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THE VTLANTA WEEKLY EXAMINER.
WKS ZH3 K. I_. CinCULATIONT OF
JOHN 11. STEKLE, ( Editorg .
CHAS. L. BARBOUR. )
VOLUME 11.
THE WEEKLY EXAMINER
li Published every Friday Morning in the City
of Atlanty, at
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Legal Advertiiements.
Sales «f Land and Negroes, by Administra
tors, Executors or Gurdians, are required by law
in be held on the First Tuesday in the month,
tot ween the hours of 10 in the forenoon and 3
bo tho afternoon, at the Court House in the
County in which tho property is situated.
Notices of those sales must bo given ia a pub
ic gazette 40 days previous to tho day of sale.
Notices for tho sale of personal property must
be uiven in hko manner 10 days previous to salo
day.
Notices to the debtors and creditors of an es
tate must also bo published 40 days.
Notice that application will be made to the
Court of Ordinary, for leave to sell Land or Ne
groes, must bo published for two months.
Citations for letters of Administration, Guar
dianship Ac., must be published 30 days—for dis
mission from Administration, monthly six months
—for dismission from Guardianship, 40 days.
Rules for foreclosure of Mortgages must be
published monthly for four months —for establish
ing lost papers, for the full space of three months
—for compelling titles from Executors or Admin
istrators, where bond has been given by the de
ceased, tho full space of three months.
Publications will always bo continued accord
ing to these, the legal requirements, unless other
wise ordered, at tho following
Rates:
Citations on letters of Administration &c. $2 76
do do dismissory from Adminis
tration, 4 50
Citation on dismissory from Guardianship, 3 00
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Notice to debtors and creditors. 3 00
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Sales of land or negroes by Executors, &c. 6 00
Eatrays, two weeks, 2 50
For a man’advertising his wife, (in advance,) 5 00
Letters on business must be (poet paid) to en
title them to attention.
FRIDAY, NOVEMBER 23, 1855.
Income of the Western & Atlantic Rail
Road, October ,1855.
From Freights, - - 856,205 94
“ Passengers, - • 16,760 65
“ Mail, ... 1,89583
Total 874,862 72
lucerne for October, 1854. 43,07154
831,79118
E. B. WALKER, Master Transp’n.
Kansas and Georgia.
We have before culled attention to the
critical position occupied by our State in .re
lation to the admission of Kansas, as a State,
and wo have dono so with no disposition to
alarm the people, or to excite an undue feeling
in the premises. None are more attached to
the Union than we are—none would go further
to.preserve it than wo would; but we feel that
the people of our State should now begin to
look about them and understand the position
in which they are placed by those men at the
North who have spurned their declaration that
they would submit to no more aggression, and
have gone on without diminution of fanatic
zeal or alteration of their original plan of ope
ration to exclude slavery from the territories
of the United States. In solemn convention
our people have declared that the anti-slavery
party should go no further in thsir aggressive
policy; that in the event of their refusal to ad
mit any new State upon the ground of the ex
istence of slavery within its limits, they would
sever every tie that bound them to the Union.
Now, how do we stand in reference to Kansas f
'pliat Territory will apply for admission; she
will be resisted by the anti-elavery delegation
in Congress, and in all probability be refused.
We can see no evasion of the issue. The North
is determined she shall not come in as a slave
State. She has spent her treasure, sent her
men, resisted the laws of the Territory, and in
deed dono everything possible to satisfy us as
to her settled determination to disregard our
warning and carry her purpose, in spite ot
threat, remonstrance, constitutional obligations
and all. Where, then, do we stand ? Shall we
abandon the position we took in the Conven
tion of 1850, and furnish the North new facili
ties for further aggression ? Shall we uncover
our necks and humbly bow to receive the yoke ?
B Shall we say to them our Convention was a
B fares, only meant to intimidate you—if you
will exclude territories because they choose to
recognize slavery, why we must submit ? It
Georgia, proud eld Georgia, Statue RigMi
THE CHEAPEST POLITICAL AND NEWS PAPER IN THE SOUTH—A WEEKLY FIRESIDE COMPANION FOR ONLY ONE DOLLAR A YEAR, IN ADVANCE.
Georgia, prepared for such humiliation ? God
help us if she ia 1 It remains for her people to
say whether she will fall so low; whether she
will repudiate the action of her Convention,
which so unqualifiedly endorsed.
It is possible, barely possible, that the terri
ble alternative of secessjpn may be evaded hon
orably. God grant it may! But now, when
the sky threatens a storm, it is well to prepare
for it. If we stand idly and await its coming,
we will never avert it. We need not look for
help outside our own exertions, and how shall our
efforts be directed ? Gov. Johnson has sugges
ted the only feasible plan. Let the Legislature
provide for a convention to assemble, and in
tones that shall not be mistaken warn these
fanatics that they are treading upon dangerous
ground; show them our sincerity, and, if possi.
ble, dissuade them by fear of consequences.—
At any rate let us have a thorough understand
ing of each other, and the course we shall pur
sue.
We think the people of Georgia will heartily
approve such a step, and when the contingen
cies occur to convene such a body, they will be
prepared to sustain their honor, even though it
be at the price of disunion. If fortunately these
contingencies do not occur, then there will be
no harm done, on'the contrary it will be ex
pressive of a determination to maintain our high
position, which will have a good effect, byteach
ing the North that we are in earnest.
Milledgeville Correspondence.
Milledgeville, Nov. 14.
The Senate assembled this morning at 10
o’clock. After the Journal was read a number
of bills were introduced and read the first time.
Among them were a few of general interest,
and one of them of great importance. This
was a bill introduced by the Senator from
Greene, Mr. Cone, to regulate the attachment
laws of this State. Those who listened to the
reading of this bill, pronounce its provisions
most excellent. The Senator from Haber
sham, Mr. McMillan, moved tbat one hundred
and fifty copies of it be printed Thia motion
was opposed by the Senator from Hall, Mr.
Dunegan, on the score mainly of economy.—
After a few pertinent, and elegant rem irks
from the mover of the motion, Mr. McMillan,
wi-o urged that the printing of a bill so impor
tant, was absolutely necessary, and that it was
true economy both of time and money to print
the bill, the motion prevailed, and one hundred
and fifty copies were ordered to be printed for
the use of the Senate.
