« ForrigeFortsett »
proper department in Milledgeville, having, as we learn upon reliable authority, absconded soon after the sale.
This committee offer no opinion as to the sufficiency of the evidence afforded by the entries in the fraction sales receipt book that Everett did become the purchaser of these lots at the sale made by the Sheriff of Macon county, nor do we feel called upon to 'say what amount of money, if any, should be refunded to Everett's estate on account of the payments made by him as noted on the receipt book of fraction sales. Our attention is only called to the question of the right to the grants of said two lots of land.
The Legislature has at various sessions made provision for the relief and protection of purchasers of the undrawn lots of the State, and at its session in 1847 an act was passed providing, among other things, that in all cases where purchasers of fractions should not take out grants for the same by the first day of November, 1848, the same should revert to the State.
Neither Everett in his life time, nor his executor since his death, have availed themselves of the benefit of either this act or an act assented to 21st of December, 1843, declaring that all lots of land not granted by the first of October, 1844, should be forfeited to the State, but said two lots, Nos. 263 and 264, remained ungranted up to the day of sale in February last, when the memorialist became the purchaser; and therefore the rights to the grauts had lapsed to the State, even if sufficient proof was adduced of the purchase aud the payment of the purchase money by Everett.
Your Committee are therefore of opinion that George W. Towns, as the purchaser at the sale in February last, without any notice of a prior sale of, or supposed claim to, said lots, is entitled to grants for the said two lots of land Nos. 263 and 264, in the first district of originally Muscogee now Macon county, under the terms and conditions of said sale; and they recommend the adoption of the following resolution, to wit:
Resolved, That it is the sense of the present General As-, sembly of Georgia that George W. Towns is entitled to grants for fractional lot No. 267 and lots of land Nos. 263and 264 in the first district of originally Muscogee now Macon county, under the terms and conditions of the sale at which he became the purchaser of the same, under an executive order pursuant to an act of the last General Assembly of this State.
Assented to, December 19, 1850.
Resolution to authorize the Governor to send books upon application, &c.
Resolved, That upon the application of the Justices of the
Inferior Court of any county in this State, his Excellency the Governor be and he is hereby authorized to have forwarded such books as he in his judgment may deem necessary for the proper administration of justice in the same. Assented to, February 23, 1950.
Resolution of thanks to certain officers, reported by the Committee on the Military.
WHEREAS, in the late war with Mexico, several of the officers from the State of Georgia, and natives of the same, were distinguished in the campaigns for their general services and high bearing in their respective positions in the Ariny of the United States, and particularly so for gallant and meritorious services in battle:
Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the thanks of the people of Georgia are due, and are hereby tendered through their Representatives, to the following named officers:
1st. To Brevet Major Philip R. Thompson, First U. S. Dragoons, for his gallant and meritorious conduct in the battle of Sacramento, Feb. 28th, 1847.
2d. To Brevet Major Henry C. Wayne, First Artillery, and Assistant Quarter-Master, U. S. Army, for his gallant and meritorious conduct in the battles of Contreras and Cherubusco, August 20, 1847.
3d. To Brevet Major George Taylor, third Artillery U. S. Army, for his gallant and meritorious services in the battle of Huamantla, October 9th, 1847.
4th. To Surgeon John M. Cuyler, U. S. Army, for his gallant bearing in the performance of his duty under fire with his regiment in the battles of Vera Cruz, Cerro Gordo, Contreras, Chapultepec and City of Mexico.
Resolved further by the authority of the same, That the thanks of the General Assembly of Georgia be tendered to Brevet Captain Henry Coppee, 1st Artillery U. S. Army, for his gallant and meritorious services in the battles of Contreras and Cherubusco. Also to Lieut. Thomas R. McConnell, 4th Infantry U. S. Army, for gallant and meritorious conduct in the battle of Molino del Rey. Also to Brevet 1st Lieut. B. F. McDonald, 3d Artillery U. S. Army, for gallant and meritorious services in the battle of Huamantla.Also to Lieut. Robert C. Forsyth, late of the Regiment of Voltiguers, for gallaut and meritorious services in the battle of Chapultepec. Also to 1st Lieut. G. T. Anderson, and 2d Lieut. E. S. Thomas, commanding the Newton County Horse, for services against the Guerillas from Vera Cruz to
Jalapa, and at the fight at Huamantla. Also to Lieut. Wm. Moutgomery Gardner, 2d Regiment U. S. Infantry, for services against the Mexicans at San Geronimo, Contreras and Cherubusco. Also to Lieut David R. Jones, 2d Regiment U. S. Infantry, for services at the battles of Cerro Gordo, Contreras and other engagements in the late war with Mexico. Also to Capt. Wm. T. Wofford, of Georgia Mounted Battalion of Volunteers, for services rendered in a battle with a very superior number of Guerillas at Matesordera.
