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9, THE ATLANTA WEEKLY SUN- THE DAILY Wednesday, December The Strides of Empire. SUN. lament In point of fact that (Jonven-j THE CAPITOLi. K tion merely prepared the draft of an in- 6. -1871. strument, which had no force or validity j The House passed a resolution by = until ratified by the separate States, j a n overwhelming vote, requesting the ■ each of which was just as free to reject j p resen fc State School Commissioner to as to adopt it. If only eight of thethir- 1 . „ , T - -- -- - ° 'General Lewis Do the people feel any fear that Gen. I ~ bad'ratified i^it would kavefciilen! resi S n at once- Grant will try to establish un Empire, i still-born. The consent of nine States " ’ and try to make himself a Dictator with J made necessary to the organization a successor in the person of his oldest j ^ if^only nine son ? According to promise made in The Sun of yesterday, we lay before our read ers to-day an article from the New York World, which ought to attract thee ireful attention and solemn consideration of all persons who love Liberty: had adopted it, the remaining four would have been . ,. INDEPENDENT SOVEREIGNTIES. But according to Mr. Moiton’s new im perial theory, the Convention of 1787 had power to bind the whole thirteen States, and grant to them, or withhold from them, whatever rights it pleased l A theory which is in such glaring conflict tucuiy wuiutia xu ouuu Kiuuug uuuuxub with history must have been invented for Senator Morton Smoothing His Way to imperialism. Mr. Morton delivered a lecture in Providence last Saturday evening. It was an insidious argument, by President Grant’s chief counsellor and champion, for breaking down all barriers to the es tablishment of a centralized imperial despotism in the United States. The title given by Senator Morton to his address is “the national idea,” and its professed object is to combat the doctrine of “State sovereignty.” This was a singular choice of a subject. The events of the last ten or twelve years have identified State sovereignty in the popular mind with nullification, seces sion, and rebellion, and have covered it with so much odium that rational and temperate defeuders of State rights shrink from going beyond the printed text of the Constitution for arguments. To argue against the old Southern doc trine at present would seem as needless as to thrust the body of a dead soldier with bayonets. But the confidential champion of Ulysses the First knows what he is about. Entertaining no doubt of Grant’s re-election, ho thinks this oc casion opportune for taking advantage of the settled hostility of our people to secession, and pushing the doctrine of Federal supremacy to its utmost extreme, with a view to electing Grant for a third term, and finally reconciling the people to A CENTRAL DESPOTISM. Except for the purpose of stretching the anti-State sentiment to extravagant lengths, there can be no explanation of Mr. Morton’s choice of a subject and bis overstrained invectives against State sov ereignty. The following extract from his lecture gives the gist of the new theory : The States have their rights by the agreement of the nation. That Deems to be the important truth that is go often overlooked, that the rights of the States, sacred and unapproachable, are sacred by tbe agree ment of the nation, as much so as are the powers that are conferred upon the government of the United States, that the Stales derive their powers from the same source, viz., the Constitution of the United States. That Constitution says that the government shall have one class of powers, and that other powers shall bo gained by the States, to be enjoyed by them or reserved to tlio people. .In the consid eration of this question, tee must reflect that the nation had assembled in convention in 1787 and there formed a government, there declared what rights should be given to the national government, and what rights should be resorved.to the States, and that in either cast the grant and the guarantee is an act of national sovereignty by the psopie in convention assembled.— Whon we shall embrace this idea fully, all the danger of centralization willpass away, though we discard the idea of State sovereignty. I do not differ so much with many gentlemen in regard to what tho rights of the States are. 1 differ with them in regard to the titles by which they hold them. I say that so far as Stato rights are concerned, and the rights of the government, that we are not to go back beyond tho period of 1787, when the Constitu tion was formed. The rights of the order States, and of llhode Island as she has them now, are to be dated *rom the formation of Vie' Constitution. Then they caino into convention. They had the right to make any sort Of government they pleased, and they did. And in that government they guaranteed and secured to the States the great body orights in regard to local and domestic govern ment, but it was the agreement of tho notion at that time. So far as the new States are concerned, they #ro to come in on an equality. They are to have.the same rights with the old; an i this theory would be xmpassible of execution except upon the idea that the rights of the States curl (hi national government