We think the Senator from Habersham was
right. All bills of public interest should be
printed and laid upon the desk of each Sena
tor. It is idle to talk of expense and economy
in matters of this character. That a printed
bill before such Senator facilitates action upon
it, and is greatly advantageous in many other
respects, tow men of experience can doubt.—
The remarks of the Senator from Habersham
doubtless convinced a large majority of the
Senate of the utility of printing all such bills.
The Senator from Coweta, Mr. Buchanan,
also introduced a very important bill. This
was to regulate the fees of Attorneys and Soli
citors General of the State. That a reform is
desuable in this respect, wo hardly think can
be doubted by any one.
On motion of the Senator from Dougherty,
the rule was suspended in order to enable him
to offer the House Bill as a substitute for the
bill of the Senate to constitute Dougherty
county a body corporate, for the purpose of
constructing a Rail Road between Albany and
Americus, or any other rail way running to
said county, by a subscription for stock, and
the issue of bonds thereof, upon a vote of the
citizens of Dougherty.
This bill in all its details has already been
spread before the readers of the ‘ Examiner.”
The motion of the Senator was adopted, but
after much discussion on the question of adopt
ing the substitute in lieu of the original bill, on
which the mover, Mr. Lawton, Mr. Dunegan,
Mr. Gibson, Mr. Murphy, Mr. Peeplee, Mr.
Hardeman, and others, participated, the fur
ther consideration of the subject. On motion of
tho Senator from Lowndes, Mr. Knight, was
postponed for the present.
The Senator from Muscogee, Mr. Wales, in
troduced a resolution which has been adopted,
directing the Committee on the J udiciary to re
port a bill to repeal the Usury Laws of the
State.
Mr. Gibson, reported a bill to alter and
amend the first Section of the 3rd Article of I
the Constitution. c
Our readers in the County of Newton, will 1
be pleased to see that Mr. Alurphy, of DeKalb; 1
reported this morning a Bill requiring the
Judge of the Superior Court of that County, to 1
hold its sessions for two week's—commencing 8
the 3d and 4th Mondays in March and Sep tern
bur. i
The Senator from Habersham, Mr. McMil- '
lan, introduced the following Bills:
A Bill further regulating the decisions and c
practice of the Supreme Court. 1
A Bill relative to the county of Habersham. J
A Bill authorizing Gabriel Sisk, of thecoun- 1
ty of Habersham, to peddle without a license. 1
A Bill to lay out and organize a new county 1
from the county of Clark. j
The first of these bills is one of infinite im
portance to the people; and the last is one that r
is opposed by a portion of the people of Clarke 1
county, as we learned through an observation I
of the Senator from that county, while it is re- ’
quired by another portion of its citizens. For J
and against it, petitions will be before the Sen- i
ate. We may therefore expect to hear a spir- ’
ited debate upon the bill, between the Sena
tors named, when the bill is upon its third i
reading.
. Previous to its adjournment, this morning, i
the Senate adopted a resolution to this effect:
That after the reading of the journal on each i
day, the Secretary of the Senate shall proceed
to call the names of Senators, in Alphabetical
order, upon which the Senator called is privi
leged to introduce any bill, resolution, and so
forth, that he may desire to introduce for the
Senate’s consideration. And that, if prevented
by circumstances from going through the list
on one day, lie is required to commence the
call, in the next, where ho left off on the pre
ceding day. It is thought that this rule will
advance the business of the Senate, though
there are not a few who think that it will not
At one o'clock the Senate adjourned to meet
at 3. this afternoon.
The meeting of the Democratic Party which
assembled last night, at the State House, to
nominate a candidate forJudge of the Supreme
Court, determined not to do so, until the night
previous to the election, which it is supposed,
will be Monday night next.
3 O'clock, P. M.
The Senate convened this afternoon and pro-I
ceeded to read bills a second time.
No other business was trausaetid in this
. Body. We reioice, however, to see a determi
i nation to ssori in the Senate. Both aides in
, politic*, thus far. appear zealous to dispose of
the public business in a manner creditable to,
! and for the interest of, the State. We see no
i c® tb»pd Smtor tor®
ATLANTA. GEORGIA. FRIDAY MORNING, NOVEMBER 23. 1855.
tard legislation, or to indulge in crimination;
a feeling too apt to prevail in legislative bodies
after a heated political contest. We trust that
this will continue to the end of the session.
HOUSE OF REPRESENTATIVES.
Milledgeville, Nov. 14.
’rhe business of the House to-day has been
rather more interesting. A spicy debate arose
upon the report of the Judiciary Committee on
the Bill raising the salary of the Judges of the
Supreme Court to $4,000. The report was
amended to read’B3,ooo and passed. It was
then sent to the Senate for its concurrence.—
We cannot but regard this us a wise act of the
Legislature, and when it makes another change,
locating the sittings of the Court permanently
at some particular point, the objections so fre
quently urged against tie existence of the court
will be, in a great measure, silenced. The po
sition will then be desirable to those who are
the best qualified to fill it, thus giving an in
creased dignity to the body, and increased re
spect for its decisions.
The bill to restrict the pardoning power of
the Legislature, and conferring that power up
on the Executive, except in cases of treason
and impeachment, (amendatory of the 7th sec
tion of the Ist article of the Constitution,) was
lost, the vote standing yeas 67, nays 71.
A bill authorizing the Treasurer to pay the
per diem of the members, officers and clerks of
the Legislature, in proportion to the time of the
session was debated and amended by striking
out the word “Clerks,” and passed.
Mr. Harris, of Fulton, introduced a bill au
thorizing the taking of judgments in certain ca
ses in the Superior and Inferior Courts where
pleas are not filed by the first day, at the first
term after service. This will facilitate the col
lection of debts, and prevent much unnecessa
ry and vexatious delay.
Mr. Soloman, of Cass, introduced a bill re
pealing all laws authorizing imprisonment for
debt.
A bill to incorporate tho Okefcnokee Drain-|
age Company, conferring certain privileges up-1
on it, and requiring it to complete the work in
ten years, was read for the first time.
A Bill asking for an appropriation of 85,000
to remove obstructions from the Satilla River,
was read the first time.
An act requiring non-residents of this State,
owning land m any county thereof to give in
taxes upon such laud in the county where it lays,
was read the first time.
On motion, Dr. Phillips, of Habersham ; wa
placed upon the standing Committee on Intern
al Improvements. House then adjourned until
10 o’clock to-morrow morning.
