silence on the part of tffq representatives of the
people in this hall, when a question of so grave
import is to be determined by this House, in
volving the rights of my constituents and the
whole people, and the integrity of the consti
tution ?
Mr. Root, (interrupting.) That is precisely
the question I wished to debate yesterday,
when I was gagged down. I call the gen
tleman from Georgia to order. I object to his
proceeding, unless the same right is extended
to others.
Mr. Toombs, (to Mr. Root.) I deny your
authority to interrupt me. By what authority
does the gentleman from Ohio interrupt me?
The House has no rules by which it can en
force its orders.
Mr. Root. By the same authority under
which the House call me to order yesterday.
Mr. Toombs. I deny lhe right of the gen
tleman from Ohio to call mo to order. I claim
the constitutional riffht ot freedom of speech,
and I deny that this House, under tlie law of
1789, has a right to pass such an order.
Mr. Root, (interrupting.) If the House
will let tlie gentleman speak, and gag down
another, let them do it. 1 protest against it,
in the name of justice and my constituents.
Mr. Toombs. I demand to know by what
rule the gentleman from Ohio interrups me.
Mr. Stanly. Mr. Clerk, I call for the read
ing of the rule adopted by the House on
the 14th instant. That (addressing Mr.
Toombs) is lhe rule by which the gentleman
has lhe right to call you to order.
Mr. Toombs. You have no rule. I don’t
yield tha floor. Where is the rule that gives
gentlemen the right to call me to order when
1 am upon the floor exercising my right to de
bate?
Mr. Stanly. The rule of the 14th instant,
prohibiting debate until after the election of
Speaker. The majority of the House having
adopted that rule, it is the duty of each mem
ber to obey it.
Mr. Toombs. There is no such rule. The
majority of the House having refused to adopt
rules of the House, there is no rule by which
the gentleman can cal! me to order. The
majority of the House must adopt rules for
their own government before they can enforce
any rules. Tho strict observance of rules ar.d
of first principles is tho only security for a
minority.
Mr. Van Dyke. I call the gentleman to
order.
Mr. Toombs. J deny the right of any man
on this floor to call me to order ; and I will not
yield the floor for that purpose. Ido not yield.
Mr. Van Dyke. Nor I either. I claim the
right to require the gentleman to observe the
order of the House.
Mr. Toombs. Very well; the gentleman
may call; lie may violate the decorum of the
House and of debate, if he please; but I have
the floor, and 1 shall exercise my right of dis
cussion.
Mr. Duer. lam willing to hear the gen
i tieman from Georgia, and I propose that the
■ unanimous consent be given, to allow that
i gentleman, and all other gentlemen, to discuss
: the point.
■ Mr. Toombs (continuing.) There is no
rule of this House to enforce its order; and
if the House say they will not hear me upon
the constitutional question
[Call to order.]
’ Mr. Baker. . I move that by unanimous con
i sent the gentleman from Georgia be allowed to
: debate this question.
: [Cries of “ No, no,” “ Repeal your rule and
i allow every gentleman to speak.”]
■ Mr. Baker. I make that distinct motion. I
: call upon the Clerk to put the question.
Mr. Toombs. If the House see fit to give
unanimous consent, I have no objection ; but
I desire it to be understood I waive no right.
I demand as a right, in the name of my con
stituents, to be heard.
Mr. Inge called attention to the fact that
the motion of the gentleman from Illinois
(Mr. Baker) could not be received, as there
was already a question pending upon his
molion to rescind the resolution of the 14th
instant
The Clerk, (to Mr. Toombs.) Will the
gesclesiw from Georgia allow n.e to put the i
question upoa the motion to rescind the rule ’ !
Mr. Toombs. No. 1 have i the floor. I
deny the constitutional right of this House to
pass that resolution, or any othel rule or reso
lution. It is an unauthorized infringement of
the great right of freedom of speech. The
constitution and the law of 1789-
[Loud calls to order.]
Mr. Toombs. You may cry order, gentle
men, till the heavens fall; you j cannot take
this place from me. I have theiright to pro
test against this transaction. It Jis with you
to say whether this right shall be yielded,
and when it shall be yielded. I ilwre, then,
gentlemen of the House, to show tluhvyou are
without rules, and that no orders can—y-
[Cries to order: “Sit down; you have no
right to debate.”] ,
Mr. Toombs, (continuing.) lam attempting
to show you that no man can rise to order
[Calls to order.]
Mr. Stevens of Pennsylvania. I call the
gentleman to order.
Mr. Toombs, (continuing.) I say that by
the law of 1789, this House, until a Speaker
is elected and gentleman have taken the oath
of office, has no right to adopt any rules what
soever.
[Loud cries of order.]
Mr. Tdombs. Gentlemen may amuse them
selves by crying order
[Calls to order.]
Mr. Toombs. But I have the right, and I
intend to maintain this right to
Mr. Van Dyke. 1 call upon the Clerk to
put the question and let us see whether the
•gentleman will disregard the order of this
House.
Mr. Toombs. I have the floor, and the Clerk
cannot put the question. I submit that
[Calls to order.]
Mr. Toombs, (continuing.) The Clerk has
not the right to put the question of order.
[“Order, order.”]
Mr. Toombs, (continuing.) That it can
not. The House has no right. Gentlemen
may cry “order,” and interrupt me. It is
mere brute force, attempting,- lhe-power
•of lungs, to put down a gentleman in the exer
cise of his right.
[Cries to order.]
Mr. Toombs, (continuing.) But gentlemen
cannot deprive me of my rights. I shall insist
upon them to the last extremity.
