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[CONCLUDED FROM FOUSTS FAOE.[
and thereupon the officers of eacVfttnte
duly elected and qualified under the Con
stitution thereof,shall be inaugurated with
out delay; but no person prohibited from
Iir ■'. :r. <: under tlic United States, or
under any State by section 3 of thepropos-.
ed amendment to the .Constitution of tbe
United States, known as ArticleXIV,shall
be deemed eligible to any officdin'eUherbf
States, unless relieved from disability as
provided in said amendment; and it is
hereby made the duty of tbe President
within ten days after receiving official In
formation of tbe ratification of Mid amend
ment by the Legislature of cither of eaid
State*, to issue a proclamation announcing
the tact, which became a law June 25Ui.
1968, the members of the Legislature so
elected
Governor Fleet convened in Atlanta on the
4tb day ofJuljb 1868. f j Jilt
Tlie action’ of Congress idThlTWalter is
fully quoted, because of its importance, as
the foundation upon whicli theeubequent
action rests.
If our legislative organization had been
perfected a* required by the laws, there
would have been nopower resting in Con
gress to interfere which would not apply
equally to the adhering States-New York
or Sfa-aachusetts—but when it was ascer
tained that we had not complied with the
law*, and bad not organized the Legisla-
VOLUME 3X1
ATLANTA, GEORGIA, TUESDAY, FEBRUARY 8,1810.
mm
ary action of the legislative organization,
which had assumed to elect these Senators,
and after having bad the case before tbe
committee for deliberation for many weeks,
by the proclamation of tfae^'made an elaborate report to the Senate eons voting on tbe question of ratification
S nst tbe admission of Mr. Hill, in which
committee say: “.Tour committee are
pinion that tbe act of June. 25,1803.
which required that the Constitutional
Amendment should be duly ratified, must-
be held to mean that it moat be ratified by 1
a Legislature which has in good, faith sub
stantially complied with the requirements
of law providing for its organization.”
Referring to the fact that ordinarily the
election and qualification of members of
the State Legislature is qot a subject to be
Inquired into by the Senate, the committee
in iheir report, marked very distinctly the
tore hy excluding men who weredisquali- difference between a State which, has un
ited by the law, Congress could in nowise ’ interruptedly maintained its proper reia-
br bound by the action of such'*.body, and {tions to the Union -and one like ours, in
the right, we may aay the duty, of Congress
to adopt Mich measures a* seemed to them
p-o[<er to enforce their own laws, was not
onlv indisputably but freely admitted. An
will he feunaequeutly shown, Congress and
the Presflant concur in requiring us to
com me ncr agai n tbe work of reconstruc
tion at the precise point where a failure in
the exerntton of those laws becomes ap
parent, viz: ,Tnz Focxth DaT or Jetty.
1869. ‘ . ^ . 2 : rjji
That both Houses of Congfes* moved In
harmiiiiv upon this suljcct is established
by the adept ion of tlie following preamble
and re.-o.ution in the llousc of Keprescn-
tativesof l,Vi«1gre*s after thd report of the
Judiciary Committee was made in the Sen
ate: .
Whereas It is reported that the Legisla
ture of Ui orgia lias expelled the colored
iiieinie-rs ihereof. and admitted to their
seats white men who received minorities
oi vote* at tlie poll*, and that members of
said Legislature wlio bad been elected
thereto, by the vole* of the colored, men
joined in such action, and that twentyr
seven disqualified white men hold Scats in
said Ix-ghdaturc, in violation of the 14rh
Aniendmcnt to the Constitution and of the
which a government is being organized
under and by virtue of the authority of the
United .States. The committee say: “The
election and qualification of members of
the Legislature, where tbe existence of any
Legislature authorized to act as such is not
involved, can not be inquired into by tbe
Senate in determining the right of * Sena
tor to his seat, your committee hold that
the question involved, in thi* case, is not
Whether persons not entitled .to seats in tbe
Legislature were received by that body and
allowed to vote upon tbe election of Sen
ator, hut whether the body assuming to be
the Legislature violated the conditions
upon which it was allowed to organize, by
permitting disloyal persons to-participate
in its proceedings.”
In repelling the proposition that the ac
tion of the Legislature touching tbe eligi
bility of its members, under the law and
the 14th Amendment, together, with , the
subsequent action in the premises by the
district commander, finally disposed of the
whole question and debarred Congress
from taking any action..the committee say:
- Whereupon the two Hpnses went through
the form of an investigation. But ffom
the evidence before your committee, the
Reconstruction Acta of Congress: and invesiigation'does not appear to havebecn
- • contacted in good faith, or with any inten
tion either of: finding the facts_ or of ex
cluding persons known to he disqualified,.
A committee was appoint* <T.ln each House.
In the Senate, a majority of the committee
foufid all the members qttaiHled, but there
was q minority report which gave an ab
stract of the evidence, and found four Sen
ators disqualified. Tbe evidence consisted
of tlie admissions of (he Senators them
selves. which, if true,, they should have,
been excluded. Yet the Senate passed a
resolution, under the operation of the pre
vious question, admitting them all.” —
Senators from Georgia have not been ad
mitted to the Senate of the United States,
Resolved, That the Coinmitteeon Recan-
iit ruction tie ordered to inquire and report
whether any. and if any. wliat farther ac
tion ought to be taken during the Fortieth
Ouigre*-* respecting the representation ol
Georgia in tills House.
f Adopted January 28—yeas, 127; nays,
33-3
While tlii* action was being taken by
('•ingress, indicating plainly the desire,tlie
judgment and tlie purpose of the Govern
ment, this illegal legislative organization
of ours, on the 13lh January, 1369, re-ns-
aemhled. and after being In session until
the I81I1 day of March following, refused
to heed tlie recommendations then repeated
to perfect its organization in accordance
with tlie laws of Congress,-by tlie exclu
sion tint disqualified persons pad the
restoration of members expelled on account
of their color.
All that lias since been done could then
have been avoided. We all knew what Was
required of us, and should have promptly
complied.
Valuable lives would have been saved.
The peace, good order and good name of
our (Rate would h ive been maintained,nnd
nor material prosperity greatly enhanced,
by follow ing the dictates of wisdom fetid
ceasing useless and fruitless opposition to
the inevitable. But unfortunately other
counsels were heeded and the policy of
reaction and resLtauco prevailed at that
time.
Congress assembled again on the first
Monday in December, I860, and in accord
ance with tlie recommendation of tbe
Tnutdent proceeded promptly to prepare
and adopt an act to promote the recon
struction of Georgia, and thns overcome
tlie obstacle* which had been placed in the
way of restoration by tlie men who had
embraced every previous opportunity to
defeat that wise and just policy which Is
Involved in the Congressional enactments
fortlie establishment of civil governments
tn this ami oilier Southern acceding States.
The suit under which you are now assem
bled and organized was adopted in.the
United Stales Scnateon the 17ln of Decem-
lier. 1869.
House on
vote of 121 to 51. and became law by the
approval of tlie President on the following
day. thus displaying the united determina
tion of Congress and tlie President that the
tnacliinaiions of defeated rebels should not
prevail by eivil proceedings after their
armed opposition bad been so signally de
feated. • .
In accordance with the letter and tbe
spirit of the action of Congress, the Presi-
dent,onlhc 24ili of December, 1S69..as
signed -an officer of the army, not below
tlie rank of Brigadier General’’—Brevet
M.-dor General Alfred U. Terry—to tlie
command of Georgia, as a Military DU
* r On the same date the Governor elect was
appointed Provisional Governor by the
Commander of tlie District, under General
Order No. 91, dated J tine 28,1868.