We lay a copy of the retaliatory Bill of Mr.
Jones, of Muscogee; (which we inadvertently
attributed to Mr. Groin a day or two ago) be
fore our readers, and regret that time is not al
lowed us to comment upon its provisions.
Milledgeville, November 15.
The report of the principal keeper of the
Penitentiary, and that of the State Treasurer,
you will fiud enclosed. Tho first, with tne im
port of Doctor Fort, the eminent Physician of |
this Institution, you will lay before the readers
of the 11 Examiner." Also that portion ot it
headed “Abstract of Prisoners.” It is entirely
unueccessary to offer any comment on this im
portant document. Let it, before our readers,
speak for itself!
You will see from the report of the State
Treasurer, that the estimated expenses for the
year 1866, are set down at 8472,100. And lor
1857, at $284,100.
The estimated receipts of the Treasury 1856,
and 1857, are 8862,600. Andas the expenses
lor these years are set down at 8756,200, there
will be a surplus in the Treasury at the cud ol
the financial year in 1857, of 8106,400. The
Legislature therefore can, with this document
before them, confine themselves to appropria
tions within the limits of the receipts or the
Treasury.
In accordance with the Rule adopted in the
Senate on yesterday, after the Journal was read
this morning, the secretary proceeded to call
the names of Senators for the presentation oi
new business.
Mr. Buchanan offered a resolution referring
various portions ol' the Governor s Message to
the respective Standing Committees of the Sen
ate.
Mr. Cantrell, of Lumpkin, introduced a Bill
to form a new county from portions of Lumpkin
and Gilmer, to be called J ohnson, in honor of
the present Governor, and to be attached to
the sixth Congressional District and Blue Ridge
circuit.
Mr. Chastain introduced a Bill to add a part
of Union to Fannin county.
Mr. Cone, of Greene, introduced a Bill to
prescribe the qualification of Jurors in criminal
cases, and to regulate the trial of persons
charged with criminal ulleuces by the courts of
this State.
Mr. Fambro, of Upson, introduced a Bill to
regulate the hours ot the labor of white per
sons in the Mauulacuuries of this State.
Mr. Morris, of Murray, presented a memo
rial, or report, on the subjeeiol the State Road,
which was not read.
Mr. Murphy reported a Bill to form a new
county out ol Cobb, Cherokee, Forsyth, Gwin
nett, De Kalb, and Fulton, to be called Mc-
Donald. For the iuiormalioti of our readers I
in Fulton, we will state that the portion of
Fulton which Mr. Murphy to take from it, and
make a part of the new county, was formerly a
part of ‘Shallow Fort District.”
Mr. Peoples presented a Report and memo
rial from the 1 rustees uud Professors of the
University of Georgia, which was referred to
the Committee on Education and Free Schools,
without being read—printed copies having been
placed upon the desks of the Sena tore. This'
is an able and interesting paper. We wish it I
were in the hands of every mau in Georgia.
Mr. Pope introduced a Resolution referring'
that part of the Governor's Message, which re-;
laics to the public printing, to a Committee o! ■
one from eacn Congressional District.
Mr. Wilbern introduced a Bill to give State
aid to the Dalton and Gadsden Kail Road. -
The special order of the day was announced
by the Chair to be the Bill to panion John
Boyd.
Un motion of Mr. Cone, of Greene, this Bill
was made the special order for Wednesday
next.
The Senate then proceeded to consider the
Bill to make Dougherty county a body corpo
rate to aid in constructing the Georgia and
Florida Rail Road, Ac.
After some amendment*, and discussion, the
bill was passed.
The Senate, in a short time after the passage
of the bill, adjourned till 3 o'clock, this after
' noon.
i 3 O’clock, P. M.
The Senate conueued pursuant to adjourn
> ment, and proceeded to read bills the second
time. It also after an animated debate on the
part of some of the Senators, referred Judge
. j Cone’s “Attachment Bill,” as it is here termed,
; to the Judiciary Committee.
j An effort was made to pass the bill to ce
s. tablish anew Judiciary Circuit, to be called
n the “Brunswick Circuit.” This was defeated
,f The “Examiner” of this morning, arrived
, here this afternoon, and was delivered at tin
>’ Post office here at 4 o'clock. This is “Joins
» ftim ip brown.' 1 W« trait tbattbcßU
i will continue'to do the same every day, during
j the session.
HOUSE OF REPRESENTATIVES.
Milledgeville, Nov. 16.
In the limited time allowed us for preparing
our communications, we cannot always devote
as much attention to the preparation of our
manuscripts as, in justice to the printer, we
should. For this reason it occasionally occurs
tbat words appear in our letters which we cer
tainly had no intention of using, and which are
mortifying to us. We must beg the reader’s
I indulgence for our printers and ourselves. The
| former have a hard time of it, being up at all
’ times of the night and day, with but little op
portunity for rest. For ourselves, we can only
say that’we will try to avoid as much as possi
ble , these errors ol omission and commission,
and leave the rest to a generous reader's indul
gence.
The house, this morning, was occupied upon
new bills, most of which were of a local char
acter. The most important we notice.
On motion of Mr. Lewis, of Greene, so much
of the Journal of yesterday as referred to the
Bill restricting the pardoning power of the
i Legislature, was reconsidered.
i A special message was received from the
Governor, informing the House of the extension
of the respite of Mercer and Boyd to the 30th
iast., in order to give the Senate and House
time to act upon the Bills introduced for their
pardon.
The Bill to prevent speculators from driving
cattle through certain counties therein men
tioned, was spiritedly debated, and finally post
poned indefinitely. It is a fact not generally
known that cattie driven from lower Georgia
will survive the change of climate, while those i
with whom they herd in northern sections will,
iu a majority of cases, sicken and die from the
association. On the other hand, those driven
; south almost invariably die, while the Southern
j cattle are not at all infected. This is a singu-
I lar fact, and apparently beyond philosophical
! explanation, but it is substantiated by the ex
■ perience of most cattle raisers in both sections.
The constitutional question involved killed the
bill-
Our Medical College bill was, after some de
bate, referred to the Committee on Education,
a direction we can but regret seeing it take, i
since it delays action upon it, and will probably
have the effect to clog it with amendments in
favor of other institutions, perhaps not equally
deserving, which when it comes up again, will
sink it by their accumulated weight. We shall
have more to 4 say upon this subject, at the
proper time. ,
The Bill for the relief of Samuel Walker, of
Fulton County was referred to the Financial
Committee.