Mr. Van Dyke. It is for the House to
decide whether the gentleman is in order or
net.
The Clerk. The gentleman from New
Jersey rises to a question of order, and calls
the gentleman from Georgia to order. The
question submitted to the House is
Mr. Toombs, (still retaining the floor.) I
deny the right of the Clerk to put the question.
I have the floor; and I submit that the Clerk
has not the right to put this question until I
have yielded the floor. Where (addressing
the Clerk) is your authority ?
The Clerk. The resolution adopted by the
House on the 14th instant.
Mr. Toombs. There is none.
Mr. T. remained upon the floor and was
proceeding with his remarks, while
The Clerk at the same time was propound
ing the question of order to the House, which
was, that the gentleman from New Jersey
(Mr. Van Dyke) having called the gentleman
from Georgia (Mr. Toombs) to order, the
House to decide was, whether the gentleman
from Georgia should be allowed io proceed.
The question was put, and the Clerk an
nounced that, without a division, the point of
order was sustained by the House, and the
gentleman from Georgia decided out of order.
Mr. Toombs was still upon the floor, and
had been speaking during the entire time in
which the question upon the point of order
was propounded and take!), and the vote de
clared.
Mr. T. continued : Having the right to the
floor. I shall proceed to the argument of this
question.
[Cries of “ order ! ” much conversation and
confusion in all parts of the hall.]
Mr. Toombs, (continuing.) I can speak if
gentlemen interruptand speak at thesame time.
The Clerk (while Mr. T. was continuing
to speak) stated that the question now recurred
upon the motion of the gentleman from Alaba
ma (Mr. Inge) to rescind the resolution of the
14th instant prohibiting debate until after the
election of Speaker.
[Calls for the question—“ Call thet roll.”] .
Mr. 'Toombs, 1 tlie rtgnt of t l.q Clerk
I am upon theUtSkr,aritT
it is
[Calls and nays front various
parts of the House.]
The Clerk, (Mr. T. still upon the floor.)
The yeas and nays are demanded upon the
motion of the gentleman from Alabama (Mr.
Inge.) Gentlemen, you who are in favor of
agreeing to the motion will, when your names
are called, say “aye;” those of a contrary
opinion will say “ no.” The clerk will call
the roll.
Mr. Toombs, (continuing.) I deny the
tight of these gentlemen to
[Cries of “ Order I ” “ Call the roll I ”]
Mr. Toombs. I shall debate the question
whether you call the roll or not.
[Great confusion.]
Mr. Breck. I move that this House do now
adjourn.
Mr. Toombs, (continuing.) I keep upon
the floor. Shall the Clerk deprive me of my
constitutional rights? [“Order, order.”, —
Shall members, by crying ‘ order’deprive me
of those rights ? I desire to show my rights
under the constitution. You do well to call
the roll and cry “ order,” [loud calls to order ;|
but I deny the right of any and every man to
interrupt me.
[Cries of “ Go it Toombs,” “ Call the roll,”
“ Order,” and great confusion ] In the midst
of this and while Mr. T. was still addressing
the House—
The Clerk commenced to take the yeas and
nays on the motion of Mr. Inge.
Mr. Toombs continued to speak amidst
much confusion. He said: If you seek, by
violating the common law of Parliament, the
laws of the land, and the Constitution of the
United States, to put me down—[“ Order, or
der,” “Call the roll,”] —you will find it a va. i
and futile attempt. [“ Order, order.” lan
sure I am indebted to the ignorance of my
character of those who are thus disgracing
themselves, [“order, order,”] if they suppose
any such efforts as they are now making will
succeed in driving tne from the position 1 have
assumed. [•* Order, order.”] It is too strong
ly planted in the very foundations of public
liberty. [“ Order, order.l stand upon the
constitution of my country, u;onthe liberty
of speech, [“ order, order,] which you have
treacherously violated, and upon the rights of
my constituents—and your fiendish yells may
be well raised to drown an argumeuc-wiueb
you tremble to hear. You claim and have ex
ercised the power to prevent all debate upon
any and evdry subject, [“ order, order,”] yet
you have not even as yet shown your right to
sit here at all. I will not presume that you
have any such right, [“order, order,”] 1 will
not suppose that the American people have se
lected such agents to represent them—and I
therefore demand that they shall comply with
the act of 1789, before 1 shall be bound to sub
mit to their authority. [Loud cries' of “Or
der, order.”] The second section of that act j
is iu these words :
“That at the first session of Congress after 1
every general election of representatives, the
oath or affirmation aforesaid shall be administer
ed by anyone member of the House of Repre- ‘
sentatives to the Speaker, and by him to all i
the members present, and to the clerk, previous
to entering on any other business.”
This you have not done. [“Order, order.”]
Your power to make rules for your own go
vernment does not belong to you in your un
organised condition. [Cries of “order.”] —
You must be first sworn ttfobey the constitu- |
lion before you can bind me, or yourselves, or .
any other citizen, by your rules. [Loud cries !
of “order, order.”]
You refuse to bear either the constitution
or the law, or the comments upon it. Per
haps you do well to listen to neither; they ail i
speak a voice of condemnation to your reck
less proceedings. But if you will not hear
them the country will. Every freeman, from
to the Pacific shore, shall hear
them, and every Itosest man will consider
them. They are the securities for his rights
as well as mine. Y’ou cannot stifle the voice
that shall reach their ears. The electric shock
shall proclaim to the freemen of thia republic
[“order, order,”] that ati American Congress,
having conceived the purpose to violate the
constitution and the laws, to conceal these
enormities, have disgraced the records of tWir
proceedings by placing upon it a resoiutioa
that their representatives shall not be heard
in their defence; and finding this illegal re
solution inadequate to secure so vile an end,
have resorted to brutish yells und cries, to sti
fle the words ot those whom they cannot in
timidate. ['‘Order, order.”] The law is
clear, plain, conclusive. You cannot answer
it. It has solemnly been affirmed by an Ame
rican Congress in 1839. [“Order, order.”]