Tht* act ot Congress authorizing the as
sembling of the Legislature, U will be ob
served. required that •• no person prohlb-'
ited from holding office under the United
States, or nnder any State, by section 3 of
the proposed amendment to the Constitu
tion of the United States, known as Arti
cle XIV, shall lie deemed eligible to any
office In either of said States, unless re
lieved from disability as provided in said
amendment
be enjoyed by all sucb persons as have the
qualification-! herein stated for .electors .of
delegates; and when such : Constitution
shall be ratified by a majority of the per
nor the purpose of this report, how-
evef. your committee did not deem it nec
essary to ascertain the number of disqual
ified jK-r.ons admitted. Bat the fact that
any: were knowingly admitted was., not
only a violation of the XIVth Amendment, >
and a failure to comply with the require-*'
meats of Congress, but manifests a dispo
sition to disobey and defy the authority of
the iUnited States. If dne could be admit
ted why not all V ' And will it be contend
ed that if the entire .body had been com
posed of men who hail,usurped the fupe-
tioris of the Legislature; against.,the ex
press provisions of the reconstruction Acts,
they could have complied with the provis
ions of those acts so as to create any obll-
•ratldn oii r the part turf Congress to receive
their Senators and Representatives?”
1 have thus recapitulated the facts cov
ering our political .history from the time
of the adoption of the act of March 2d,
1S67, which declares “ that until the people
of said Rebel States shall, by law, be ad
mitted to representation to the Congress ol
the United States, the civil governments
that nitty OXIst therein' shall be- deemed
provisional only, and shall be in all respects
subject to tlie paramount authority of the
United States, any time to abolish, modify,
control and supersede the same,” &«.. up
to the.present hour,nnd it will not, 1 think,
be seriously argued that the right, reserved
by Congress iu that act has ever been with
drawn by the action or Congress dr ex
pired by reason of any legal act of our
OWi'" ’ - 1 !•!...
, who are qualified as electors for delegates;
and when such Constitution shall-have
been submitted to Congress for examina
tion and approval, and Congress shall have
approved the same, and when said State,
by a vine of its Legislature elected under
said Constitution shall have adopted Tbe
amendment to the Constitution of the
United States proposed by the Thirty-ninth
Congress, and known as article fonrteenth;
and when said article shall become a part
of the Constitution of the United States,
said State shall be declared entitled to rep-,
rcsentation in Congress, and Senators and
Representatives shall be admitted there
from on their taking the oath prescribed
by law; and then and thereafter the pre
ceding sections of this act shall be inoper
ative in said State:' Provided that no per
son excluded from the privilege of holding
office by said proposed amendments to the
ConstitJtion of the United States shall be
eligible to election.&s a member of.tlie Con
vention to frame a Constitution for any of
said rebel States, nor shall any such person
vote foe members bfsuch Contention?’
It will be obserevd that, after prescribing
the terms of restoration, it provides
that, when they shall have been com
plied with by any, one of . the States
to which the' act applies, said
State shall be declared to be entitled to rep
resentation in Congress; aiid Senators and
Representatives shall be admitted there
from on their taking the oath prescribed
by law; and then and thereafter the pre
ceding.sections shall be inoperativeih£?id
State. I respectfully submit that, by 'tins
language, tbe actual admission of Senafors
and Representatives is made a condition
precedent to tbe abrogation of.military au
thority ; that, the action of the two Houses,
ot Congress in admitting members was pro
vided for as the final recognition of the re
storation of the States;- and that, until tlie
recognition by tbe law-making power,un
less subsequent acts have 'changed, modi-:
tied or repealed this act,in this respect, the:
powers conferred on District Commanders
may be exercised.
Tbe supplementary acts of Match 23, and
July 19.1867. to my apprehension, havq no
bearing, wbateverlupon this question ; they.
In ho degree, modify or change the act OS
March 2d, in respect to the time' whOn. or
the conditions upon which the first four
sections of that act become inoperative:
The act of June 25,1858, only remaining
act which relates to the government, and
restoration of .the rebel Stated seems to
have been pasted mainly in pursuancd."of
those portions oi the fifth section or the Set
oFMarch 2,18G7, which provide for the sub
mission to, and approval by Congress of the
constitutions framed for the.seyerai.States,
and for a declaration by Congress tbat-the.
ihe.investigation was Conducted: 1 a copy of
Xbc:proceedings of- the Legislature on the
16:b, lZth and 18th -days of July. 1968. as
reported in the Atlanta Daily Era, and for
warded to tbe State Department, is attach
ed to this report. (See,Exhibits A, B and
V.) ItJs alleged fliafan impartial investi
gation would Tiav‘e'sliown from thirty to
forty members of the Legislature disquali
fied under the I4IW Amendment, and 'al
though your cominittee'have' not-been able
to folly Investigate this matter, but from
the evidence before them, they iittip-doubt
that the,number was large, : asnthe exhibit
hereto, attached will tend to. establish.’.’
It may.be contended that this action of
the;twq branches ofthe Legislattrrelsflhal
and conclusive; but I respectfully submit
that by the terihs Of the act of- March-2. the
State government at the time: -was provis
ional onty; thn l4<h Amendmetit had. not
been ratified, the conditions precedent, to
restoration had not been performed, the.
State and its officers .were still “ subject to
tbe paramour) taulhdrity of Congress,” and
to the authority which had been conferred'
by law’ori'the military •commander of the
District; of which Georgia formed a part,
therefore, tt was within the power of that
commander to determine the eligibility of.
members; and consequently the. clause of
tbC constitution of the State which gives
conclusive jurisdiction of this question to
the two.braiiclies of the Legislature, can
not be considered as having taken effect.
And I'aiso submit that tile action of the
Legislature admitting to membership tlie
_ _ _ But the argument made by General Ter-
i, by a vote of 46 to 9, and in the .ry lb Ms report is socogent and conclusive
i the 2l*t of the samd month bj- a that I repeat it here. 1 quote from Major,
... ... —> i — ■— i—•*-- General Terry’s report, dated ” Atlanta,
Ga., August 14th, 1869 * f,
While I.have'been in command 61 the
Department,"! have endeavored to take no
action which Could not be justified by the
letter of the law, even ir Georgia should be
held tube restored to its original relations
to the general, government. I have con
fined, myself to giving support to the civil
authorities, and moving detachments,-of
troops into some of tlie disturbed counties
where their presence would exert a good
-influence; and where they would bereiidy
to act if properly called Upon. I think that
some good lists,- in this way, been accom
plished, but the groat evil lias by no means
been reached. As a Department. Com
mander. 1 cap do..no more; for whatever
■pay'be the status of Georgia, and what-
cvertnay be- the powers' which an officer
assigned to command the Third District,
crqated by tlie Reconstruction Acts, would
possess, it Is only an officer, so assigned,
wlio could • exercise them-: • they are - not
vested in me by my assignment to the com
mand of this Department.
Where, therefore, the-civil authorities
arq in sympathy.with. or.are overawed, by
those who commit crime,it is manifest that
1 am powerless. In this connection, I re-
spCctniUv call the special attention of the
The Legislature thus convened having , General Commanding the Army to there-
been organized under the orders of the ports in regard -to the attempt made in
Commanding General without inquiring j Warren County to secure-the arrest and
into tlie eligibility of its members as re-1 punishment of poreonschargod with crime,
2 uired by this act of Congress, ids irtten-j which-are to-day forwarded. It appears
on was called to the fact that persons dig- fo me that the national hobor is pledged to
qualified by that act were tben sitting and 1 the protection or the loyalist and the freed-
actlng as member*; whereupon the Com-j TO en of the South. I am well aware that
manding General directed the body to ex-] the protection of persons and property is
amine into tlie subject of the eligibility I no t, ordlharily.one of the functions Of the
ami proper qualification of its members;' National .Government; but when itlare-
and upon a resolution being adopted in meinbered that hostility to tbe supporters
each UoufoGiat all the then sitting'mem- i „f the Government is but a manifestation
bers were ciiaible and qualified, tbe Oom-i of hostility to the Government Itself, and
mandii g General authorized the body-to [ that the prevailing
.prejudice against, the
proceed with tlie legislative action requireui Macks results, from their emancipation—
by the several laws of congress to which j tho act of the Government—it would seem
reference inis Ix-en made. . that - protection -can not be denied them, if
This legislative action was taken on the | it be Within tlie power of the Government
21st of Jnir, 1868. in apparent good faith.! to give it. I know of no way In-which
and memliers ol Congress who were elect-1 3U ch protection can be given in Georgia,
ed a* provided by an ordinance of the Con-: except by the exercise of the powers conr
ftitutional Convention, to the forty-first. ferred on military commanders by the Re-
Congress were admitted to the last session • construction Acts. The question whether
of tlie fortieth Congress, upon presentation | theso- powers can still be exercised lu this
of certificates from theDisirict Commander' State, is a grave on*. -1 should* hesitate to
that they had received the highest number
of vote* in their respective districts. This
admission occurred in July. 1868, and {ktn-
gres* adjourned on the 23th or the same
n, Thtj , 'jjcgi»l»tnre. on the 29th of July,
1863.' proceeded to the election Of U. S.