are to be determined from the action that was taken at that time. Thii difficulty had been in regard to this the ory of State cover eights; and the assumed right of secession and of -nullification was the result. They assumed that these States existed as nations sepa rate and distinct before that time, and that they only loaned a portion of their rights fbr a particular pur pose. That is the base of that theory. When we sift this sophistry we find its fundamental idea to be, that the States de rive their rights solely from the- national au thority, and not from their unborrowed and original powers as States. The necessary iuierence is, that what the national authority granted, it can, at its pleasure resume: that the States have no rights of which tho National Govern ment may not freely deprive them when ever it thinks fit. This was never the dootriue of Webster, nor of any former statesman who undertook to refute the heresies of Calhoun. It was reserved for Senator Morton to discover that the States did not come into the Union in the possession of any antecedent righ- s, and that they hold all their lights by mere grace and favor of the CENTRAL AUTHORITY. He, at least, made an odd selection of a place for promulgating this new gospel of centralism. It so happens that Rhode Island affords a decisive test of the soundness of his doctrine. For a period of fifteen months alter the organization of tho Federal Government and the inauguration . of, Washington, Khode Island stood outsido of the Union and acted as an independent nation. Both Khode Island and North Carolina were treated as such in the early legislation of Congress; as witness, for example, the following section of an act passed Sep tember 16, 1789: Sec. 8. And be it further enacted. That all rum, loaf sugar and chocolate, manufactured or made in tho States of north Carolina or Rhode Island and Provi dence Plantations, and imported isito the United ' States, shall be deemed and taken to be subject to like duties 03 goods of tho like kinds imported from any foreign state, kingdom or country. Not even Mr. Morton will maintain that the Federal Government had any authority or jurisdiction over Khode Is land, until she at least came, by her own voluntary consent, into the Union. Dur ing the period while she stood outside, she was an independent, sovereign na tion, treated as 6uch by the Federal gov ernment, From whence did she derive her sovereign rights? Not from the Fed eral Constitution, which she took no part in framing and declined to ratify, but from a tilt «jf ORIGINAL INHERITANCE through the Declaration of Indepen dence. If anybody disputes that the States were originally sovereign, the his- toryof Khode Island is a conclusive ref utation. She was treated as a sovereign, independent nation by tho Federal Gov ernment itself. That State is a beautiful spot for promulgating the new doctrine that the States were not originally sov ereign! She furnishes the very example by which original State sovereignty is most unanswerably proved. . Morton asset ts that the Conven tion of 1787 farmed the national gov- some sinister purpose. Its object is to take advantage of tbe prevailing public sentiment against secession for absorb ing all political power into tbe national government. Mr. Morton says: It is not enough for a party to deny the right of nullification. They mutt go farther. They must deny the doctrine of State sovereignty; for aa long as that docrlne is admitted, these other things will spring up spontaneously from it, and whenever the occasion allows it. If we were to admit that the Staton were sovereign, then we would be bound to Eay that Webster did not answer Hayne. We stand by the doctrine of Web ster; but Mr. Morton repudiates it. Un- lik Morton, Webster did not question that the States were originally sovereign. Nay, he admitted and maintained that they preserved under the Federal Con stitution all that part of their sovereign ty which they did not formally and spe cifically surrender. Webster’s theory was just the reverse of Morton’s. Instead of making State rights a grant from the national authority, as Morton does,. Webster made the Federal powers a grant by the people out of the previous sov ereignty of the States. In that very speech against Hayne, to which Morton has the assurance to allude, Mr. Webster said: The Slates are unquestionably sovereign so far aa their sovereignty is not affected by this supreme law. The national government possesses those powers which it can be shown the people have conferred upon it. and no more. All the rest belong to the State governments, or to the people themselves. So far as the people have bestkained Stale sovereignty, by the expression of their will, in the Constitution of the United States, to fax, it must be admitted, State sovereignty Is effectually controlled. I do not contend that it is, or ought' to be, controlled farther. Why is not Mr. Morton content to rest in this sound and tenable doctrine of the greatest of our constitutional lawyers? Is it only because he wishes to remove all obstacles to the establishment of a great, overshadowing, central imperialism on the ruins oi the political system which Mr. Webster expounded and defended. Nothing else can