The Bill to bestow certain powers upon the
Exectors of John McMasters was referred
to the Judiciary Committee.
The House adjourned until 3 o’clock this af
ternoon. ,
In the afternoon little was done. A few
Bills were read a second time, and the House
adjourned until 10 o’clock to-morrow morning.
Friday, November 16,1855.
A motion was made this morning in the Sen- i
ate to reconsider the Bill which passed yester-1
day constituting Dougherty county, upon a
vote of the citizens, a body corporate for bail |
Road purposes. The motion was lost. !
The Senate agreed to reconsider its action ol;
yesterday in reference to the Bill to create a
new Judicial Circuit, to be known as the
••Brunswick Circuit.” Upon a vote to recon
sider, the yeas and nays were called lor, and (
stood veaa 67, nays 32. Our impression is that ,
this Bill will finally keep both Houses, shat
another Judicial Circuit in the Southern sec
tion of our State, is absolutely necessary lor ,
the protection of the property and rights of the ,
citizen there, no one, with the evidence pre- ]
seuled in this case, can fail to pereei'e. lhe (
policy that would prevent the creation oi the
Circuit, is one alone, we think, ol economy.
Upon a call by the Secretary of the Sena- (
tors, a number of bills were introduced, most .
ol which have been local in their character. . .
The Senator from Murray, AD. Morris, in- ]
troduced a Bill to prevent drivers of Cattle ,
from driving into, or through the counties oi ,
Murray and Whitfield, during the months ol j
June, July, August, September, and October, i
for speculation purposes, from lhe State ot Al- i
abama, Florida, and the low counties of this (
estate. . 1
Mr. McMillan introduced a Bill to incorpo
rate the North-Eastern Rail Road Company.
Also, a Bill to alter and amend the Ist Sec- <
tion of the 3rd Article of the Constitution.
We intend, in reference to the measure ot Sen
ator from Habersham, to-wit, the North East- ;
era Rail Road, to confer with our readers i
through the Editorial Columns of the ■ Exami- ;
ner.” We are impressed with its great impor- .
taace to Georgia, and to Atlanta, and expect to i
urge the same upon.our readers at an early day.
Mr. Miller, of Richmond, introduced a bill ,
for the protection of the rights and property
of married women in this State.
Upon motion of Mr. Cone, ot Greene, one
hundred and fifty copies of thia bill were order- ;
ed to be printed. . . j
Mr. Miller also introduced ihe following ■,
bills: . , . •
A bill to allow Executors. Aumimstrators,
and Guardians, residing in other Estates, to
control stocks in this fetate, and to empower
persons to transfer the same.
Mr. Murphy introduced n bill to after ami
amend ihe I'din Section of the first Article el
the Constitution.
This bill is intr. duced to reins the stringency ,
of the other nun-required of the and |
Representatives ot our Estate Legislature.
Mr. Peeples introduced a bid to abolish im- i
prisoumeut for debt except in certain cases. .
Mr. Shropshire introduced a bill to cump-1I
i Executors, Guardians. Ac., who take notes, to;
1 have these notes renewed every twelve mouths,
I should the drawers fail to ma;-.e payment.
Mr. Smith introduced a bill to change the I
I organization ol certain Congressional Districts.
lin this State. By this bill, it is proposal u> j
place Fulton county in the Sixth Congressional I
' District.
i Mr. Bueiianiin introduced a biii to change.
! ’hename of Selita Bigby to Selita Carter. '
' The Senate, then, oumotion of Mr. Miller, j
made the bill to pardon John Boyd, convicted j
■ of murder, the special order of the day for to
j morrow.
, It then adjourned until 1<» o'clock to-uiorrow
morning.
HOUSE OF REPRESENTATIVES. j
MnxsDoEvnxE. Nov. 16.
So much of the Journal of yesterday as re
! ferred to the Cattle Bill was reconsidered;
j veas 75, nays 50. The Bill was referred to a
I special Committe ot five.
' Mr. Ward offered a resolution referring so
' much of the Governor's message as referred to ‘
, the Public Printing, to the Committee on
Printing.
On motion, Mr. Jones, of Muscogee; was
1 ; added to the Judiciary Committee
IBILUS BEAD THU FIRST TIME : —MI. LaWtOU.
of Chatham; a Bill reducing the number of
Coroner’s Inquest Jurors, in the County of
Chatham to six.
Mi Wood, of Fauio; a Bill cUDgtag the
- T 3E£ E3 E5 X -A. SUE IIXT E3 13000 COF J A E fcs!
Interior Court system, reducing lhe number of
Justices to one for each county with a salary of
S2OO per annum ; ip hold for the term of four
I years.
Mr. Harris, of Fulton—a Bill to incorporate
i the Atlanta Gas Light Company.
Mr. Thornton, of Muscogee—a Bill to sell
I the Western & Atlantic Rail Road ; dividing
; it into 50,000 shares of slo,oooeach,to be put
up and sold at auction in lots of ten shares
| each. Ou motion cf Mr. Terhune, of Floyd ;
S2OO worth of copies of this Bill were ordered
printed for the use of the House.
Mr. Terhune, of Floyd—a Bill to prevent in
solvent creditors from detaining insolvent debt-
I ors at the expense of Jailors, in this State.
Air. Anderson, oi Wilkes—a Bill to author-
I ize the remuneration of Jules D’Autel, of Wilkes
i county; for arresting Kelsea.
Mr. Irvin, of Wilkes—a Bill defining the lia
i bility of husband aid wife for debts contracted
Iby either before marriage; making the husband
j only liable for the same to the extent of wifes
property before eov ture.
Bills read the second time :—The Bill
defining the boundary line between the counties
of Mclntosh and Hmry, and providing for sur
vey of the same; p-ised.
A bill to authorise Justices of the Inferior
Court, upon recountndation of Grand Jury, to
assess and collect a sufficient tex for Grand and
Petit Jury fees ; passed.
A Bill to incorporate the Oglethorpe Medi
cal College; passed.
Mr. Harris’ Bill conferring certain powers
on the Executors of John McMaster was re
ported against by the committee to whem it
was referred; lest. <
After th? reading .a bills a second time. tb«
House adjourned until 3 o’clock.