attempt the discussion, ol it, were I not
Convinced of-theabsolnte necessity of such
action. ■ Being convineedof that necessity,
I venline to-present my views to the Gen
eral Commanding - - ■
By the act entitled “ Au Act to -provide
for the more efficient government of the
Senators when, by uniting the entire vote of ^bcl States.” passed March 2, 1SG7, itls
U»cdlsqnaliflC!l memliers. and the member*
who were opposed to the Congressional
provided In the 1st section thereof that the
States of Virginia, North Carolina. South
Carolina, Georgia. Mississippi, Alabama.
ineligible persons-elected to it. whether in
tentionally so or,not, wasiin-effecr, a fraud
npqn tbe reconstruction la\y«, and upon the
government; a fraud whiclf so vitiates ip
organization that it can. no.t be cbniideted
a iiCjjislature within the terms and provis
ions of the reconstruction acts; and, there
fore; the 14th Amendment Iras not been rat
ified by the Legislature- of Georgia; the
eonditions precedeut to the* restoration of
the State havenot been fully complied with;
and Sthe*first, second, third, and -forth sec
tions of the act of_ Marcli 2. have not be
come inoperative In this State.
:>TTbefe‘ liaye been several official acts of
the Executive and Legislative Deparment#
of the'Govefhment bearing upon this ques--
tion. some Of which declare or imply thar-
the State has been restored to its normal
condition, others-that.it hes not been. Ot
the jfor.roejr class, are. First. .Tbe ;; or(ler. of
Genera) Meadedeclaringthe State restored
and jwjthdrawiiig .frqra : the exercise of mii-
itary .control over it."Sdfcondly'.' General
Otders No. 55 : 'A ! djutilnt- : Gener.-il’s Office.
Wasnlhgton; Juiy ,1 2S.-1868,’ declaring that
thq Third Military Dlstriet had -ceased to
exist vandThirtlly- Theadmissionof mem
bers Trom.Georgia, to tbe House of: Repre-
sehtativcfl. of the .Fortietp «^>ngre?s. Ol
the latter class nreThe refusal or, the Sen
ate to. admit tlie persons 'elected to It from
Georgia; the refusal of thO present HoiiSe
pf Representatives to admit* members to it
States are entitled to' representation: -It frqm tbe State, and the refusal of Congress
——****— 1 •—'■•' to’conilt in tlie accustomed manner the
electoral *vote of the State at the recent
Presidential election. It is.hardly neces
sary to suggest that: the argument to be
drawn .from this action, as a whole, is
strongly against the proposition that the
State has been restored.
In'con'clOsidn, I desire to express my
Conviction that tlie’ Only way to restore
good'Orderin tho State, is to resume mili
tary oontrdl over it for the time being, and
ultimately to provide by law that the Leg
islature shall re-assemble as a provisional
Legislature, from which all ineligible per
sons shall he excluded, and to which all el
igible persons elected to it, white or black,
shall be admitted. Such a Legislature
woqldi'XbOlieve, enact such laws and invest
the Executive with such powers as would
enable him to keep the peace, protect life
an'diproperty and punish crime.
The process of resuming military control
wouidv-it appears to me. he a. very simple
one. AH that would be required is an or-,
derfrom the President countermanding
General Orders No, 55. Adjutant General’s
Office, July 28, lS6s, and General Orders
No.103. Headquarters Third Military Dis
trict, 1 July 22,1868, arc! assigning an officer
to thfe cotbraand of the District, exeepring
the States of Alabama and- Florida. This-
action ! I respectfully recommend. r
JJ have' the honor, to be. General, very res-
pectfnlly. your obedieni scfyaut.
(Signed)! : Alfked H. Tkruy, ,
i Bre.vet Major Gen. Commanding.'
' That the foregoing.presents tba correct
legal view ofthe. case, .and that Congress
and the administration have so. decided, is
fully established.by the fact that Congress
has assumed to legislate upon the subject,
and' that the President has approved such
legislation, and has assigned a Commander
to this district, by the following order:
■ . ; i.Hbadquabtebs of TBE Ar.MY, J
- Abjdtant Gebekal’s Qfi-ice. >
Washington, January 4-> 1870. )
General Orders No.,!- . ■ . .
By.direction of the.President of the Uni
ted States, so mjich of General Orders No.
103;. date 1 ! Headquarters Third Military
District,. (Department of Georgia, Florida
and! Alabama,) Atlanta, Georgia. July 22,
1868;.andsamuch of General Orders No.
55, dated Headquarters of tho Army, Adju
tant General’s Office, Washington, July 28,
1868,;. as refers to the State of Georgia, is
hereby . .countermanded. Brevet Major
General Terry.will, until further orders, cx'-
erciso within.that State the powers of ihe
contains a Conditional approval of the con
stitutions formed for certain "of the rebel
States, and'the re-affirming, ono of. the
original conditions of restoration, proyldgs
tiiat after the', ratification .of ti)*; l-lth
Amendment by the Legislatures of. tho said
States, they shall be entitled nnd adipi.ued
to representation. - In ibis there seems to,
be no departure from tlie original act; that
act also provided that when the prescrityqd
terms.nnd conditions should be comffiied
with, the States should be entitled and ad
mitted to representation, hut. It . made the
cessation of military control depqndent on
the actual admission of Senator8:»nd,Rep
resentatives; and the act of June, ,25th
leaves this matter where the original act
placed it. The plan of reconstruction con
templates fi ve great steps.•
1st. The formation Of a State Constitu
tion. 2d. The approval of the Constitution
bv Congress. 3d. The ratification of the
XIVth Amendment. 4ib; The declaration
by Congress that iheState is entitled to
representation; and 5rh. The final act of
recognition—tlie admission of Senators nnd
Representatives on their taking the oath
prescribed by law. When all'-these steps
are taken, the powers conferred on military
cotnmandars-cease to exist; until then they
may be exercised. The persons elected as
Senators by the Legislature of Georgia;
have never been admitted,to tho. Senate,
and no Representatives from the State have
been admitted to tlie present House of Rep
resentatives. I therefore respecUully sub
mit that the work of reconstruction here
has not been completed.' and that conse
quently the powers conferred’ on military
commanders may still be exercised within
tlie State.
Thus far I have proceeded on the assump
tion that all the conditions precedent to
restoration have been compiled with by
Georgia, but I now submit that the 14th
Amendment has not been duly ratified by
its Legislature. The act of June 25, 1868.
in its concluding section, provides that “ no
jerson prohibited from office nnder the
United States, or under any State, by sec
tion 3 of the proposed amendment to-the
Constitution of the United States, known,
as-Article 14, shall be eligible to- any office
in cither of said State*, unless relieved
from disability, as provided in said amend
ment ; ” thus in effect prescribing the char-.
acter of the Legislature by which said
amendment should be adopted, as a condi
tion precedent to restoration; that is to say.
Legislatures composed of-persons eligible
to office under that amendment.:!'No soch
Legislature has yet assembled in-Georgia;
for it is well ascertained that In the Legis
lature which did assemble, and which acted
upon the 14th Amendment, were a number
of persons who were not eligible to seats
therein. Tbe facts in the case are fully set
forth in the following extract.from tlie re
port made in Jnly last, by a majority of the
Judiciary Committee of the Senate of the
United States, to whom had been referred
the credentials of Mr. Joshna Hill, claim
ing to be a Senator elect from this Sthte,
Viz: ~ ' ' - , '
••The District Commander, Gen.;’Meade,
by a General Order, dated June 25. 1868,
declared the result of the election. Rufus
B. Bullock being elected Governor, and
among the members elected to the Legisla
ture in that order were, thirty-one.colored
men—three Senators and twenty-eight
Representatives. (See Exhibit No. 1.) By
a proclamation of the Governor elect, in
pursuance of. the. act of Ju‘pe 25, lS68, the
Legislature of Georgia convened on tbe
4th Julv following. On.the Sth July, the
organization of the two houses-was effect-
Commapders of a Military District, as pro
vided .by the -.act of March 2, 1867, and tho
acts supplementary thereto, under his as
signment by. General. Orders No. 83,^dated
Headquarters . of the Army, Adjutant
General’s Office, Washington, December
24; 1869,; ^ _ .