Resolved further, That the thanks of the General Assembly of Georgia be given to Passed Midshipman Richard M. Cuyler, of the U. S. Navy, a native and resident of this State, for the zeal, courage and activity which he displayed in the naval battery at the seige, bombardment and capture of Vera Cruz, in Mexico, on the 25th day of March, 1847. Resolved, That the thanks of the General Assembly of Georgia are given to Passed Midshipman Edward F. Tattnall, of the U. S. Navy, a native of this State, for his gallant conduct and services at the attack on the batteries and capture of Tupsan, and also in the bombardment of the Castle of Vera Cruz.
Resolved further, That his Excellency the Governor cause to be transmitted to the officers named in the foregoing resolutions such parts of the same as relate to each of them. Assented to, February 21, 1850.
Resolution in relation to the insolvent debts of the Penitentiary.
WHEREAS there appears upon investigation of the books and accounts of the Principal Keeper of the Penitentiary, to be a large amount of old and insolvent debts belonging to the institution, running on for many years and kept as the assets of the institution, thereby giving the assets at a much larger amount than there really is, exhibiting the finances of the institution as much larger than is true:
Resolved therefore by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the amount of $13,464 50, the amount of insolvent debts belonging to the Penitentiary, as ascertained by the Committee on that institution at the present session, be allowed said Principal Keeper as a credit, and so enterted on the books kept by the Principal Book Keeper as an insolvent list, and that the evidences of said insolvent debts be filed away, subject to the order of the person controlling the institution, and to be safely kept.
Assented to, February 23, 1850.
Resolution authorizing the Chief Engineer to receive books, papers, &c.
Resolved by the Senote and House of Representatives of the State of Georga in General Assembly convened, That the Chief Engineer of the Western and Atlautic Railroad be authorized and empowered to receive from his Excellency the Governor the books, vouchers and all other papers and effects belonging to, connected with or in any wise appertaining to said Railroad, which were deposited in the Executive Department under a joint resolution of the General Assembly, approved December 28th, 1842.
Assented to, December 4, 1849.
Resolutions relative to the death of Gen. D. L. Clinch.
We have heard with pain and regret of the death of Gen. Duncan L. Clinch, distinguished for many years as an officer of the army. He rendered valuable services on every field of duty to which he was assigned. Honor, gallantry, and a faithful discharge of every trust, were his shining virtues-virtues which go far to redeem the infirmities incident to human nature, and gild his character with an imperishable halo. When such a man dies, the country mourns. In honor of his memory,
Be it therefore resolved by the General Assembly, That while in life Gen. Clinch commanded our esteem, in death we mingle our sympathies with his family, friends and fellowcitizens.
Be it further resolved, That his Excellency the Governor be requested to furnish his family with a copy of this preamble and resolutions.
Assented to, December 5, 1849.
Resolution to authorize Chief Engineer of the Western and A lantic Railroad to purchase a negro.
WHEREAS Ransom, a negro man hired on the Western and Atlantic Railroad, did, in the year 1845, by his own most strenuous efforts, and unaided for much of the time, save the Chattahoochee bridge from conflagration when on fire, and thus preserved a property which cost the State seventy-five thousand dollars; and whereas such instances of fidelity and valuable service should be properly noticed and rewarded; and whereas the purchase of said negro man for the use of said road would afford him a per
manent home and is greatly desired by him, and would be a proper reward:
Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Chief Engineer of the Western and Atlantic Railroad be authorized to purchase the negro man Ransom for the use of said road: Provided, it can be done upon reasonable
Assented to, December 5, 1849.
Resolutions in relation to the Committees on the State of the Republic.
Resolved by the Senate and House of Representatives, That the Committees on the State of the Republic, appointed by those bodies respectively, be and they are hereby instructed to act jointly on questions and measures referred from either branch of the General Assembly relating to the action of the Federal Government or the Government of any confederate State upon the subject of slavery.
Resolved, That all bills, resolutions, memorials, and other papers upon the subject aforesaid, introduced into either House, or received from any sister State, be referred to said Joint Committee, and that they have leave to report by bill or otherwise.
Assented to, December 5, 1849.
Resolution to authorize the Legislature to take a recess, &c. WHEREAS there is an immense accumulation of business before the present Legislature; and whereas the closing of the present session thereof at the usual time would necessarily bring about hasty and inconsiderate legislation, which would be wrong in itself and unjust to the people; and whereas the interesting position of the South in regard to the slavery question, rendered more so by the recent exciting scenes at Washington, makes it highly expedient that the Legislature of this State should be in session at and for some time after the reception by Con-· 'gress of the President's Message:
Be it therefore resolved, That the Senate and House of Representatives of the State of Georgia in General Assembly now met, do take a recess from and after the twentieth in stant, and meet again on the second Monday in January next Provided, no member shall be permitted to draw any per diem allowance during said recess.
Assented to, December 20, 1849.