3 O'clock, P. M.
The House met pursuant to adjournment.—
Two Committees were appointed; one on Priv
ileges, and the other on tie Georgia Academy
for the Blind.
A Resolution of Mr. Jones, of Muscogee, to
refer so many of the documents and resolutions
sent the Executive by other States as referred
to our Federal relations to the committee on
the state of the Republic, and to print them,
was debuted by Messrs. Jones, of Muscogee,
Lawton, of Chatham, Terhune, of Floyd, and
Phillips of Habersham. The latter gentleman
offered as a substitute, to read them, and then •
refer them to the committee, which was carried, i
and the resolutions from Maine, Connecticut, j
Massachusetts and Arkansas were read by the
Clerk. i
Our readers are, for the most part, already j
advised of the action of the three former States
upon the subject of the Kansas and Nebraska, |
and Fugitive Slave Bills, and it is unnecessary!
for us to recapitulate here. Suffice it that the
insult to the State contained in the transmis
sion of these resolutions to the Executive with
the request to lay them before the Legislature,
is felt by every menfcer of that body, and will
be resented at the proper time, and in a be
coming manner. Whatever may have been
the difference of opinion as the manner of ex- (
pressing their coutenpt between gentlemen par-;
tieipating in the debate, there is no doubt but,
that these differences will give way to a unani-1
mous approval of the action of the committee i
to whose discretion the matter was referred. ;
On motion, the House adjourned until Mon- j
day morning 10 o’clock.
A BILL
■ To b: entitled an Aft for Garnishment in certain -
cases, and for other purposes.
Whereas it is provided by the Constitution of j
the United States, that fugitives from service I
or labor escaping from one State into another .
shall be delivered up on claim of the parly to I
whom such slave or slaves may belong. And :
whereas the citizens of the State of Georgia I ;
have been wronged and injured in their proper
ty by a failure on the part of certain States to !
recognize and enforce this provision of the sol-1
emu compact aforesaid, for remedy whereof.
Sec. 1. Be it enacted by the Senate and )
House of Representatives of the State ot Geor- ■
giaiu General Assembly met, and it is hereby en
acted by the authority of the same, That when
any slave or slaves shall have escaped or may
hereafter escape from his or her owner, and flee
to any other State, or be carried to any other
Stale: and if the vwuer of such slave or slaves,
his agent or attorney in fact, thereto authorized
by said owner, shall demand him, her or them
from the Governor ol the State to which the
escape has been made, or to which such slave or
slaves has been curried, such demand to declare
the loss of the slave or slaves, lhe value thereof
and the value ol the hire of lhe same, and said
demand to contain a description ot such slave
or sieves, the age, sex, complexion and name
thereof, which dcmaiid with the facts therein
stated, shall be verified by the oath oi the own
er of such slave, his agent or attorney, before
anv officer autuorizud to administer uu oath,
anil li alter such demand, such slave ur slaves
shaii nut be delivered up on claim aforesaid,
within thirty days lUeivalter, tlien and iu that i
event each and every citizen and body corpo
rate oi said State to whicu such lugiuve may
have escaped or been carried, shall be deemed
held and bound as debtors to lhe said owner ol
such slave or siaves to the lull amount ol the
value of said slave or slaves, and the hire there
of.
tixe. 2. And be it further enacted by the
authority aforesaid, That it shall be lawful for
ihe owner oi such slave or slaves upon lhe hap
pening of inc coulingeueies specified in the
lore-’uiug section to make an affidavit before
anv officer authorized by law to administer oaths;
tiiat Ills slave ur slaves has or have escaped or .
i been carried to another State, that be has made
• demand und claimed them from the Governor ot i
the Statu to slave or slaves has
been curried iu pursuance of the terms of the
I second section oi tuts act, and Wat thirty days
i have elapsed since the service of the demand,
I and that said slave or slaves Lave or have not
i been delivered at ihe time of the making of the
I affidavit, and shall also, in said affidavit state
I the value of lhe slave ur slaves and th-: value of I
i the hire of lir. same; uijd describe them, and io I
I tile such affidavit in the Clerks office ot the au-
I perior Court of any county iu this State : and I
■ when so filed, it shad be the duty of the Clerk j
' of said Court to issue a summons of Garnish-1
meat directed to the Sheriff of said county, to I
■ cite such peison or peraotiz or bodies corporate;
i as uwv be named by tlie affidavit to appear at I
I the next term of the superior Couit to be iield
! iu and for said county, twenty days after tLe I
i said citation by the Sheriff aforesaid, to answer |
what he, she. or it was indebted to any citizen!
of, or body corporate of the State to which
I such slave’or elaves may have escaped, or been
■ carried at the time of such service.
Sec. 3d. And be it further enacted by the
authority aforesaid, 'I hat if such Garnishee
shall fail to appear answer, a judg
ment 'ni si'" shall be rend ; red and entered by
the Court against him, her or it, in favor of the
i affiant for the amount of the value and hire <
• specified in the affidavit, which said judgment;
>! shall be made final at the next term, unless
i i good cause be shown for the failure to answer, i
and a full answer be then filed; and when such I
3 Garnishee shall answer, and in such answer ■
shad admit, that at the time of the service or
since the serv.ee aforesaid he, they, she or it
f | was indebted to any citizen, firm, or body cor
f; porate of each State to which said slave or
i slavee has escaped or been carried as aforesaid,
e|it ba the duty oftae Court toeaU a Jury
I’ i of twelve men to come, who shall upon proof
j assess the value of the slave or slaves so escap-
I ing and the value of the hire thereof, and there
‘ upon the Court shall render a judgment against
> i such Garnishee for tho amount so assessed,
I provided, the same does not exceed the amount
;: admitted in the answer, and execution issue
■ accordingly in favor of the affiant.
Sec. 4th. And be it further enacted by the
( authority aforesaid, That if the answer of the
Garnisnce shall deny indebtedness as aforesaid,
j or shall admit an amount sufficient to pay off
and discharge the value of the slaves so escap.
. ing as aforesaid and the hire thereof as assessed
by the Jury aforesaid, then and in that case,
execution shall issue for such an amount as is
admitted to be due, and the affiant shall insti
i tute like proceedings in any other county
against any other person or persons, and upon
. a return of “Nclla Bona” by the Sheriff on an
execution so qbtained against any Garnishee
as aforesaid when the answer admits any
i amount to be due, said affiant shall have the
i like proc edings against any person in any
other county.