explain either the un timeliness of this strange discourse, or the WILD EXTRAVAGANCE of its positions. Even if it were true that the States have no rights wlncfi the general government may not withdraw, what occasion is there for prqaching this doctrine at present, if not to lay the foun dation and prepare the way ’ for the ex tinction of State rights ? We will copy a few specimens Of the fustian and folly which abound in this address: • t • ' i'!' I; 1 . .. ; The man who believes that there is no God, no immortality, and thut when he dies he will melt into the earth to be seen no more, like tho snow-flakes sinning into the ocean,certainly wants one of the most powerful stimulants to intellectual an 1 moral ad vancement. [Beautiful sentiments in tho mouth of a notorious libertine!] The man who has no coun try has been presented as the most conspicuous ex ample of human isolation and desolation. The sol dier who feels that there is an army behind Uim rushing on to his support is mada stro g and bold by that consciousness, and the sentiment of nation ally is an element of individual and of personal powor. Tne man who does not possess that senti ment is intellectually and morally weak in many of. the great positions and trials of life. It is an element of strength and courage to feel that you .belong to’o -reat nation, and especially to a nafion that loves iberty better thau any otherand is not surpassed in wealth and power and Valor by any other nation. WE MUST HAVE A. NATION. It is a necessity of onr political existence, and we find the countries of the Old .World now aspiring for nationality. Italy, after a lODg absence has re turned. Rome has again become the centre and capital of a great nation. [Ruled by a king.] The bleeding - Iragnients of a beautifnl land have been bound up together, and Itaty .again resumes her place among the nations. And we find the great Germanic family has been sighing for a nationality [Under an Emperor.] That race, whose overmast ering civilization is acknowledged by all the world, has hitherto been divided, into petty principalities and States, such as Virginia and SoutlfCarolina as pire to be, but now are coming together and assert ing their unity, their national existence, and are now able to dominate all the nations of Europe.— [By an irresponsible one-man power.] ■ The States are but subordinate ports of one great nation, and the nation is overall even as God-is over Ihtfuniversc. (Applause.) OUgllfc to have avoided tlrs by resigning some time ago. He ought to have discretion enough to know that his services in this position are not acceptable to the people. He is a stranger among us. He came here as an army officer. He stepped out of the army into this very important and responsible position. He may possess the qualifications necessary to fit him for the posit ton; but the very fact that he is a stranger among—a stranger to— onr society, and does not understand the wants and wishes of the people, makes him an unwelcome incumbent of the office which he holds. Unless he does resign he will be re garded as an interloper, and his position will become an unpleas ant one for him to hold. It is hop ed, however, that he will accede to the wishes of the people, expressed through an almost unanimous vote of their Rep resentatives, and avoid further unpleas antness by returning his commission to the Executive Department, from which it emanated. ' SUN-STROKES. Harris, the poet-wit of the Savan nah Morning News, very warmly and conciliatorily invites Alexis to come down and see him. It is difficult to see how the <mb of the Russian Bear can resist the invitation: Sayaimah to Alexis. The random thought that vexes Is the coming of Alexis— ,, a Spobisky span de spikelhoff— ‘ With his accent sllghUy Russian, That sounds like a percussion Cap, as Mosyiskymichaeloff. We will learn the Russian manner, Should he pat up at Savannah— Obelyikinajnihunch— If the usual beer don’t suit him, We will take him out and shoot him, With some of Mikesartillerypunch. Ah, Dearest Duke Alexis! ’Tis not your coming vexes, Nor your highness that perplexes— Nor the fact that your royalty is young: We have the bend called Grecian, And the greenness that’s Venetian- All these, dear Alex, to repletion, But we lack the twist called Russian to our tongue. !) ■ aoi JGSS* Edwards Pierpont is now the man who is to succeed Fish. ■J8§5 = ‘ The man who said something about the supper-stition of dreams was wiser than he knew. Miss Muloch has published a new novel entitled “Hannah.” It is tj be hoped that it effectually and finally an swers a question with which the public has long been bored. J!!