Tuesday, December 28, 2010

Georgia Legislature 1836- Appointment of Samuel Jones- Gilmer County Road Commissioner

As mentioned in a previous posting, a biography of sorts was created by some family historian sometime in the mid to late 1900s.  Probably written by the unidentified shirt-tail relative that did much of the research that has survived on the internet.  A brief excerpt from that biography mentions the appointment of Samuel Jones to a Road Commission to build a connecting road to the Federal Highway to enable other North Georgia Counties to access the Federal North-South route from Atlanta to Tennessee. 

The paragraph reads:
“The legislation authorized  the construction of a road from Dahlonega, by way of Elijay, to the Federal Road in Murray County near the Summer house.  The act provided for three commissioners to lay the road out and complete its construction.  Samuel Jones, Isaiah Clayton, both of Gilmer County and Richard Bearden of Lumpkin served on the Commission to build it.” 

Recent access to the Georgia Archives online database has provided a copy of the very act of the legislature making the authorization for the road building.  This was in 1836 some two years before Samuel was elected to the State Legislature for the Gilmer County area in 1838 and 1839.  A downloaded copy of the act from the Archives follows.  His name is mentioned in section 2.

http://neptune3.galib.uga.edu/ssp/cgi-bin/legis-idx.pl?sessionid=7f000001&type=law&byte=16342387&lawcnt=143&filt=doc


Georgia Legislative Documents
Content of Act/Resolution

Act/Resolution 143 of 175

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1836.

ACTS of the General Assembly of the STATE OF GEORGIA, PASSED IN NOVEMBER AND DECEMBER, 1836.

ROADS.

1836 Vol. 1 -- Page: 243
Sequential Number: 143

Type: AN ACT,

Full Title: To appropriate a sum of money, and to lay out and put in good order, a road from Dahlonega, in Lumpkin county, by way of Elijay, in Gilmer county, and on from thence to the Federal Road in Murray county, where the Commissioners may deem most expedient, and to appoint Commissioners to carry the same into effect.

Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the sum of ten thousand dollars, be appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of laying out and putting in good order, a road from Dahlonega in Lumpkin county, by way of Elijay, in Gilmer county, and on from thence to the Federal Road in Murray county, where the commissioners may deem expedient: Provided, the same is between Sumach creek and Coosawattee river.

Sec. 2d. And be it further enacted, That Michael Smith, and Richard Bearden, of the county of Lumpkin, and Samuel Jones and Joseph Clayton, of the county of Gilmer, and James McGee, of the county of Murray, be, and they are appointed Commissioners for said road, and they are hereby vested with full power and authority to contract for, and superintend the laying out and putting in good order, said road; and before they enter on the discharge of said duty, they and each of them shall severally enter into a bond with good and sufficient security, payable to the Governor for the time being, and his successors in office, in the sum of four thousand dollars each, for their, and each of their faithful performance, and discharge of their duty in contracting for said work, and for their, and each of their superintendence as aforesaid, in the application of the sum appropriated, or of such parts of the same as may severally come into their, or each of their possession, which said several bonds shall be taken and approved by the Justices of the Inferior Court, or majority of them, in the county in which the said Commissioners severally reside, to be by them transmitted to the Governor as aforesaid, and field in the Executive office: Provided, that no one Commissioner shall draw more than a proportionable part of the appropriation aforesaid, to the number of Commissioners aforesaid.

Sec. 3d. And be it further enacted, That upon the receipt of such bonds in conformity to the above and foregoing sections it shall be the duty of the Governor, to issue his warrants in favor of the Commissioners aforesaid, for the aforesaid sum of ten thousand dollars.

Sec. 4th. And be it further enacted, That if any of the aforesaid Commissioners shall refuse to serve, or execute such bond as provided for in this act, that the Justices of the Inferior Court, or a majority of them, in the county where such refusing Commissioner may reside, shall fill such vacancy by appointment, who shall give their bond and security as aforesaid.

Sec. 5th. And be it further enacted, That each Commissioner appointed and superintending as aforesaid, shall be entitled to compensation, at the rate of two dollars per day, for each and every day he shall be engaged in laying out and superintending the work in completion of the same: Provided, that no Commissioner shall receive pay for more than fifty days.

Sec. 6th. And be it further enacted, That it shall be the duty of said Commissioners or a majority of them, to report from time to time, to his Excellency the Governor, the state, condition, and progress of said work, and that said Road shall be completed within eighteen months from the passage of this act.

JOSEPH DAY,
Speaker of the House of Representatives,

ROBERT M. ECHOLS,
President of the Senate,

WILLIAM SCHLEY, Governor.
Approval Date: Assented to, Dec. 24, 1836.

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