Sec. sth. And be it further enacted by the
authority aforesaid, That a payment by any
Garnishee of a Judgment under this act shall
lie a discharge, to the extent of such payment,
from any liability to such a citizen of such de
faulting State, as such Garnishee shall admit
in his answer was his creditor at the time of
the ervice of Garnishment.
Sec. 6th. And be it further enacted by the
authority aforesaid, That if any Garnishee
shall answer that he gave a note or notes, or
bill or bills of exchange or other commercial
security for the payment of the deb d o from
him to" such citizen of said defaulting State,
and that said securities for money were not due
at the time of the service of suid" Garnishment,
and weqp payable to bearer or order, such
Garnishee shall still lie de med and held the
debtor of the payee, unless he shall further an
swer that he was, be bre the said service noti
fied that the same had been transferred, and to
whom such transfer had been made.
Sec. 7th. And be it further enacted by the
authority aforesaid, That all laws and parts of
laws militating against this act, be and the
same are hereby repealed.
Report of tho Principal Keeper i
Penitentiary of Georgia—for Po- :
litical years 1854 and 1855—End-1
ing Oct. 4tls., 1855.
GEORGIA PENITENTIARY, I
Principal Keeper's Office, Oct. 1,1851 |
To His Excellency,
Herschel V. Johnson,
Governor of Georgia,
Sin;—Herewith I have the honor of submit
ting to you, and through you to the Legislature
the state and condition of this Institution, from
the 2d. day of January, 1854. to the present pe
riod.
The number of prisoners turned over by my
predecessor, on 2d January, 1854, were
males. 149
Os this number, there were pardoned by
the President of tho United States, 2
By act of Legislature, 1 ,
“ tire vfo, 40 i
Discharged, their term cd acnteuco
having expired, 6
Committed suicide.
Died,
Escaped. 3 ,
Old prisoners remaining, 95
Received since 2d of January, 1854, 95
190
Pardoned by the Executive. 6
Died, 3
Escaped, 2 11
leaving iu confinement on Ist of Oct., 55 197
In connection with this portion of my report, |
however, 1 deem it my duty to state, that oi
the 46 pardoned by the Executive, thirty-four
were pardoned, a tew days previous to expira
tion of sentence, with a view of restoring them
to their civil rights, and four of the prisoners
were pardoned on account of ill health.
The whole cash receipts into the treas-
ury, since 2d January, 1854,
amount to $74,097 89
The expenditures, in payment of
old debts in the purchase of ma
terial and current expenses, &c.,
amount to 71,290 09
Leaving a balance in hands of Book
Keeper, $2,807 80
Your cxcellcncey is well aware, that the con
dition of the Penitentiary is such, that it be
comes absolutely necessary for the'legislative bo
dy, in their wisdom, to devise means lor lhe
sule keepiug, accommodation, and working ol
the inmates of this institution there being now
some thirty prisoners over and above the present
number of cells necessary for their accommoda
tion; it is also incurbent to provide for tiie in
crease of crime, which is consequent upuu the
increase of population.
l he present buildings are by no means adap
ted to lhe purposes for which they were intend
ed, added to which, the grounds within the in
closure are entirely,too circumscribed to admit ol
the employment of over 90 to 100 hands, the
wails decayed, and the whole establishment iua
most dilapidated condition.
In view of the foregoing facts, allow me
therefore to make a few suggestions on the sub
ject of legislative action. !• rst, That a law be
passed, and a new location for a prison be de
s guated; the same to be built upon the most ap- ;
proved modern plan, having due regard to pro
per ventillatiou, an element so conducive to
nealtb; the site selected should embrace a suffi
cient area of ground, to exclude the possibility
of a village or town being built iu its vicinity ;
it should tie isolated, and removed at a distance
from any town or city. It might be argued
against this suggestion, lhe inaccessibility to a
! market for the sale ofits manufactured articles;
this argument may be rebutted, by theappoiut
! ment of an agent in any one or more cities for
I the sale of its fabrics .Second, 1 would sug
-1 gist a change in the keepiug of the accounts of
I the institutution; the abolishing of the office of
i Inspector. The Principle Keeper to be the
I purchashing officer; and the Book Keeper to
■ have Jlie control; cf all the accounts of the
i Institution; as heretofore it has often happened
| that individuate have been paid for articles pur-
■ chased, when at the same time they were deb
tors to the institution on the books of the Book
Kee er. but from the fact that the departments
leitig separated, loss has accrued to the State.
I further suggest that the office of tlie Lieuten
ant of the guard be abolished, and tbat the sal
ary of the Assistant Keeper, be put an 81,200
which wolud amount to about the same now
paid, merging the duties of the Commissary de-
I artment.and the duties of the Assistant Keeper
as now performed; there being no duty otherwise
performed as Lieutenant of the Guard. I also.
1 in this connexion, suggest that the salaries of
I the overseers be increased to SBOO each, pr.
annum to secure the services of competent men a
present there are two overseers, who attend to
two departments each. The law, as now, con
templates four overseers at a salary of S4OO
each; the creation of another overseer, whose
, duty it shall be to superintend the wood shop,
’ would b« *n espeow only 8390 per. waa®
in addition to what is now paid, provided the
. office of Inspector be abolished.
I thiuk your Excellency will agree with me,
. and I confide in the intelligence of the Lcgisla
, live body elect, to cenfirm my opinion, in the
, {p*eat necessity of a proper discrimination in
. lavor of females and juvenile offenders; and first
I would suggest .hat therebca separate apnrt
i ment for females, under the care of a matron,
■ with a yard attached, that they may take such
, exercises as is conductive to” health. I am
happy however, to report, that tlier, is not one
female now, nor has there been one received,
since my appointment as Principal Keeper,
Secondly, Discrimination should be made in
favor of tlie boy oi tender years, who, by some
froward, or unforeseen circumstances, has com
mitted error, and made his first false s’ep in as
cending the hill of file; should he be cast
among the most profligate and abandoned?
, The young man, the youth who has just left
I the paternal roof, must he listen to and be ia
j miliarized wi h scenes of murder and ra
pine, too revolting to our common human
ity? The young man, like wux, receives
the impression, wh ch in alter life will
be as it were a teal to his misery; instead of
being reclaimed, and be able to reach the sum
mit oi the hill, Ike proper sphere in Ijc, lie
retrogrades and recedes backwards, and he is
finuaiiy lost to himself and lost to society.
