State Documents on Federal Relations/4

by Herman V. Ames

4. Act Declaratory of the Retained Sovereignty of the State.

Extracts from the Journal of the House of Representatives, Tuesday, November 19, 1793.

The Augusta Chronicle and Gazette of the State, Saturday, November 23, and December 7, 1793.

The House proceeded to resolve itself into a committee of the whole, to take under consideration a bill to be entitled an act declaratory of certain parts of the retained sovereignty of the State of Georgia—Mr. Speaker left the chair. Mr. McNeil took the chair of the committee—and some time being spent therein, Mr. Speaker resumed the chair, and Mr. McNeil from the committee of the whole reported that the committee had taken the said bill under consideration, had gone through the same, and had made several amendments thereto, which he reported.

And the bill as reported amended, being read, a motion was made by Mr. Waldburger to strike out the following section therein:

And be it further enacted, That any Federal Marshal, or any other person or persons levying, or attempting to levy, on the territory of this State, or any part thereof, or on the Treasury, or any other property belonging to the said State, or on the property of the Governor or Attorney General, or any of the people thereof, under or by virtue of any execution or other compulsory process issuing out of or by authority of the Supreme Court of the United States, or any other Court having jurisdiction under their authority, or which may at any period hereafter under the constitution of the said United States, as it now stands, be constituted, for, or in behalf of the before mentioned Alexander Chrisholm, Executor of Robert Farquhar, or for, or in behalf of, any other person or persons whatsoever, for the payment or recovery of any debt, or pretended debt, or claim, against the said State of Georgia, shall be, and he or they attempting to levy as aforesaid are hereby declared to be guilty of felony, and shall suffer death, without the benefit of clergy, by being hanged.

And on the question for striking out as aforesaid, the yeas and nays being required, are as follows:

Yeas. Messrs. Barnett, Burnett, Carnes, Fort, R. Jones, J. Jones of Chatham, Waldburger, and Winn—8.

Nays. Messrs. Barrow, Early, Greer, Howell, Hardin, Harris, J. Jones of Burke, G. Jones, Jack, Kemp, Lanier, M'Neil, Rutherford, Simms, Stuart, Walker, Watkins, Worsham, and Wilkinson—19. So the motion was lost.

Ordered, That the bill be engrossed for a third reading.

Extracts from the Journal of the House of Representatives, Thursday, November 21, 1793:

*  *  *  A bill to be entitled an act declaratory of certain parts of the retained sovereignty of the State of Georgia was read the third time.

And on motion made—Resolved, That the bill be inserted at full length on the journals of this House.

Resolved, That the bill do pass under the title of "An act declaratory of certain parts of the retained sovereignty of the State of Georgia."

Ordered, That the clerk do carry the same to the Senate and desire their concurrence.