Ry command of General Sherman:
‘ n , E. 1).TowEsend,"
. • ""'H'.'.i Adjutant General.
- • That it'is a political question upon wl»lch'
Congress Is. the sole arid ffn'al judge, wjll
not be denied. , " . ;'
It therefore follows, that, having perfec-
ted an-organization as required by law, you
are prepared and required to pass upon the
several subjects submitted Tor your action
by the acts of Congress, Known as the Re
construction Acts, and to elect Senators. ’: •
These subjects arc the’ratification of the
the assent Of
... XIVth Amendment, giving
ed?and all persons declarcd-elected were .the State to' certain modifications of the
-allowed to take their seats.” .. -h-. t Constitution,"and the adoption of the XVth
“•Whpn rim finvfirnnr filect w.ns notified a ft t 1i'a jiptrprl' tiiat: trA
policy of iwoostructlon,witli»few who
had assomed to favor it. Messrs. Hill and Louisiana. Florida. Texas and Arkansas,
Miller wore declared to have been elected m> divided into five Military Districts
Senator*, the former for the term ending an j subjected to'military authority; and
March 4th.l873. the la’tef forjheterm end- J j n oft section, that to each of the said
ing March 4th. 18. L Althoogn. a has since Districts shall be assigned as a Commander
been disclosed- if the twenty-five or more i an 0 tflccr of the army not below the rank
disqualified men b*d been excluded, -pel- j- 0 f BrlgafiieT General. Tbe 3d and 4th sec-
ther of these gentlemen- eo»Wbave_ been - t -, ons ofthe act specify the powers and dn-
elected. Mr. Hill * mAjority^on joint ballot H e » of District Commanders; making it
having been bnl seoea and Mr. Miller o out <5,eirdnty -tosuppress, insurrection, disor
der and violence, and. to punish, or cause
to be punished:‘ait disturbers ofthe public
naaoB** htA Th* 'KtH ■ nnosArihpc
having been „„
fourteen. .•.-X,,.- .,
This action having been token and the
District Commander having issued his or-
.. ....... ... —’Jt was
dor relinquishing military control,
assume.! that the rcqnirementoc
that the National authority warno longer
effective in Georgia. - : -
On the Sth day of August, 1SCS. a rcsolu-
tion was offered in tbe House of Represen
tatives of. g General Assembly, "denying
the ellgD ■'liy of colored men to seats upon
the Boor of the House,” who up fo tlmt time
bad been acting as members, arid orith6 3d
When the Governor elect was notified
of the action of the two house, be address
ed a communication to-Gen, Meade, Com
mander ofthe District,-informing him of
the fact, and also tbit It'waa alleged that a
number ofthe members of• the General
Assembly who- bad- token 'their seats and
one or more officers of that body were not
eligible nnder the act of June 25.1368. by
reason of their having -taken an official
oath to support tbe Constitution of the
United States, and subsequently, had given
aid and comfort-to* the enemies-thereof.
Qen. Meade,on tbe same day.replied to tbe
commnnication. and, amoDg other things,'
desired the Governor elect-to communicate
to the Legislature that he could not recog
nize any act of that body, as valid, or allow
tbe same to be executed until satisfactory
evidence was produced that all persons ex
cluded by the Fourteenth Amendment were
deprived ot their seats, in. both. Houses.
Whereupon, the two Houses -went through,
tbe form of an investigation.. But from the
evidence before yonr committee, the in
vestigation does not appear to have been
conducted In good faith: or-with anyin-
thc : party of and the other the or
ganization of tSi t
... TQ; EVA.
"st* BAxm ■ w alho otEksoa:*
ersk“* ftU .j.
At the sarae torch that fighted niiaif: *”
For so I must interpret still .'** >.!•■"
A sweet dominion o’er mv.will,-.; m; -
- „„**.
'"Xhr letmo'Hlamtietj'kifteopon'o »
i FeatateLthat seem in heart my own; -in
Nor fear those watchml sentinels;.
by your now legal organization of'officers
provided for by tlie Constitution; the-Stater
Goverament will become a govcrnment. dcj.jT VfV?
/ttre Lthe members of your hpnprahlo.body. . o. fair ind hatejit maivli who»*eye
will enter upon the terms for which. they ' A' as t inaled in tho upper sky.
were elected, and it is hoped and believed
that? nothing ’rill ever again occur to disturb
the harmonious' relations which Should be
forever maiiAuned between this Sldto and
the -National Government.' • •
I transmit herewith authantie copies bf
• joint'resolutions'-df' the’ Thirty-ninth''
Congress _ proposing an amendment to the
Constitution of the Uuited States, known
as Article XIV, and tho joint resolution of
the Fortieth Cofigtess proposing an amend
ment known as Article XV; also the act Of
June 25th, 1808, which requires the assent
of (he State tj bo given to certain 'modifi
cations of the Constitution Of the State:’ L -'
The party' in this State which has pro
moted reconstruction may properly bo men
tioned in a communication of this character,
because party' lines here, as in 'all 1 the
Sorithern States since the rebellion, have
been drawn between those who favored
restoration of State governments under
Congressional enactment and thosowho op
posed such restoration, the former party be*
ingin favor of compliance; and the latter
party opposed to any settlement which'did
not practically yield all the issues which
the General Government had established by
forco of arms.* , ,- - . ,, . ?
This party, therefore, has been and is
p-aee," etc.. The Sth sWtion -prescribes tention cither of fiqdlng the facts or of cx-
the manner in whtebyand- the conditions eluding persons known to have been dis-
— upon which the rebel. States may be^re- qualified. A committee was appointed fn
•ion'ariaw bad become Inoperative; and. s:ored-to their normal relations to:the Na- e 8C h House. Ih the Senate the majority
. —- • — tional Government,-and- tixos the contin- 0 f t t, e committee found all tbe mem-
geticitB upon the happening of which, the be r3 qualified; hut there was a minority
preceding sections shall become mopera- re p 0 rt which gave an abstractor tbeevi-
' rtvie in said States respectively; upon the dence and found four 'Senators disqnali-
' Happening of which, military control in fied^ The evidence consisted ofthfe ad mis^
aalti -States shall cease. This section is as sion 0 f Senators themselves; which; if
.follows, viz: true, they SboWd have been eicltlded.'Yet
Seo. 5.' And be It farther enoctea. That the Senate passed a resolution, under the
j,. 0 f September ioMowlnjt, twenty-six' when the people’of any one of the said rebel operation of the previous question, admit-
iored members were expelled. Ort the Statea • shall have • formed a Constitu- ting them all. These facta appear.iuithe
Mn^v of September, aimllar'attion 'Was*'tion of government iboonfortnity with the official correspondence between GovemOc
d In the Senate, and all lhebbiofed Constitution' OTtbe "United Stated in all rtF Bullock and General Meade in • regard Jtt>
Senators were expelled; Ont!ie6th<lay Ot'spect?. framedbi* a convention of delegates tbe organization ofthe Georgia Leglsla-
5«!SfiLl868.ttt*OrgMift41ion adjourned, elevated bv tlie male citizens o r said State, turc. .‘See Exhibit A.' There were three
reports in the House.. The-majority re-l
port found two members disqualified; one
^ -v. : r .. r j ,»
one of the Sen -tors elect, Hon
w v, r f.,^n beln" Ml|
I* to 1 ii<Tj ndieja ry Cohnnittee.
Amendment Should: it be -urged' that We
have already acted upon the N.IVtb "Amend
ment, etc-, it is A sufficient' answer to qtrote
the action of "Congressj Wherein theji hold
that no legal orgamzation of a Legislatui-e
has heretofore been perfected. And should
it- be' argued that Georgia was counted as
having ratified the XIVth Amendment, it is
answerecTby the following joint resolution
of Congrete. adopted before Georgia acted,
fend in' which'Georgia Is not named:
; ''.Concurrent- Resolutions of Congress re
specting 'the ratification -of the XIVth
Amendment to‘the Constitution, July. 21,
1868. !