1 am aware liiut it is u difficult mutter io de
vise means for the prevention of crime. The
founders of our system for the punishment 01
crime, certainly Lad in view the reformation ol
the otieuder. J nstice claims his victim on the
one hand, while mercy pleads his deliverance
on the other huud.
Education.—This ia a subject which has so
ol ten Deen pressed upon tiie consideration of the
Legislature, ana so mtie dune lor its promotion,
that 1 cannot but led it my uuty to bring to
Us notice the very urgent uppeal which is sent
irom the coniines ot tue prison ; m lid dkcis
upon tiie moral character of the eilitizeu, teem
ing with so many advantages, us u means fur
lhe prevention oi crime; and iu support ol
what 1 have advanced in advocating a system
of education, 1 would take occasion to reman.,
tnut nearly one third 61 the nuuibei ot prisuaus
now iu*confiuemeut, can neitiwr read nor write.
Education is the surest saleguard against the
commission ol crime, the greatest legacy tnui
our Elate lathers cun bequeath to inc rising
generation.
i Lights.—There is another suggestion that 1
would must respectluliy present lor the consid
eration of your Excellency, and tual of the
General Assembly : The repeal ol the act pro
hibiting lights being used in the ceils of the
couvicis at night. They have but a very small
portion of their lime to devote to reading, und
during lhe long winter evenings, lor them io be
deprived of that privilege acts very injuriously
upon the mind, ai d in many cases it is iruughi
with direful results. 1 deem it u matter oi
much importance; the cause of humanity de
mand thut iigiiis should nut be withheld from
them, that they improve their winds, and ar
rive ut tfle knowledge of the truth.
Discipline.—ln the maintenance of good or-!
der and discipline, and everything that pertains
to tho wellarc of the convict, much depends ud- I'
~on me wuixis ■, Ttnii it gives'tue iiiiiur pimgali! I
to acknowledge the Uniterm disposition evinced
by uil connected with the Institution, to do all
in their power to promote these desirable ends- j
Health.—Our acknowledgements arc due to |
t .e Giver cf every good, for a season of health
unparalleled in the history of this institution.-
There have been four deaths, three of whom
died of consumpti n, and but one of typhoid
fever, owing to the judicious treatment of Dr.
Fort, tlie attending physician ; and to whose
report 1 r fer you for lhe statement of the sani
tary conditiion of the es ablishment.
The Sabbath.—Divine service is performed
each Sabbath by the Rev. George Maeauly,
Chaplain. The return of the sacred day is
hailed with pleasure; and to judge from the
interest manifested, and attention paid during
services, the pieusing hope may be cherished
that beneficial results will be evinced.
Much credit is due to i;ur Chaplain, in estab
lishing a Bible class for their spiritual improve
ment, and iu laying the claims for a supply of
Bibles for the prison before your Excellency;
and may it prove as seed sown in good ground,
and may his ministration of divine truth reach
the hearts and consciences of all.
With pleasure 1 bear testimony also to the
interest manifested towards the convicts by
Professor Woodrow, assisted by several young
gentlemen, iu the formation of Sunday School
classes.
It behooves States alike, as well as individu
als, to acknowledge their dependence upon tiia
Being in whose hands are our fife und health,
und as the mirror rellecis our image, may we !
reflect the image of our Maker, and may Le in
mercy hear tlie cry of the “prisoner and lhe
captive.”
Referring you to the Book-Keeper’s, Physi
cian, and Chaplain’s Report,
Respectfully summittea by
WILLIAM 1 UKK, Pr, Keeper.
Hospital of tue Penitentiary, )
Milledgeville, Ist Nov. 1855. f
To Wm. Turk,
Principal Keeper of the Penitentiary :
Sir :—ln conformity with theLw, 1 otter t‘ e
following report of the state aud condition of
the hospital for the last two years, or since Ist
January, 1854.
Under the humane and uniformly kind treat
ment of the Keepers of this institution, the in
mates have enjoyed as great a share of heath as
could be expected iu any institution oi this kind.
This exempikn from disease has become stead
ily greater till within the lust three mouths,
there has been scarcely a case of disease of any
kind. Still there ore cases of personal infirmity,
aud slight accidental causes requiring medical
aid almost every day.
, But 1 should do wrong tu close this report
without calling tl.e atteir ion of the Legislature
to the very iusufficiet t room, in the hospital, for
the accommodation of the sick, should any con
siderable amount of sickness occur. The crow
ded state of the building is a just cause of four
that lhe invasion of any infectious disease would
prove disastrous in the extreme. Nor have
they entirely escaped the presence of Typhoid ■
Fever aud Dysentery, which have made their I
appearance in several instances. They have. |
however, proven mild, aud have not spread j
amongst the Convicts or Keipers, to any great
extent. At this time, I muy say, there ia no
disease iu the Penitentiary. ’
Very Respectfully, 4c.,
TOMLINSON FORT, Physician.
ABSTRACT OF PRISONERS.
lUceived iuto the Georgia Penitentiary from the
Ist day of January, 1854, to the let any if Oc
tober, 1855.
There were confined on the 2d day of
January, 1854, - - - 149
Pardoned by act of the Legislature, 1
Discharged, their term of sentence having
expired, 6
Pardoned by the President of the United
States, 2
Pardoned by the Executive of Georgia 40
Committed suicide. 1
Died, 1
Ew»p*6. • 3
—55
WM. KAZ PROPRIETOR
NUMBER 15.
• Old Prisoners remaining, 95
Received since 2d January, 1854, 95
’ 190
; Pardoned by the Executive, i;
1 Died, 3
1 Escaped, o
—ll
, Confined in the Penitentiary, Ist Oct. '55 179
I
Os those pardoned by the Executive, IM w< re
, pardoned prev iHis to expiration of llieirsen
tence, with the view of restoring th m to their
’ of ill I'.eiilth a “ d f ° UrwerC P ardw; «l on acc unt
News from Utah.
I hand" fIIPS °* DCWrCt pUl ’ l ’‘ ra bavc , ' OD,e 10
‘ The immigration for the season, to Sent 12
- foots up about three thousand, with their ut
‘.‘ Olses ' "“gons, o.v<n, cows, nnd mules.