I read from the Congressional Globe, page 56:
On motion of Mr. Dromgoole, of Virginia, to
adopt the standing rules and orders of the
(then) last House of Representatives as the.
rules and orders of that House, it was moved
by Mr. Lewis Williams to lay the resolution
on the table. Mr. W. C. Johnson here made
a point of order, that by the act of 1789, to
which I have referred, the House had no pow
er to adopt rules until they were sworn. The
Speaker (Mr. R. M. T. Hunter) decided
that the better way of deciding the question
would be (on the motion of Mr. Williams) to
lay it on the table. The yeas and nays were
called, and the resolution was laid upon the
table by the casting vote of the Speaker ; Con
gress thus deciding that, even after a more
advanced stage of the] proceedings, after a
Speaker was elected, the House could not be
fore its members were sworn even adopt rules
for their own government.
[The clerk still continued to call the roll, a
few members were answering, olhers inquir
ing what was the question, others demanding
that their names should be called, and great
confusion; during all of which Mr. T. held
on his remarks.]
I ask (said Mr. T.) by what authority that
man (pointing to the clerk’s desk) stands there
and calls those names ? By what authority
does he interfere with the rights of a member
of this House ? [The clerk continued to call.]
He is an intruder, and how dares he to inter
rupt members in the exercise of their constitu
tional rights ? Gentlemen, has the sense of
shame departed with your sense of right, that
you permit a creature, an interloper, in nowise
| connected with you, to stand at that desk and
i interrupt your order. [“Order, order.”]
' I have shown you that the House of Repre
sentatives decided this case in 1839, pending
the New Jersey contested election. At the
head of the names affirming it stands that of
John Q. Adams —a gentleman distinguished
at least for his vast and varied knowledge of
constitutional law and the science of govern
ment. The members of the House whose
seats were not contested having decided (be-1
fore they were sworn or organized) that the
votes of certain members of New Jersey
should not be counted, and the validity of the
decision being insisted upon, Mr. Adams said,
“That decision was illegal, unconstitutional,
null and void, on the ground, also, that the
House in its then unorganized state, had no
power under the constitution, to decide any '
question.” The history of that whole contro-1
versy shows such to have been the general ,
opinion of the House, as I am prepared to'
show from the debates now before me ; but as i
the House seems to be a little more patient, 11
I will not inflict further quotations upon them.
The House continued without making any
new rules for days, until it was finally or
ganized, and the members were sword ; then
rules were adopted for its government.
If, then, the House, before its organization,
could decide no question, how can it enact a
law binding upon its members, abridging the
liberty of speech? I venture to say no such
rule was ever before adopted in any <]elibera
tive assembly. It is without a precedent in
the annals of civilization. Even the revolu
l tionary tribunalsof France, during the Reign
i of Terror, did not soil their blood-stained re
r cords with an order denying the liberty of
• speech. This deed was reserved for you, re
presentatives cf a free people. (“Order, or
> der.”) What, then, is your condition ?—what
i your rights, and what your duties, in your pre
sent condition ? Under the constitution you
have the right “to choose your Speaker and
other officers.” This must be done in con
formity to existing laws, for you cannot now
make a new law. The general parliamenta
ry law, the common law of Parliament, as far
as not inconsistent with your constitution and
statute law, is your law. By it you are bound
until you are in a condition to make others.
It is is amply sufficient for all legitimate pur
poses of organization. Thirty Congresses
have met and been organized under it, and.no
such tyrannical proceed»»>£?_aa that J ou
firnve atluptetTfirtS ever been Seemed necessary.
What now do you pretend to have for it? Its
adoption was probably an 'inadvertence ; it
was certainly without debate or consideration;
but now you want it, and you hold on to it in
order to enable you to perpetrate another
wrong on the constitution, by passing the re
solution now before the House, and foisting a
Speaker upon it, by a plurality of votes instead
of a majority. There is no impediment in the
way of your performance of your constitution
al duties. Your path is plain, your duty clear.
But you find yourselves trammelled by
your party ties. Your plain duly is to break
these ties, and perform your constitutional
duty; but you prefer to break the constitu
tion of your country. Therefore you will
this day do what you have already determined
in caucas to do—you will delegate that pow
er which the constitution vests in the House
of Representatives to a minority of that House,
and you will permit that minority to exercise
your constitutional duty to choose a Speaker.
A power delegated to the House must be used
by a majority of the House. In Jefferson’s
Manual we find the true and correct doctrine
laid down, page 183 : “The voice of the ma
jority decides; for the lex majoris partis is the
law of all councils, elections, &c., where not
otherwise expressly provided.” It is not
otherwise provided in the constitution, nor
laws, nor rales of Parliament, nor in any
rule of any preceding Congress. They, one
and all, where the question is referred to, sus
tain the majority rule. It is the basis of our
whole system. The will of any assembly can
only be known by a majority. Therefore,
whether every member of Congress is present,
or but a majority of one, it is but a “House,”
and a majority must declare its will. I there
fore demand of you, before the country, in the
name of the constitution and of the people, to
repeal your illegal rnler, eject the oqe on the
table, and proceed to the discharge of the high
duties which the people have confided to you,
I according to the unvarying precedents of your
predecessors and the law of the land.