■WntSEAS, The Legislatures of the States
of Connecticut,' Tennessee, New Jersey,
Oregon, Vermont West Virginia; Kansas.
Missouri, Indiana, OhiO, Illinois, Minneso
ta, New Ybrk, Wisconsin, Pennsylvania,-
Rhode- Island, Michigan, Nevada,: New
Hampshire," Massachusetts,: Nebraska,
Maine, Iowa, "Arkansas, Florida, North Car
olina, Alabama, South Carolina and-Louis-
iana, being three-fourths" and more of the
peveral. States of. the Union, have ratified
the fourteenth article of amendment^to the
Constitution of the United States, duly pro
posed by "twOitbirds of each House of the
Thirty-Ninth Congress, therefore,-
•: Resolved, By the Senate, [the House of
Representatives concurring] that said four
teenth. article is hereby declared to be a
part of the Constitution of the United States,
and it shall he' duly promulgated as such
by the Secretary of State.
July 2i—Passed the Senate ’ without a
count.
- , Same day the House passed the resolu-
tion-r-yeas 126, pays 32; the preamble—
'yeas'127, nays35." :
Such'action having .been accepted by
tho elements of discord,
discontent and defiance. And I speak of
the party favoring the reconstruction meas
ures, now to recognize tho fact that its
course has been conSistent'rind^perStstent
In support of the measures provided by
Congress as a settlement and for a restora
tion of civil government in the South, and!
the party, has btren equally as determined
in its opposition to every scheme which tho
old political tricksters have devised to de
feat this wise and just policy of Congress.
■In pursuing their opposition to Congress,
thes^political charlatans have resqrled to
every, oonceivablo baseness, abandoning art
gument to take up with niurdcr.and assas
sination ; disregarding principles to indulge
in villification, and now, in their hopeless
despair, we find.them endeavoring .to. grasp
a Republican livery, under which they hoipo
to bide their nefarious purpose. They, now
■loudly proclaim their, hot haste to promote
reconstruction and to adopt measures which
will successfully perfect it.
While we congratulate the State,, and
tho country, even upon thuj outward evi
dence .that"wisdom is^returning to, our, mis
guided brethren, the party door ij wide and
open for any and all who desire to enter
and. support the great principlas of equal
rights and republican liberty, which have
triumphed o ver secession and rebellion.
We dcsire.the good of the whole people;
that the rights of the poor laboring, men
shall be equally protected with , those of
the rich ; that the avenues of intelligence
shall be open for all, and that a citizen’s
worth shall be determined by his own of*
forts and his own character, neither ad
vanced nor retardedby hik'birth; his color,
his religion or his politics. Upon this
platform all can unite. Tho industrious,
the intelligent, and those who love peaco
.rather than strife, will soon abandon tho
lead of disappointed; politicians, and aid In
sustaining the Government.
The" wrongs which have been done, the
lawless outrages which have been committ
ed in many parts of the State, arc the acts
of but a few irresponsible persons. When
all; good citizons exert their infiuenco in fa
vor Of justice, lawlessness ’will ceaso.
Let us, therefore^ unite in, a complete re
cognition of the righto of mien, irrespective
of birth, color or ^previous condition, and
frankly admit, thaij.under, and before, the!
law’all men are equal—that all are.respon-
Sible—and-see to it that by futura-legisla-
tiOn the requirements; of our ••Constitution
are recognized—that free schools are estab
lished and maintained, and that protection
IS secured for person and property, and for
thofrcpoxprcssidn of political opinions-'
Let party lines be extended so as to wel
come and joclude all who are in favor; of
impartial suffrage and universal amnesty.
Under our State Constitution no man is
disfranchised,: and under tho Constitution
of the Unjtc.d States no man [ will be dis
qualified from holding office who is ready
to maintain and uphold tho'Government.
I would respectfully recommend that tho
XIVth Amendment and the fundamental
conditions required by tho Actof : June. 25,
1868, and theXVth Amendment be adopted
at once, and- that your honorable body then
take n recess'until Monday, the 14th inst.
Should it'be deemed desirable by any
member to attempt [general legislation at
this time, His attention is invited to tho fol
lowing .extract from . the opinion of the
Honorable Attorney-General of tho United
States in the case of Virginia; t. ,
' “It is required under the previous law
to'act upon the question of-adopting the * *.
r Imendments] to the Constitution of the
nited States before the admission of the
States to representatldO in Congress. lam
of opinion, therefore, that it'may come to-
gether, organize, and act upon that Amend
ment, but that until Congress shall have
approved tho Constitution, and tho action
under it, and shall have restored the State
to its proper place in the Union, by recog
nizing its form of Government as republi
can; and' admitting it'td representation, the
Legislature is not entitled, and could not
without violation of law, be allowed to
transact any.business, pass any Actor Re
solve, or. undertake to.assume any . other
function of a Legislature, if the. test -oath
has not been required of its members.” :.-
• db a subsequent opinion the Honorable
Attorney-General decided that the’election
of- Senators; at the proper time, was a'part
of the work of reconstruction. '
Your organization having been recognized
from to-day, the time fixed by the United
States for tlfo election of Senatorg,-will oc-
cur on Tuesday the 15th instant, and as it
is unwise to attempt any-general legislation
while the Government is Provisional and
pending'; 6ur , recognition bjjf Congress] tho
recess recommended.seoms desirable.
I shall esteem it a personal and an official
favor, if your honorable body will authorizo
a Joint Committee to sit during the recess,
and investigate tho indirect-charges made
by the Treasurer through the public prints
against the Executive, as well as any and
all charges - he may now have to present * I
*? Thine,ojej still sliownjor.me,tkoujAfar
jr* IV>5«iy,«>Xc4thela=aorseai.;., V „
As t behold yna CT-nmg star, 1 W” " • M
•I-' -Which jet beholdinbtitie'. ” Vv -*?h’!v.'
:: iThis-nnirn i climbed iho-mlsty hlH, <
-• ->•
.« Amidst the miep-ej ed dew. 1 F;
- •" -i'-Ttwir ■ '—i r«
i’AT. anoddtoker. and a Yankee more
Once ridinr torcther, a jibbet ptesel by; .
Said tho;YanU(;o.to Fatj;“It-I -don’t make too
Give that ealloWt its dnei and pray Where would
-' yonbe?” « - •••» ■ . •••
Why.• honoy,” said.. he* -“laitb that’s., easily
known, , .
I’d be riding tb town by myself all alone.”
Funny Mention.
, The* woman 1 question—“Is that black
hair all your own? ”
Tho Boston Transcript astonishes us by
saying that “seeing the buds swell from
plank walks on the Common is a novel
Boston experience.” Buds swelling from
plapk walks must be .novel. .. . , ,..
| It j
depots and workshops, will betoifee sud-
A New Haven paper is apprehensive that
if Connecticut does not soon chango its di
vorce Iawis it will come to be known as the
seeond-chop Utah ofthe Union. Wo don’t
know jest what a second-chop Utah means,
bnt think it must be something terrible.
“My dear Polly, I am surprised at jrour
taste in wearing another woman’s hair on
your bead,” ■ said Smith .to. Ids- wife.' “ My
dear; Joe, I am equally astonished that you
persist in wearing another sheep’s wool on
youi; back. .There uowl”. •
GOod Advice.—An old Now England
former, when on his dying bed, said to his
soqr “Johnny, dorft gbt iix debt! That is
my, last and solemn advice—don’t get in
debt!. But,-, JoTmny.jf you do get in debt,!
let it ho for manure.” ,
! • degTsiq Tvs
SUPREME CpUlt'E OF GEOIC’UIA
Delivered at Atlanta, Tuesday, February ).
[RErOBTEII KXrnESSLV FOK IBS CONSTITUTION,BT
K. J. U AHlIONb, St TBEME OOCBT BErOKTEB.] ,.
James 'Ail. Hoy, Eiaiptiff in errpr, Vs. the
State of Georgia, defendant in. error.