■ Ue clip the following items from the la t
> Deseret News, the official organ of the Gov
-1 ernment:
1 On Thursday last a few thousand million of
grasshoppers descended in tbesetth ments in the
• north ot L tali county, destroying every green
> | thing iu their way; the last pri spiel lor bread
nt that region is therefore suddenly snunned
■ | asunder. 11
1 Bishop Evans on Sunday infonmd us that
I hey were continuing their ravages wlan he
I I lef t Lehi the evening previous. r
In On zra ’I 1 * Bendon informs us flat
• the county of Tooele is also v i.-ited by a simi
lar plague, cutting off the last lay oil, j v )br
, the farmers, as about forty grusshi>i>peis.u v re
, at work on every stalk of corn; tinv destroy
I tne silk first, which prevents the eur from filling
, and entirely destroys the crop, even if iLn re
main on a patch but a short time.
Un the evening of the 31st uft, his Excel
lency Gov.*) ouug gave a complimentary din
tier to our delegate, the Hon. John M. Bern
nisei, at which Presidents Kimball ai ,1 Grant,
Elders Parity P. and Orson Pratt, George A.
.Smith, EzruT. Benson, and Bishops Edwuid
Hunter and Lorenzo D. Young were pre-ent
with their ladies. After being shov.ii tbrou-h
the Governor’s splendidly finished and elegantly
furnished mansion, from the lofty cupola of
which the guestshad a fine view of the city,
valley, and lake, beyond whose western range
a darkly rising storm cloud was vividly stream
ing with lightning flushes, und brilliantly illu
minated with the bright rays of the declining
sun, the party repaired to the ifirarv, utrel were
entertained with music on the piano, by Miss
Charlotte Cobb. At 7P. M., the company
were seated ut the dining table, which wus
loaded with a varied abundance of substantiate
and luxuries, crowned with a rich dessert of
luscious grapes and peaches from bls Excellen
cy’s gardens.
Ihe evening was passed in social conversa
tion, in which the Hon. John M. Bernhisi l af
forded much entertainment and instruction by
short details of men and matters ut. W’usbiiw
ton.
1 , By Brother D. B. Huiitlngton we learn that
I i be-bu-tow-ats, (meaning the white man's son,
Lso named by being made a chief by the United
; f ■■■ ■
of the Northern Snakes, had come into this
I city for tho purpose of making a treaty with
, the Utabs. They were met on Sunday, Scot.
2, by T-shar-poo-e-eut, (White Eye) An-ta-ro,
chiefs of the Yampa Utes; Tiutick, the heredi
tary chief of the Timp-ne-qnint hand; Sow-i
--ett’s son represented his father and band; Tab
by, u chief of Ar-ra-pecn’s band, und Pc-teet
chief oi the Spanish Fork-Band, accompanied
by subordinate chiefs and braves on each side.
The Utes met at the Governor’s office, ful
ly armed with bows, arrows and. guns, ut 10
A. M.
The Snakes formed a line opposite the Tab
ernacle, unarmed.
A messenger went from the Utes to tell the
Snakes to stop where they were. They tarried
awhile und then moved cast, opposite theDese
ret Store, led by D. B. Huntington, Utah
and Sho-sho-nee interpreter, where they en
countered the Utes, who hud formed u fine, und
completely armed, in vi lation of the usual In
dian customs on making pcuce.
Huntington went over und told the Utes to
put away their arms, when they dismounted,
and placed their guns against the wail, except
Squash and To-niu, und Battiestc retained his
war spear. When the Utes liml luid down their
guns, many of them commenced concealing their
bows ami arrows under blankets, which Ka-tat-o
saw, when he lifted up the piped peace toward
Heaven as high as he couiil raise liis arm, nod
shouted in a loud voice, "This is the weapon
1 come to tight with.” At this lime Balicstu,
tiie coward, commenced daucuig the war dance
und singing the war song in trout oi hte men,
and thrusting his sjxjar to the earth, lluut
mg ton told the Utes to come und meet the
Snakes iu peace, when old Pe-teet neet stal led,
followed by the other chiefs and Leaves. Un
approaching the Snakes, Pe-tcet-ucet ottered Ti
be-bu-tow-uts his huud, who refused to take
it. He then raised his own hand toward the
Heavens, whereupon Pc-teet-neetdid the same;
they then solemnly lowered their hands low to
ward the earth, then raising U]>, looked each
other in the eye, eugeriy grasped each other by
the hand, und then embraced each other iu
their arms. The several chiefs then went
through the same solemn ceremonies.
The Snakes maintained their position in the
line, when the Utes passed along tlie fine, 111 as
uring arms, si aking hands, and embracing ui“h
other. When this portion of the ceremony
wus done it was agreed that thuj should ad
journ to the encampment of the Snakes on
Union square. They went promiscuously, and
the Utes encamped in D. B. Huntington's door
yard.
The Snakes und tho Utes then formed two
parallel lines, about two rods apart, and sat
down on the grass. Ka-tat-o and Ti-be-bu-two
ats then filled two large pipes with taminump
and tobacco, commenced on the right of the
line of the Utes, presenting lhe pipe to lhe first
man, not allowing him to touch the pipe with
his hands; who having smoked until satislied,
the pipe was presented to the next, and thus
passed through the entire company, if any
one was unaccustomed to smoking he vus ex
cused, by putting bis right hand on the right
shoulder of lhe .Snake mul drawing it slowly
down his arm and along the pipe.
After the Snakes had passed the pipe to all
the Utes, Po-tect-ncct und Tin-tiak presented
the pipe to the Snakes in like mahuer. They <
spent the remainder of the day in eating and
refreshing.
——— » —•
Whalebone.—The Boston Post assures its
readers that the aisles of all the public build
ings, and the sidewalks of the highways, are to
be widened to admit the passage of ladi's with
their new fashioned skirts. Several gentlemen
have moved out of the city to allow their wives
and daughters room to turn aronnd.
Effects of Imagination.—A man who had
been sentenced to death at Vienna was offered
a full pardon, if he would consent to pass the
night in the bed of a person who had died of
cholera. In about four hours he was seized
with vomiting, violent cramps, and all the symp
tom* of cholera. Ultimately, by medical as
sistance his life was saved. His astonishment
was unbounded when be was informed tbat
Qw bed wae pwfeetly pure.