Mr. Toombs resumed his seat. During the
latter part of his speech the Ho’tfse was more
tranquil. While he was speaking, however,
• the Clerk had progressed in the call of the roll
I about twenty names. Responses had been
given by a few of the gentlemen called, but
I the disorder was so great that it was impossi-
Ibb for gentlemen from The.r seats to make
i their answers audible to the Glerk. There
were now cries from all parts of the House
that the roll be called over again.
The question was upon the motion of Mr. I j
Inge that the resolution of the 14th instant, j '
which prohibits debate until a Speaket* shall I 1
have been elected, be rescinded. ! 1
And the roll having been called, the Clerk : *
announced the vote as follows : Yeas 97, nays i
120. So the motion was rejected.
Congress.—A Speaker at Last.—Ou
j Saturday last, the House met, and after some
desultory debate on the proposition made by
Mr. Stanton from the committee of the two
. great parties, Mr. Stanton called for the read
i ing of his proposition, which was read as fol
; lows:
Resolved, That the House will proceed im-
I mediately to the election of a Speaker, viva
voce; and if. after the vote shall have been cal
led three times, no member shall have receiv
ed a majority of the whole number of votes,
the roll shall again be called, and the member I
who shall then receive the largest number of l
votes, provided it be a majority of a quorum,
I shall be declared to be chosen Speaker.
Amendments were offered by Messrs. Meade •
Kaufman and Giddings, on each of which a
vote was taken, and the two latter were voted j
down. The question then occured on the
resolution of Mr. Stanton, which was adopted
—yeas 113, nays 106.
The House then proceeded to ballot for j
Speaker, and after three trials without suc
cess, the fourth was entered into, when the
vote stood:
H. Cobb received 102
Winthrop 100 !
Wilmot 8
Morehead 4
Strong 3 I
A. H. Stephens I
Colcock 1 ’
Durkee i
Potter 1
Boyd 1
222
For Mr. Cobb.—Messrs. Albertson, Ashe,
Averett, Bay, Bayly, Beale, Bingham, Bissel,
Bocock, Bowdon, Bowlin, Boyd, z\lbert G.
Brown, William J. Brown, Buel, Burt, Cabel
George Alfred Caldwell- Carter, Williamson
R. W. Cobb, Colcock, Daniel, Dimmick,
Disney, Dunham, Edmundson, Ewing, Feath
erston. Fitch, Fuller, Gerry. Gilmore, Gor
man, Green, Hackett Hall, Hamilton, Ham
mond, Haralson, Harlan, Harmanson, Isham
G. Harris, Sampson W. Harris, Thomas L.
Harris, Hibbard, Hoagland, Holliday, How- ,
ard, Hubbard, luge, Andrew Johnson, R. W.
Johnson, G. W. Jones, Kaufman, La Sere,
Leffler, Littlefield, Job Matin, Mason, McCler
nand, McDonald, McDowell, McLanahan
McLane, McMullen, McQueen, Me Willie,
Meade, Miller, Millson, Morris, Morse, Olds,
Orr, Parker, Peaslee, Potter, Powell, Richard
son, Robbins, Robinson, Ross, Savage, Saw
telle, Frederick P. Stanton, Richard H. Stan
ton, Stetson, Strong, Sweetser, Thomas, Jacob
Thompson, James Thompson, Wm. Thomp
son, Venable, Walden, Waldo, Wallace,
Wellborn, Wentworth, Whittlesey, Wildrick
and Young.
For Mr. Winthrop.—Messrs. Alexander,
Alston, Anderson, Andrews, Ashmun, Baker,
Bennett, Bokee, Bowie, Breek, Briggs, Brooks
' Burrows, Chester Butler, Thomas B. Butler,
i Joseph P. Caldwell, Calvin, Campbell, Casey,
i Chandler, Clark, Cleveland, Clingman, Cole,
, Conger, Conrad, Corwin, Crowell, Deberry,
, Dickey, Dixon, Duer, Duncan, A. Evans,
I N. Evans, Fowler, Freedley, Goodenow, Gott,
Gould, Grinnell, Halloway, Hampton, Hay,
Haymond, Hebard, Henry, Hilliard, Houston,
Hunter, Jackson, J. L. Johnson, Kerr, Daniel
P. King, George G. King, James G. King,
John A. King, Levin, Horace Mann, Marshall
I Matteson, McGaughey MoLeap,
I Meacham, Moore, Nes, Newell,
! Ogle, Otis, Outlaw. Phoenix, Pitman, Pulman,
i Reynols, Risley, Rockwell, Rose, Rumsey,
j Sackett, Schenck, Schermerhorn, Schoolcraft,
' Shepherd, Silvester, Spalding, Stanley, Stev
, ens, Taylor, John B. Thompson, Thurman,
. Tuck, Underhill, Van Dyke, Vinton, Wat-
I kins, White, Williams, Wilson.
For Mr. Wilmot.—Messrs. Allen, Booth, |
Durke, Giddings, Howe, Julian P. King
and Root.
For Mr. Stephens.—Mr. Cabell.
For Mr. Strong.—Messrs. Cleveland, Doty
and Peck.
For Mr. Colcock.—Mr. Holmes.
For Mr. Moorehead.—Messrs. Morton,
Owen, Stephens and Toombs. •
For Mr. Durkee.—Mr. Wilmot.
For Mr. Potter.—Mr. Wood.
For Mr. Boyd.—Mr. Woodward.
The Clerk then prepared to declare Howell I
Cobb of Georgia, to have been elected Speak
er of the 31st Congress; when
Mr. Stanley offered the following resolution:
Resolved, That Howell Cobb, a Represent
ative from Georgia, be declared duly elected
Speaker of the House of Representatives for
the 31st Congress.