From Bibb. Indictment for mu'der.
•BROWN, C. J.
> 1. When troni the nature of tlie case the
defense set up as an excuse for the killing
was that itwas justifiable homicide In self-
defense, it was noterror in the court to give
in charge section 4:267 of the Revised Code,
as the law applicable tothe case. - ■___
2. Previous threats by the deceased'that
he would take the lii'c-of tho accused, if he
did not pay him some money he owed him.
which were not communicated to the slayer
before the fatal doed, are not admissible in
evidence in justification of the killing in
self-defense;: and a new trial will, not be
granted to let in newly discovered evidence
of 1 such threats.
■ 3. A now trial will not be granted for
newly discovered evidence which is only
cumulative, or intended to' impeach a wit
ness,: or when it would not if beard on the
trial, probably, have produced a different
result. : l :
4. Jurors will not be heard to impeach
their own verdict.
* 5. It is tlie imperative duty pf tlie Judge
of the Superior courts to hold the courts at
the regular terms fixed by law, and he has
no right to adjourn any of sajd co.urts from
the regular term to sonic other time, by Or-,
derin vacatiou, un1css.it is in the language
of 'the statute “not possible for him to at
tend tbe regular term of said court, from
sickness of himself or family, or other un
avoidable cause.” And in case the Judge,
by order in. vacation, adjourns. over the
regular term of the court to -any other
time, for any other cause than those ex
pressed by tlie statute, no party litigant
can be compelled to try his case before the
Judge at such irregular term! But if the'
parties.in a civil case' go. tp trial without
objection, they vyill, not afterwards bo
heard to set up the irregularity. -
6. A defendant wlio is charged with a,
crime involving liis life, or liberty^-is. not
held to have waived anything,, unless he
does it by express, agreement for. tho pur-’,
poses of the triai. If the term .of the
court has been illegally adjourned, and a
party at such adjourned term; IV convicted
ot murder or manslapghter, he is not
bound by the proceedings, and Is entitled
to a new trial on motion. '.
Judgment reversed.;
John B. Weoms, John Rutherford [for de-
fondant in error. .,
E. W. Crocker, by S. Hunter, [for the
State. . " J "
Mary A. Day,’ plaintiff in error, vs. Petef
...Solompn, defendant' in errof. From
Bibb. Motion to layoff .Dower. *
BROWN. C. J. ■ ■ 1
The widow is 'entitled to dower' out of
all lands of which her husband was seized
and possessed at tbe time Of his death.
, ,2. \Vhen the deceased entered into aj
tract for the ! sale of the land- in his life
time, and gave bond for titles, andThc pur
chase money was due and unpaid at the
time of his fieatli.'and-paft of it is still
due, the legal title remained in the vendot*,
and the purchaser Udu the land in subor
dination to thO tight of the'Vendor, who
was in contemplation of law seized' and
possessed of tbe land at his death, and bis
widow was entitled to her dower out of it.
3. If the’Obligee, In a bond for titles to
land, fail to'pay the purchase money Vrith-
in. the time specified by tlie agreement be
tween the parties; the legal title remains
in the obligor*’upon which .he may main
tain ejectment without ddmand of posses
sion, or notice to quit.' •
. Judgment reversed. *~*r 6 **'“
Whittle and GnBtin for plaintiff In error.
S. HuntOr by R. F. Lyon, for defendant.
Robert N. Parker, plaintiff in errror,>▼»
Tbe Mayor and Council of Macdip de
fendants: in error. Action for damages
from Bibb. -
BROWN*©.J. * -r :n*
•-1. The Mayor and Council of the city of
Macon have foil power and authority given
them, by the Charter, to remove or cause
to be removed any buildings, posts, steps,
i- nces, or other obstruction, or nuisance, in
tiie public streets, lanes, alleys, sidewalks,
-.ir public squares of tbe city. -Under this
p >wer conferred for tbe public good, they
an cnarges ne may now nave ro present x ^ bound ^ k(jep the gtrl'ets, lanes, alleys
would respectfully recommend that the’... d sidewalks in sncb ! condition that it
Committee be authorized to send for persons.; j. sa f e and convenient to pass them, and in
and papers, and to administer oaths; and 1, ■- se of failure they are liable to any - per-
am confident that such validity will be giv-n injured by their neglect. :
en to the acts of the Committe, by the Com- ■ . 3. A two-story, brick Wall of a bouse-,
mander of the District, as may bo necessary - ' hatl been burnt down some months
to insure justice; ■
RtFcs B.Btn.L0CK, ' ,,ich dilapidated or decayed as to endan-
... . FrotisKinal Governor. j:r the lives of persons passing the streets,
Atlanta, Wednesday, Feb. 2,1870. .. a nuisance, which the Mayor and Coun-
Xhe Death ' P^AL^.-Twenty-three '£££&
years ago Michigan abolished the, death *^ on of gno h neglect, the city tetiable for
penalty. Now there is considerable diS-- ; ;, e damages sustained. If the walls were,
cussion in both the pnlpit and the^ press or; -oundand-steady, and did not, under any
' ordinary circumstances, endanger anyone
S assing tbe streets, and should be thrown
own by tempest or other act of God* a
person injured by-the fall would have no
right to recover damages for such injury
from the city. - •- --
Judgment reversed.
Bacon and Simmons for plaintiff in
error.- -
S;Hunter, by Iverson L. Harris; for-de
fendant. — • •'■'* •
if-While we should not gi\-e-too-narr<-Hv a
t iCOflstrcction totboword- 4 ’appurtenancrs'’
, .jXJMOukl ftoaiw roaionableconstruetian. .. .
Tlie term embraces ail the no ussiu-.v.d*\-
pdts, slioiVs.'ahubtlief'tuildiiigs'of (liecoiij-
panjr.'femiWi’aH:' propet for : tht ! a **
management of the rold;-together with
lt r _. suchiquantity of-land--as may-bo covered
..I T b J'W»ctualljiaiece*8aryifoii;s»*ii:-H6evbut , *.
fOmqjSqv ‘. :a iua 7 -
liThe remarks'made iq rererefide to wd*' '*
al Railrditl dn’not aptrl.ddb Infill Vh!P , ”HtW
ids as have a oiansein’tlie charter ex
empting them from-taxation-beyond one
-tinif pf out ped-eento upon- tUrtMbb- x
.comeSj^wjjLhout^uy -sucU pnjv'uiup as.is
contained Tri the charter of the l Central‘ ,ou *
-Railroad, reserving the riglit'-Of taxlAlon • 3 ; !
to municipal or other corpctratibn^-as the
Georgia and- Soirthwestern-Roads.-tor i«-
stotjo(F+-\vhosorcharters.*.cttntaitr ao mieli • j
P.rovlfisq.Mi.favog.^f.coun^or pity enJ
<►.»•» HunterV&.'&'ltotihrdriei'for plaintlfi 1 ’ oul
in-erfor. !"
■»P|l, l IH"^.nlUl^ Of $aid cod
pan its,.ahd is not liable toRc taxed in.an,
qthcr.manner' thau' is sfabMfiedln'tnelr
respective .charters;'but thaTariy 'otAer
eriy owned by [saidhb’mnanies, vf-hicli'
if nctcisary and proper, forthe puniose'
bying, building fend 'sustefnrty'^siHd
roads and not appertaining thereto, may be
I taxed by the county or fftlier corporation! I
in the same ratio of taxation ^f like pro p^
erty. - Meld furthersiThsX.tho property:of:
thorcspectivQiraiiroad eouipapiesspypi^ ,
in tho record is not liable to be .taxed by
the county of Bibbi except lot nUthber 2| in'
block’74, and’that’the Court below erred
in holding and deciding that.said lot num
ber 2, in block 74 was exempt from taxation
by. the county.
Judgment reversed, .
McCAY, J., concurring, ■ -U 1 -
T. By the laws of Georgia, as they now
exist, no county tax can be collected'upon
nv property noFtaxcd by the Btftte;
21 When-tho..BtoUs in ti
....... the grant of-a
charter , to a Railroad Conipany, provided
that the §aid Railroad and Us appurtenah-
ces ” should'n'OtTietaked higher than 'one
half of obe per cent; upon its net income,
the “railroad and :appurtonance*”. nici]-
tioned fairly inclpdqd not only, the road
and road bed,but stations, tanks/woodsheds,'
depots, enginO-hdnses; shops tor tho con-*
Struction and repair Of its machinery* offi
ces and other buildings aqd property .nec
essary for the convenient and succcssfh)
construction and i-Unhlrig'of the road.' "
3. In the Charter of the Central Railroad,
the State has expressly reserved the right
to authorizo municipal and other corpora
tions (which includes counties) to tax for
local purposes the property of said Com-’
pany, of any character, within the locality
at the same rates as taxes are assessed up,
on tho property ot uatural persons: but,
though such a right is reserved to the State',
it has not by any law been as yet conferred
on the counties. .. ..-.
3. Real estate purchased by a railroad
company, to be used as a locality on which
to erect depots,' hud over Which to lay a
track, in pursuance of a contemplated
Change of depot site, does, not become
“ property appurtenant” until Jhe change
is actually made and the former site aban
doned.
4. ; When there is property bf a railroad
company in a county, subject to State and
county tax, which is pot returned to the
proper Tax Recciver.it is the right and'
duty of the Ordinary to cause the Collec
tor to havo the-tax, both State and county,
assessed and collected.
i&ISti forplaihtiffin<Jrrovi • .*ai oqwvi
& Anderson.for.defimdant. . a* „ t.;
Sout|iwestern Railroad CompahV*T!!!'OFcKr’ ,!
iU*hpin«SODV’«tk : 81. !, [ Bill und 1 «eimttref'
- ftMffiBlbti.LUwc ill Alltel *•.! • ;• njn'i!'
mqcay, j. *r '■ .
Railroad stock, under our law, is personal*' *
assets."' ‘
WhePthCroutB no debts unpaid, and the-11< »
administrator of an estate illegally, .dis-s .....
poses.ot property of the estate, and is in- ,
solvent, equity will entertain a bill filed bv *
the licirs at law to recover the property so •* ■
Illegally disposed of, or to-decree an ac
count of its proceeds. «• -
When an administrator, without autbor-
ity^duposed at private sale ot Southwest
ern Railroad stock, and tbesamc was by dl-
rectipn of the admnistrat&r -transferred, to
the purchaser on the.booksof thecompanj’,
anff ft is not known to the heirs who is tire
present bolder.of tho.-stock, • :: * -u,.-
ffoldiL Thatas the company is bound to
■pay the dividends to tlie true owner only,'.
•Jt is r *
i,.. 1 Whittle & GusttnrLyon*. ‘DcGraffenrcid
& Irwin,:lAWCOtv fObdofetKlantr. .aj.Tii; i'i
Jgtbtjs' ‘di, Mcifilrney^Vs!* Hofli’n/s-'' ‘ U
■i wbrth:' TSfeW triad,'from UlWi.
McCAYf J. %!'• *- art - • anaskzu—ti4L *t li.ztvTitU
-.45 thftt»he.«Kidcnf» to support a yordigt.
a and the presiding Judge refuses a new trial,
there be Kw A this Court,
Qugh it may not bo^atistied with the
verdict, it will not reverse, the decision of
R-
n proper party to a, biliilled to discov
er tlie present owner, and praying a re
transfer of the stock, and an accountOf tfie
dividends. —• .
Ueldfuather: That the present holder-of
the stock is .also a,.necessary party, and
when discovered by the answer,'he must he'
proceeded against JtS ittch before any final
decree can be had,--either as to.the transfer
or the dividends. . ..
Judgment affirmed.
Lyon, DeGraffenried & Irwin, Lawton"
for plaintiff in error.
whittle & Gmtlfi, TLHlllfordcffendant.
J....R; llorne Bna.A.J. Round ys-.Thomas
Young,,t*t.aL..Complaint,from, Dooly.
MCCAE,
Where, in 1S01. thelioliler of. 3 promisso-’
of the minority reports found still another jw the admission of Senators and
member dtmnalified.:bnt the otherfliiifori4 ^ « Rer nea rlv ten
in tbe Senate.’and. • upon: prevlo*aY» ttiUHV tjJCB"Clees4ot>,-CX-: rnemner aisqnamteo. trat tne otneripinpfp mil naartg ten
hUc^taMWtot! fieS'fw9Tifi miy-bcHterritheblsedTorpar-; ty report found -Hwt.-*ll..w8re qjwtiW/W^K SvWoSrei
todk-i’irv Conimitree. ThisTtiC^tioOrd the rebeinoAbtiprf^Odyat The last repdrt was adopted, bv tbelHousel veM^^Mdenn^steay, onc^orea
i• and when such Cohstlnulpn -Under-the operation of; the previous qnes-f
that State, as to whether it should not be
restored. It appears to have been found
that, while society* spared the murderers,
the murderers foiled to spare society, and
hence the effort to put things on the foot
ing of equal .rights, to. wit: life for life.'
There is, it is true, something' to he said
against tho death penalty, since there-are
few men. we faney, who have seen q fellow-
creatore hanged but have shuddered at the
spectacle; but, perhaps, looking to the good
of society, the best rule is to be found in
the bargain proposed By a witty French
man to all assassins: Gentlemen, when you
cease to kill us ws-will cease to kill you.
Ex-GoTernor Solomon, of Wiscon*
Ordinary of Bibb County vs. The Central
Railroad and Banking Company* et, al.
From Bibb.
WARNER, J.
When, by the Charters of certain Rill-
road Companies, they .are authorized “ to
purchase and hold all real estatejbat may be
BROWN, C. J n concurred in tho reversal
of the judgment as follows:
Tlie charter of the Central Railroad and
Banking- Company contains this provis
ion : - " ' •
“That the said Railroad and the. appur
tenances of tho same, shall not be subject
to bo taxed liigbcr than one-half of one
per centum upon its annual net income,
and no municipal, or other corporation,
shall have power to tax tho stock of said
Company, but may tax any property, real
or personal, of said Company, within tlio
jurisdiction Of said corporation, in tho ra
tio of taxation of like property.”
It is insisted that this is a contract be
tween the State and the Company, whicli
forever exempts the company from a higher
tax than one-half of one per centum on its
net ihCome, -' and that they arc entitled to
this perpetual exemption from taxation,
no matter what may be the exigencies of
the State, or the burdens of taxation upon
her people.
If this-be so, iffis certainly but just to
hold the Company to such part of the con
tract as is favorable to the public.
While the State lias relinquished her
right of taxation over the road'and its ap
purtenances. the Company has expressly
agreed, on its part, that a municipal or
other corporation may tax any property,
real or personal, of said Company, within
its jurisdiction, in tho rattoof taxation of
like property. . . .
Now* it is argued that this provision only
subjects to municipal taxation such prop
erty as tho Company may have purchased
inpayment of debts, and the like, which
are not appurtenant to the road, and that
this view is strengthened by the inhibition
to tax tbe stock of the Company, which, it
is insisted, includes the road and Its appur
tenances^
But if this view be correct, what use was
there for tlie provision,tliatamunicipal.or
other corporation, may tax any property,
real or personal, of - said Company ? The
State has not relinquished her power to tax
any property the Company may own, ex
cept tlie road aBd its appurtenances.'Prop
erty purchased by the Company tn pay
ment of a debt, not connected with the road,
and not appnrtcnant to.tho road, being tax
able by the State as other property, there
[could nave been do doubt about the power
of, the State to authorize municipal corpo
rations, also,-to tax it, and in that view of
the case, the provision in tbe charter, now
■under consideration, would have been sur
plusage and altogether useless.
It is very evident that this language was
intended, when inserted in the contract, to
mean something.' And I think it quite as
E vident that it does mean, that while tbe
;tato.may not'tax the Road and Its appur
tenances more than one-half of one per
centum on its net incomes, the municipal
corporations and- county corporations,
through which it runs may tax any of its
property, real or personal, In the ratio of
taxation imposed on any other.like prop
erty, that Is, on any other real or personal
property withlh the city or county, and
subject to taxation;by lt.