Thereupon, there was clapping on the floor
and in the galleries, and many members called
for order.
The Clerk called on the Doorkeeper to clear
the galleries, if further demonstrations were
made there.
Mr. Root, declaring his belief that the reso
lution of the gentleman from North. Carolina
[Mr. Stanley] was unconstitutional, demanded
that the yeas should be called thereupon.
[Great confusion and uproar, many members
calling him to order.] «<■
Mr. Schenck protested against calling the
yeas and nays, Mr. Cobb having already been
elected the Speaker of the 31st Congress.
But, amid great confusion, the toll was called
on agreeing to Mr. Stanly’s resolution; and
the resolution was agreed to—yeas 149, noys
33, as follows:
Yeas—Messrs. Albertson, Anderson, Ashe,
Ashmun, Baker, Bay, Beale, Bennett, Bing
ham, Bissell, Bocock, Bokee, Booth, Bowdon,
Bowie, Bowlin, Boyd, Breck, Briggs, Albert
G. Brown, William J. Brown, Buel, Chester
Butler, Cabel, George Alfred Caldwell, Joseph
P. Caldwell, Carter, Uasey, Clingman, Wil
liamson. R. W. Cobb,tonrad. Corwin, Deber
ry, Dimmick. Disney, Dixon, Dixon, Dotv, Du
er, puiicun K Ptidliuui,XJ /V.
Nathan Evans, Ewing. Filch, Freedley, Ful
ler, Gerry, Gilmore, Gorman, Gould, Green,
Grinnell, Hackett, Hall, Hamilton,Hammond,
Hampton, Haralson, Harlan, Harmanson,
Isham G. Harris, Sampson W. Manis, Thos.
L. Harris, Hay, Haymond, Henry, Hibbard,
Hoagland, Houston, Howard, Inge, Andrew
Johnson, James L. Johnson, Robert W. John
son, Jones, Kaufman, Kerr, George G. King,
James G. King, John A. King, LaSere, Leffler,
Levin, Littlefield, Job Mann, Marshall, Mc-
Clernand, McDonald, McDowell, McKissock,
McLanahan, McLane, McLean, McMullen,
McWillie, Miller, Millson, Moore, Morris,
Morse, Newell, Ogle, Olds, Orr, Otis, Parker,
Peaslee, Phoenix, Pitman, Potter, Powell, Put
nam, Reynolds, Richardson, Robbins, Robin
son, Rockwell, Rose, Ross, Savage, Sawtelle,
Schenck, Schermerhorn, Shepherd, Stanly,
Frederick P. Stanton, Richard 11. Stanton,
Stetson, Sweetser, Taylor, Thomas, Jacob
Thomson, James Thompson, John B. Thomp
son, William Thompson, Thurman, Van Dyke,
Vinton, Walden, Waldo, Watkins, Went
worth, White, Whittlesey, Wildrick, Wil
liams, Winthrop, Wood and Young—l 49.
Nays—Messrs. Allen, Andrews, Averett,
Bayly, Burt, Cabell, Campbell, Colcock, Crow
ell, Daniel, Durkee, Featherston, Giddings,
Hilliard, Holliday, Holmes, Howe, Hubbard,
Hunter, Julian, Preston King, McGanghbey,
McQueen, Morton, Outlaw, Owen, Root, Al
exander H. Stephens, Toombs, Tuck, Vena
ble, Wallace, Wilmot, and Woodward—33.
The Clerk then declared that Howell Cobb,
a representative from the State of Georgia,
had been duly elected the Speaker of the 31st
Congress, and requested Messrs. Winthrop
and McDowell to conduct him to the chair;
which duty was performed by those gentle
men, amid profound silence and great sensa
tion.
The Speaker elect then addressed the House
as follows:
Gentlemen of the House of Representatives :
Ifwould be useless to disguise the fact that
I feel deeply embarrassed in taking the Chair
under tho circumstances attending my elec
tion.
I am conscious of the difficulties by which
this position is surrounded at the present time.
The peculiar organization of this body, as
exhibited in our proceedings since we first
met—the nature and character of tho various
important and exciting questions of public
policy which will engage our attention during
the present session of Congress—conspire to
render the duties of the office peculiarly em
j barrassing, onerous, and responsible. I may
I be permitted, therefore, to ask, in advance, your
, generous aid and support in the effort I shall
I make firmly, faithfully and impartially to dis
i charge its duties.
I The country has been looking with anxiety
to our efforts to effect an organization—the
’ people will continue to regard with intense
interest every step we take in our legislative
course. Our duties will be laborious—our
responsibilities great. Let us then, in view
of these considerations, invoke in the discharge
of these duties a patriotism as brood as the
Union, and as comprehensive as the nature
and character of her various interests and in
stitutions. Guided by this spirit, under the
blessing of Heaven, our action will result in
the continued prosperity of our common coun
try- •
Accept, gentlemen, my grateful acknowl
i edgements for the honor you have conferred
, on me in selecting me as your presiding offi
cer during the present Congress.
Mr. Vinton said that the annual communi-
I cation from the Executive had been delayed so
I long as to render it highly important that it
should go forth to the country, so anxious to
receive it, without greater delay. He would
therefore propose for the purposes of prompt
ly communicating the fact of the organization
of the House officially to the Senate, that
the members be now sworn in.
A Member. The Speaker has not been i
sworn in himself yet.
The Clerk then called Mr. Lynn Boyd, the ’
senior member, to the desk, who administered j
to the Speaker the customary oath of office.
Mr. Jacob Thompson conceived that by
swearing in the members now, nothing was to
be gained in the way of getting the message,
&c., before the country, as before jt could be
received by the House it was necessary that
the faet of the organisation should be an-'
Bounced to the Executive by a joint cuinmitee !
from both brunches of Congress; aud the Sen
ate would not be in session again until Mon
day Morning.
Mr. Jones, with the view to the early trans- ■
mission of the message to the House and Sen- 1
ate, moved that the House do now adjourn
till 10 a. m. on Monday, so that by noon of
that day, the members being all sworn in, the
Executive communication might be received.
This motion was understood to have been
withdrawn, (much opposition to the early hour
having been manifested on all sides.)
On motion, the House then adjourned until
noon on Monday.
1 From the Columbia (S. C.) Telegraph, j
acts of 1849.
1. An act to continue in office the late Com-1
missioners of the Poor for York District. |
2. An act to alter the Constitution so as to j
change the name of Saxe Gotha, to Lexington, I
and extend its boundaries to its present judicial .
limits.
3. An act the formation of the i
Spartanburg Railroad Company.
4. An act to incorporate the village of York. '
5. An act to renew the charter of St. Peter’s
Church, Charleston.
6. An act to incorporate the Marine Church
of Charleston, and for other purposes.
7. An act to alter the law in relation to
slaves hiring their own time, nnd for other
purposes.
8. An act to incorporate the town of Ches
ter.
9. An act to incorporate the town of Dar
lington. x
10. An act to incorporate the Society for
the relief (of tho families) of deceased and dis
abled indigent members of the Medical profes
sion of the State of South Carolina.
11. An act to amend the law in relation to
the rights of sureties.
12. Aqactto establish the Mt) Pleasant
Ferry Company. .
. 13. An act to amend the act incorporating
theKeowee Turnpike Company.
14. An let te amend the limits of the city
of Charleston.
15. An act to amend the law in relation to
| the lien of judgments.
j- 16. An act to require Commissioners of
| Buildings, of the several Districts of this State
I to furnish the Sheriffs the books required to
j be kept by them.
17. An act to vSst in Susan Conelly all the
right, title and interest of the State in certain
escheated property.
18. An act to authorize the City Council of
Charleston to prevent interments within said
city, without proper certificates, and for other
I purposes.
19. An aetto amend an act entitled an “ act
to authorize the formation of the Greenville
i and Columbia Railroad Company ;” and an act
entitled an act to amend an act to authorize
the formation of the Greenville and Columbia
, Railroad Company.
20. An act to afford aid in constructing the
, Laurens Railroad.
21. An act toimend the law concerning the
publication of Sheriff’s Sales for Pickens Dis
trict.
22. An act to appoint Commissioners from
Horry District Io clear out Little Pee Dee
River, and for other purposes.
23. An act to apportion the representation of
the State.
24. An act to establish certain Roads, Fer
ries and Bridges. •
25. An act to alter the License laws of the
Slate.
26. Au act to authorize and require the
transfer of all papas appertaining to the ad
ministration of estates now deposited in the of
fice of the Secretary of State in Charleston to
the Ordinary’s Offito for Charleston District.
27. An act to vest in Mary O’Neale the
right and title of the State in and to the estate
of John M. O’Neale.
28. An net to vest the right and title of the
State in and to a tract of land in Chester Dis
trict in David Lyle and his heirs.
29. An act to amend an act to prevent the
obstruction to the passage of fish up Lynche’s
Creek.
30. An aetto raise suppiitn for lhe year
commencing October, 1849.
31. An aet to Itico’rporate
Plank
~kdge!iel(i
33. An act to cbiffter und Dar
lington’ Railroad Company.
34. An act to incorporate certain Societies
and Companies, and to renew and amend cer
tain charters heretofore granted.
35. An act to muke appropriations for the
year commencing October, 1849.
[From the Alabama Journal, Dec. 25th.]
Late from California.
The brig Mary Estland, arrived at New Or
leans on the 20th from Chagres, bringing advi
ces from California up to the 4th iust.
The general election in California took place
on the 13th ult., for Governor, Lieutenant Go
vernor, members of Congress, and members
of the California Legislature. At the same
time, the vote on tho ratification of the Consti
tution was taken. The Pacific News gives
the returns of the election in San Francisco
as far as received, as follows :
For Constitution, 2,051 | Against it, 5
For Governflr.
! Peter 11. Burnet, 1,935 I VV. S. Sherwood, 89
j John A. Sutter, 1,084 |
j The election, as far as heard from, has re-
I suitedin the election of the Democratic ticket
j for Governor, members of Congress, &c. It
seems that the leading Democrats with their
usual energy, got up a party organization just
previous to the election—the Whigs did not.
The Alla California refers to the fact that
the regular democratic ticket in San Francisco
for State Senators and Assembly men, is elect
ed by a large majority, and says, “ it is, tbere
| fore, certain that Air. King will get no support
| from the district of San Francisco. Under
I these circumstances, we regard it as certain
! that he will not be returned to the United
| States Senate.”
i The character of the Constitution framed by
i the Convention, says the Pacific News, and
i now unquestionably ratified and adopted by the
people, in our judgment, settle) fully, as we
have already stated in our columns, the ascen
dancy of the principles of the democratic par
ty in California, but we were not prepared to
believe before the election, that the communi
ty, even of San Francisco, was at this time so
ready as it has proved to be, to enter into a
democratic party organization. We do not
‘ yet by any means believe, however, that party
I organization will be found to be nearly as strong
jin any other part of the State. It will be ob
served, that in San Francisco only about 2,000
votes out of rhe whole number polled, were
cast in favor of the Constitution. We believe
this disproportion to be owing entirely to the
circumstances that many tickets were inadver
tantly issued on which the words “ for the
Constitution,” were, by mere accident, omitted.