Treating the charter as a contract, and
admitting, for the purposes. Of this case,-
that the State may, by such contract* re
linquish her power of Taxation, and. it-fol
lows under a fair and just construction of
the contract, that the State may tax all'
property of the company, except the road
and its appurtenances, and may authorize
the counties, or other: municipafcorpora
tions, through which the road runs, to tax
any and all property of the-road, includ
ing the road bed, which is real property, as
well as any personal property it may have,
in any auch county, in the same ratio with
other real or personal property in the
county. That is. if other real or personal
property is taxed- a certain per cent, ad
valorem, the property of this company is
subject to a like per cent..qd valorem, or if
the tax on other property- bb specific, the
like specific tax may be imposed on the
property of the company. . .
But whiie I have ho doubt Of the power
ofthe Legislature to authorize the coun
ties, and .other municipal 'Corporations
through which' the-road, run A to impose
such a tax, the question arises In this case,
whether that power hafe been exercised as
to any part of the property ; of the com
pany not subject- to -a -State tax. And. I
atn satisfied, after looking into the ease
carefully, that the Legislature bas -not con*
ferred any such authority oh the county
of Bibb, or any Other county- The county,
is only authorized to levy a' per cent, on
the State tax. • Now. as the State is not aur
thorized.to levy a tax on the road or ita
appurtenances, ip Bibb county, and none
such has been levied, there is no State tax
upon which the cohty 'cah assess a percent.
Iftbe Legislature shouldi at any time; con-,
fer the authority upon tllecountyto assess
a tax upon the property of the company
within its limits, it will be necessary, .to
nrovide some mode of • assessing and col
lecting Itother than the present mode. of.
levying a per cent, upon the State tax.
But lam satisfied that all property pur
chased In the couDty of Bibb, for the pur
pose of-locating new depots, or for any.
other purpose, is subject to both State
and county :tax. till actually .occupied by
security, which fist note was to be paid in
Confederatejnpupy., Jleid: That this was
a new contract, and the amount duo there
on is to be ascertained under the ordin
ance of 1S65, relating to contracts made
during the war.
- 2. Leld further, That in adjusting tlie
Equities between the parties the jury may
look into the original consideration, the
value of the old note at the. time ofthe new
contract, the consideration ofthe new-con
tract and the different relation ofthe princi
pal and securities to that consideration and
should the evidence so authorize, they may,
under our law, find a verdict for one
amount against the principal and another
against; the securities, accordingly as they
may find the true Equities of the parties.
3: in cases arising under the ordinance
of 1S65. for tbe adjustment of Confederate
contracts, either party may be. a witness
notwithstanding one of the contracting
parties is dead.
Judgment reversed. • •
S. Hall, 8. Rogers, Date A Ryan, for
plaintiffs in error.
J. Armstrong for defendant. !
M. A.Huson vs. G. B. Roberts, ct al; New-
trial—from Bibb.
WARNER, J.
IVlicn a suit was instituted by one part
ner against bis co-partnere, to recover his
share of the proceeds or profits, of tlio co
partnership, and It appears, in evidence,
that, the co-partnership contract wits for
the purchase and sale of tobacco, for thc-
inutual benefit and profit of tlie partners
themselves, ono of. whom was to furnish
the transportation Of tlio tobacco, from Au
gusta to Macon, and the partner who was
to furnish the transportation of the tobacco
made a contract for thc-transportation of
the same, with a Quartermaster of tbe Con-
lederate Government, with-the knowledge-
and consent of the other partners, to havo
.the tobacco transported in Confederate
Government wagons, as tho same were re
turning empty from the Railroad depot,
and agreed to pay for ’such transportation
of tbe tobacco either in bacon or Confede
rate money. . .. ....
Held, that;this was not such an executory
contract, made' with the intention and for
the purpoie of aiding and encouraging the
rebellion, as made it illegal and void ; that
the intention and purpose pf the contract
ing parties was to aid and benefit them
selves. and not to aid and encourage the
rebellion, aqd that the court below erred in
granting fe . new trial in tlie case,'on that
ground. . ‘ :
Held, also, that there i* sufficient evidence
in the record to sustain the verdict of the ’
•%, *ment reversed.' •
R: F. Lyon, Jno. Rutherford, for plaintiff
w/lbDeGraflenrcid, B. It. Hill,'for de
fendants. '*
P. E. BOwdre, Trustee* wHfeeon ami
Brunswick Railroad Company. Ulegali-
tyfromBlbb. ''i'i-’!-- - - > •
Warner j.
When, on tbe trial of an issue as to the
amount due oaa Copfedrato qpntracte un
der the ordinance of 1865,-thc plaintiff pro
posed to prove, by a-wltnesfl, that the defen-
dant had.'invested the.Confederate money
received from the plaintiff in cotton, at ten
and twenty cents per pound, atfd got for it
forty cents after tho-war,-which evidence,
so proposed- to bo offered, was .rejected by
tlie court; Held, phat it was not error in
the court in rejecting the evidence. -Held,'
•further, that although the court may give • •
a wrong reason for -Its judgment,£tlll. if
the judgment-Is.right, this court will not
reverse ii;. •
- Judgment affirmed:’ V .' * ’ “
W. Pde.S. Hall, for plaintiff In-error.
Whittle and Gustin. for defendant. . . .
Hoar's Opinion tin the Georgia -
- . Bill. * •.
WAf&VOTmfr February l.-^Tho' Vice! ' '*
president laid before the Senate a" Conimtt-
■nication from the' 'Attbrndy-Genfetal; in re
sponse to a resolution of the Senate calling*
for a copy of *any communication sent by .
him to any of* 4he United States military
authorities,- relating.to affairs in Georgia,,
since the passage pf tijo foft act.of Congress
concerning that State.
• The Attorney-General replied that he'
had giveh no official opinion in writing;but’
had informally, upon one occasion,* at the-
roquest of .the General of the Army, mad*
a private memorandum ot his. views, upon,
particular questions.'. The. communication ,
was referred to the Committee oq Judiciary ,
referred to tbe Jn.rwiary Committee. .This i cq>.i......*®Lj.-wi n-such Constitution Under the operation oktoe previous quea-fState in the Union. Our Constitution will sin, hafe' opened a law office at No. 1411 necessary and proper, for the purpose of speh manne
tot*ih?^ctWoSh^ forced uj.on.the eietaion^ B^TW W*ork. • ^ Joying, building and sustaining* said rail- EgWure
(INDISTINCT Print
BniLLiASF 1^ , Er(Dn,•o , tx- OtscisxA'n.—
The Cincinnati Enquirer, of tho 28th, con- . ■ .
tainrn-graphie-account-of the ■nuptials.in.' »'
the aristocratic- cirplea of. SevcnLhjUreetin,..,,
that city r of JKeneltaiT. ,D?g])y,..a jnctuber > __
of tha Britiah .Parliament,. aud Miss Groes; ..
beck, daughter of, Hod. W. SI Groesbeck,
formerly a prormnenl'meinbef'oPConi^ess ''
and one of th3 counsel for TiiesidenV John-' -'-
son ift'tho' lrite'impeachmeat -trial. -Tho --
bridegroom trices : his ancestry back to the-- -
troublous’ times of Cbarlos the. First, and.
the bride was. a reigning bolio of. tiic ; Qu.cen mi)
Gity.. Seventh.Street.was in a blaze,,an,d..j
thB-palatial,te aI, ( ; i 0 ? 1 °‘.tee bnde’i lather
was all agtittcr witb.'dizzlincboaufics,cosl'-‘' “*
• • , • Tv toilets and fashionable' refefiWties. Thfe
and are"occnpied by the road as snrtalhly.^l’Py.'couWo^tert-On a-special .car, ’on
will then bo part of the appuftenances ot ff^ttrstlay, forNeteYork, whence ths\
■the road, riO longer subject to- at State tex. ; embark -formeiry aid .England,.».t
and^can 1" : ’WsF^Hi•
such manner as may bo prescribed uy.ine;.- p w J , , , •
- - - - And upon tho removal to, “teat old thief uomn. ......
;' --‘T-ws. r-*-;;' 1 . 4 » A 1 rfffia
'•* “* ' •• FVU,'-};. -
the road for such purpose, So soon as
as the mew depot buildipr" — *"*—