We regard it as almost certain that Burnett i
is elected Governor; and we think that either
McDougal or Roman, the candidate of tho
San Joaquium district, is elected Lieutenant
Governor.
[From the Savannah Republican, Dec. 22.]
We place before our readers this morning
the Report of the Joint Committee on the state
of the Republic, introduced into the Legisla
ture on Tuesday last. The report and accom
panying resolutions, with the bill for calling
a Convention of the people of Georgia, re
main for the consideration and action of the
Legislature, when it shall again convene, on
the second Alonday in January next.
We embrace tire opportunity to express our
approbation of the course of the General As
sembly in taking a recess, and -especially are
we pleased that the Senate placed that mea
sure on the ground that it was proper to see
the coarse of events at Washington. The
subject is one of the deepest importance, and
Georgia, in common with all the Southern
States, should now, unhesitatingly, take a stand
which cannot be mistaken by the non-slave
holding States. Time is now given to the
I Congress of rhe United States to see what is
| the temper and the determination of our peo
ple, and we trust they will, at last, perceive
(what we know to be the fact—the fixed, unal
terable fact)—that the Southern States will
not any longer submit to the injustice which
has, for years, been imposed on them.
We believe that the action of the Legisla
turewill be unanimous—we desire ardently to
see it *o, and if there should be on any part of
the report a difference of opinion, we hope it
may be reconciled to the saiifaction of all par
ties before the final step ia takea,
From the Charleston Ev. News, Dec. 22.
The Union and Messrs. Toombs, Ste
phens and Hilliard.—We concur in the
strictures of the Charleston Mercury, io rela
tion to the language which The Union has
been pleased to adopt in reference to the con
duct of these gentlemen, in the present con
test in Congress. Thb Richmond Enquirer,
following in the course of The Union, is “will
ing to excuse them measurably for their deeds.
We have no such stinted measure of approba
tion to offer to them for their manly and patri
otic conduct, and which has so well sustained
their character as the representatives of a gal
lant people. To say that they have done their
duty, so fully as to leave us nothing more to
desire at their hands, is to pay them a tribute
not higher than they deserve, and yet, in it
self the highest that any man could receive,
i True it is, that we never doubted the course
! that would commend itself to the high-toned
j representatives of the South, whenever the
1 question of tame obedience to such gross op
! pression, as is now threatened, should be open
ly presented. But the promptness with which
j they have burst asunder the ties of a 'mere
' party associaiion, when it impeded their vindi
* cation of the slaveholding section of the Union
—the boldness with which they defined their
position, and proclaimed their sentiments —
| and more than all, the confusion which they
j have caused in the faces of our opponents,
' and which so conclusively shows the moral
i and political influence of their conduct, all
prove the high and unabated satisfaction with
■ which their conduct should be hailed, not only
I by their own constituents, but by the people of
j the whole slaveholding states.
From the Columbia S. C. Telegraph.
The True Ground.—The Charleston Mer
, cury.at the conclusion of an editorial
i th<i Washington Union fur ’
i enrhe effect of the able aid eloquent speeches
of the Southern whigs, lorYarty purposes, usei
I the following strong and truthful language.—‘
I Our leaders will bear us witness, that it em-
I bodies lhe views which we have, for the last
! eighteen months, striven to enforce, to the ex
! tent of our ability :
■ Is there justice or discretion or .patriotism,
1 in stirring the prejudice of party, or parading
its comparatively petty interests in the presence
of an issue such as this? Ought we not rather
to consider it natural and irresistible that party
ties should shrink and crumble before its blaze;
und that, as the fearfulness of the catastrophe
becomes apparent, and its approach near, the
sentiment of union, not for party but for their
country, should spread through the South,
■ should melt down all other differences, swai-
I low npali meaner passions, and gather into a
| phalanx all true men? Such, we feel sure,
I will be its effect. The Washington Union can- |
i not prevent or stay the tide—it will tie engulfed 1
|by it, if it persists in attempting to compress .
i its current within the narrow and shallow I
[ channels of party.
THE SUBSCRIBER,
BEING desirous of eoucciitratiiig his busi
ness, offers for sale the following property in
Georgia, Florida and Tennessee: —looo acres of
Land in Clark county, Geo., with good dwelling,
large aud convenient, with every necessary out
building. The most of this tract within three
quarters of a mile of tho Colleges and Chapel at
Athens, with three splendid wuter privileges; one
on the Oconee river, just below tho Athens Fac
tory, which will require* a small darn which can
be built at a trifling expense, say only feet high,
j which will command water enough to turn 12 or
; 15 thousand spindles, which is within a mile or
less of tho Rail Road Depot; also, there isa water
' privilege on a creek, and a sett of Granite Mills
in a state of progression which will have a water
i wheel 26 feet in diameter by ID feet buckets, aiQ
i the dam complete, made of stone, which will give
a head and fall of over 25 feet, on a never-failing
stream, within less than three-quarters of a mile
of the Colleges. It is thought sufficient to drive
a saw and three or four run of stones, or a cotton
factory. There is also a smaller stream, with 18
feet head aud fall,sufficient for a mill or a tannery,
on the direct main road that leads to Athens; and
the wood that is on this tract (being near 700
actee of woodland,) will pay, at the low price at
■ which it is now selling, between 30 and 40 tliou
saud dollars. This tract may be divided into
three verv valuable settloments, with a splendid
waLimujulege on each, and an abundant supply
fine w
county, ou the Ocklockony river, with a charter
for ferry or bridge, lying on the main road from
Bainbridge to Thomasville. Also, 40 lots in
Habersham and Rabun counties. The follow
ing lots iu Ist district, Rnbiui county, 490 acres
liu each lot: N 05.29, 89, 32, 96, 86, 50; and in
I the 2d district the following lots, each 250 acres:
' Nos. 85, 86, 110, 111,112,65,64,67, 194, 139,
I 195, 168, 137, 116,42. 170, 166, 73, 87, 151,
| 157, 188; and in 3rd district the following lots,
i each containing 490 acres: lots Nos. 110,56,58,
37, 98, 61, 116, 115. And in Habersham coun
ty, lots No. 83, 13th diet.,.Nos. 41 and 18, in 6th
dist. Also, 40 lots in the Cherokee district: No.
958, in 4th dist, Ist sect; No. 460, 4th dist, Ist
sect; No. 559, 4th diet, Ist sect; No 699,4th dist,
Ist sect; No 649, sth dist, Ist sect; No 1054,17th
dist, 2d sect; No 651, sth dist, Ist sect; No 492,
20th dist, 3d sect; No 536, 4th dist, Ist sect; No
694, 4th dist, Ist sect; No 765, 4th dist, Ist sect:
No 442, sth dist, Ist sect; No 784, 4th dist, Ist
sect'. No 332, sth dist, Ist sect; No 656, 4th dist,
Ist sect; No 279,4th dist, Ist sect; No 641, 4th
dist, Ist sect; No 165,4th dist, Ist sect; No 362,
4th dist, Ist sect; N 0976, 14th dist, Ist sect; No
636, 4th dist, Ist sect; No 263, 4th dist, Ist sect;
No 555,2 d di.st, 4th sect; No 449, 4th dist.,-let »
sect; No 566, 20th dist, 3d sect; No 265, 20th
diet, 3d sect; No 755, Ist (list, 4th sect; No 342,
Ist dist, 4th sect; No 250, 11th dist, Ist sect; No
I 306, 2d dist, 4th sect; No 142.11th dist, Ist sect;
’ No 170, Ist dist, 4th sect; No 588, 4th dist, Ist
I sect;No'464,lst dist, 4th sect; No 140,11 th diet,
i Ist sect; No 698, 20th dist. 3d sect; No 88, 11th
diet, Ist sect; No 302, 3d dist, 4th sect; No 303,
; 3d diet, 4tb sect; No 1002,20th dist, 3d sect; No
■j 255, 20th dist, 3d sect;No2Bß, Ist diet, 4th sect;
No 301, Ist dist, 4th sect; No 237, Ist dist, 4th
; sect: No 934, 20tli dist, 3d sect; and one lot in
! Union county, No not recollected. And the fol-
I lowing Lands in tho State of Florida: about 2000
acres, in three tracts, all contiguous, with a first
■ rate Plantation, of between five and 600 acres
I cleared land, now in it high rtate of cultivation,
with every improvement for convenience or com
fort, with algood cistern for holding water, spring
and well of water, and lying immediately upon
Lake Jackson, which abounds in the finest fish
in the spring, summer and autumn, and abound
ing with wuter fowls of the fluent kind through
the winter and spring; 10 miles distant from the
city of Tallahassee, und in an excellent neighbor
hood, and but a few miles from the Ocklockony
river. This tract is now capable of affording
comfortable quarters for a large family, having*
good dwelling house, 60 feet front by 44 rear,
with six rooms and two passages on first floor, and
four rooms und passage on second floor, bewdan
piaz-za in front, nn4. good _
Also 3000 acres of Eand iu Cu?He county, Ten
nessee, in all of which a great bargain will be
sold. And if the Lands can be sold, 50 Negroes
and Stock of all kinds will be sold with them, be
sides Corn, Fodder, Blackemitha’ and I’lantntion
Tools of every description.
August 21 ly WM. A. CARR.
Fare Reduced to S2O from
Charleston to New York.
The Great M.lll. ROUTE from
C IRIREESTO.V, S. C.
ILF Ceasing the Wharf at the
foot of Laurens street, daily at 3 p. m., after the
arrival of the Southern cars, via WILMING
TON andWF.LDON, N. C„ PETERSBURG
RICHMOND, to WASHINGTON, BAi.TI
MORE, PHILADELPHIA, and N. YORK.
The public is respectfully informed that the
Steamers of this line, from Charleston to Wil
mington, are in first rate condition, and are navi
gated by well known and experienced command
ers, and the Rail Roads are iu fine order, thereby
securing both safety and despatch. A Through
Ticket having already been in operation, will be
continued on and after the first of October, 1849,
as a permanent arrangement from Charleston tb
New York. Passengers availing themselves
thereof, will have the option either to continue
without delay through the route, or otherwise
to stop at auy of the intermediate points, re
newing their seats on the line to suit their con
venience. By this route travellers may /each
New \ ork on the third day-during business hours.
Baggage will be ticketed on board the steamer to
Weldon, as likewise on the change of cars, at the
intermediate points from thence to New York,
Through Tickets to New York at S2O each’
can alone be had from E. WINSLOW, Agent
of the Wilmington and Raleigh Rail Road Com
pany, at the office of the Company at the foot of
Laurens street, to whom please apply. For fur
ther information, inquire of
L. C. DUNCAN,
Aug 11-ly at the American Hotel.
October2o, 1849.
JOB PRINTING
Afvatly at Hit* OMic«