©*' “The Debatable Land Between this World and theN ext” is the title of a neW book by Robert Dale Owen. The sooner the author gets entirely through his subject the better it will be for public and literary morals. The Tallahassee Sentinel an nounces • its firm resolve to be without cohsojlatiou until “For President—Uly- ses S. Grant; for Vice-President—Wil liam H. Seward,” floats authc itatively at. the head of the second page. first Column of its The purpose of this bombastic stuff is to impress the people of the United States with the idea that the States are as sub- or/linate to the nation as counties are to the State governments, or, as this liber tine profanely expresses it, as the uni verse is to God. If the people can be brought to admit the absolute, unlimited supremacy of the Central Government, it will be but a short and easy step to the personal embodiment of that,idea in a national sovereign with Ulysses’ the First on the throne. The Accounts of Henry Clews ' j Co. The biggest King or combination that ever was formed in America to operate upon a single State, was that of Kimball, Bollock, Blodgett, Henry Clews & Co,, and those interested in the Brunswick and Albany, and Cartersville and Van Wert Railroad swindles. Clews’ impu dent chum deserves the severest rebuke, and Clews himself deserves punishment for a conspiracy to defraud the people. And we are sorry to find that some persons in Georgia are trying to manu facture public opinion, and manipulate the Legislature into an allowance of this claim, and further to give him all the ad vantages which the unlawful and fraudu lent acts of the last Legislature were in tended to confer upon Kimball; and the same of the Cartersville and Van Wert Railroad. Wo rejoice that the day has come when the people of Georgia will no longer tol erate corrupt’ Rings, nor any body con nected with or benefitted by them. We shall hereafter give special consid eration to these Rings, and the persons connected with them or benefitted by them. ■ r .*iit “Akerman retires very early” is an announcement from Washington. It seems very hard to call in the blood hound at the very moment when the scent of the prey is strongest. . The Great Cotton Case of Garsed vs. the Bealls in the Federal C -ft Court, for .Georgia, has been assigfiLd tor a heart ing, on Monday, the 11th instant,'at Sa vannah Counsel for Garsed—Hon. Lin ton, Stephens, Hon. Herschel V. John son, Colonel W. W. Montgomery, and Gen. Robert Toombs. Counsel for the Bealls, Hon. B. H. Hill and Hon. W. T. Gould. Georgia Western Railroad.—The preliminary survey of this road has been completed. The entire engineering corps arrived in the city on Friday last, .in good, health and fine spirits. They found it unnecessary to proceed any farther, than Talladega, because there they ob tained the original notes made on a sur vey between that point and Elyton, which were altogether sufficient dato upon which to make an accurate estimate of the expense of the enterprise. Captain Grant will open an office in a few days, and proceed immediately to make the necessary calculations, plans, designs and approximate estimates. Mayor’s Court.—His -Honor moored into Court yesterday morning as cold and chill as the “icicles that hang onDiana’3 temple.” His retinue was no less pre possessing, for they crawled in after him like sullen icebergs in a dark Arctic sea. MISS EATiTNDA RET.t. was a colored girl who prided herself on her snuff and her “spunk.” She was a plucky piece of humanity. Her spunk was not to be questioned, nor her snuff stolen, so when ANNA DILLARD, a lady of thievish propensities, trespassed on her pets, she let fly at her to the tune “Wool, Blood and Thunder.” “Now, Anna Dillard, you may QiItiV Iloves your dandy Sam, y But I’m Goll domed ’f I care for w™ A solitary cent!’* That wicked travesy of “Old Hundred” destroyed the sacred music of an adjoin ing church, so His Honor raised another tune, entitled “Ten Dollars and Costs.” some modest individual, who had been taking some recreation by dropping into stores and shaking his fists at some unoffending, unbelligerent Is raelites, telegraphed $10 and costs. His Honor had tarried in court (port) fully three minutes, and in the perils of frantic icebergs he was towed out in the moon’s pale light. Shooting Affair.—A difficulty occur red yesterday at tho Kimball House be tween Mr. T. D. Cushman, a brother-in- law of one of the Kimballs, and a Mr. Hall, Mr. Crittenden’s hostler, in which Mr. Cushman was shot. The ball, which failed to penetrate to the vitals, entered the breast and glanced, aronnd one of the ribs without serious injury. Mr. Hall was arrested. The altercation was occa sioned, we learn, by some old grudge and a misunderstanding about some har ness. Euphonious.—They have a thriving village in Robeson county, N.‘ C., known by the name of Shoe HeeL It has good buildings, several stores, some manufac tures, and is in a flourishing condition— so the papers say. Arctic Explorations.—At one period during the day yesterday the Thermome ter was twenty-two degreesFahrenheit be low freezing. It was at 20o F. last eve ning at dark, with a rapid downward tendency. The Superior Court was employed all day yesterday in trying the case of Wm. H. JRazors, charged with shaving Archer and Taylor, or in legal vernacular “Larceny after Trust.” He was accused of failing to m»ke return of sales of horses entrusted to him. The Elective Franchise has a wide liberty in Chattanooga; In municipal elections, any man who owns real estate in the city, can vote—no matter where his residence may be. Two citizens of Atlanta were in that town on the day of their election for Mayor, a few days ago, and voted in the election, the same rs citizens there, be cause they happened to own property there. GEORGIA MATTERS. Harry Seymour enables the Savannah people to see more of the drama during the present week. A gun-powder pile-driver is getting ready to play upon the credulity of the Savannah people. The Bibb County Agricultural Associa tion is advancing toward the establish ment of an agricultural museum. A pistol fell from a Macon mantel, on Sunday, and was discharged. The ball passed through the hand of one negro boy and lodged in the head of another. Tbe latter died instantly. Rascals amuse themselves by firing into the trains on the Brunswick and Albany Railroad.’ No one hurt as yet; The Brunswick Appeal of Saturday, has the following: The counsel for the. com plainants in the application on the part of the Governor and others for an In junction restraining the lien creditors of the-B. & A. Railroad, from selling the property levied on, asked, ou Wednes day last, to amend their bill by inserting allegations that a number of the claims upon which lien executions had been is sued, were for work done for H. L Kim- ball„& Co., and not for the Brunswick and Albany Railroad Company, and that the road had never been delivered into the possession of the Company, and the .appointment of a Master in Chancery to investigate the claims and report thereon to the Court, at some future day to which the hearing should be continued. Messrs. Hood, Basinger, Hines, and John L. Harris were heard in favor of the Ap plication, and Messrs. B. • F. Harris,' Belford and Smith conti'a. His Honor, Judge Sessions granted the application, and appointed Col. John D. Rumph, Master in Chancery, and the secohcl Monday in next for the hearing. “A hotel we must have,” shouts the Brun8wick"Appeal. ■ ' The Bainbridge Argus, that was, is now tfie Bainbridge Democrat. Columbus is heroically moving toward an ice factory. Iff such weather as this? The Savannah News of Monday has the following account of a brave effort made in that city to rob the Southern Express Company: One of the boldest attempts to rob the Southern Express Company took place on last Friday night about 6£ o’clock during the heavy rain storm which prevailed at the time. It appears that while one of the large wagons was waiting at the door on Bay street for the freight for the Central Railroad'depot, and the messenger and driver were in side, the former getting his way bills,&c. ready to start, and the latter making his return of goods delivered during the day, some unknown parties jumped into the wagon and succeeded in driving off unob served, owing to the noise, on the street and the rain storm. Fortunately no packages were in the wagon, and, of course, the money safe was still in charge of the messenger and in the office, and the would-be robbers got nothing for their trouble. As soon as the theft was discovered, notice was given to the police authorities, and employees of the com pany sent in search of the missing vehi cle; but no trace of it could be found anywhere. About nine o’clock, however, the colored hostler at the Express stables on Congress street saw the wagon stop near the corner of Drayton street, and a white man jnmp off the seat. On ques tioning the party he stated that he found the wagon up the street and had been driving about town looking for the stables. He said he was a stranger in the city, but would not give his name to tlie hostler, and made off as quick as possible. This was, undoubtedly a bold venture on the part of some of the thieves who have been attracted to this city by the crowd of the last two weeks, and who, suppo sing that the messenger’s safe, with money packages in it, was in the wagon, made a well planned effort to rob it. GEORGIA .LEGISLATURE. TWENTY-NINTH DAY’S PROCEEDINGS. SENATE. Tuesday, December 5. Senate met, President Trammell in the chair. Prayer’ by Rev. Mr. Ketchum. The roll call was dispensed with. Journal approved. Ui Mr. Nicholls moved to reconsider a bill to equalize taxation lost on yesterday, providing for the appointment by the Ordinary of a board of three tax asses sors for each county, passed on yester day; carried. Mr. Cone moved to reconsider a hill to create the Oconee Judicial Circuit out of the counties composing the Southern, Macon and Middle Circuits. The motion was lost by: Ayes 12; nays 19. - I A report of B. B. Woodruff, Architect, appointed by the Committee on Public Buildings to inspect the State House, with various recommendations attached thereto, was read. The report contained a thorough analysis of the construction of the building, and recommended the removal of the State Library, as produ cing an undue and dangerous pressure upon that portion. A inessage from the Governor, trans mitting the report of the Board of Vis itors to the Atlanta University, and rec ommending a liberal appropriation there for; also, a message transmitting the report of Trustees, Superintendent and Physician of the Lunatic Asylum; read and referred. Mr. Erwin offered a resolution that the Governor be requested to have removed a portion of the Library books to other rooms in-the Capitol; adopted. On mo.tion of Mr. Nicholls the rules were suspended to take up a bill t > in corporate the Land Grant Board, and for other purposes. Mr. Nicholls offered a substitute ap pointing the Executive Board of the Ag ricultural Society to receive the Agricul tural College Scrip, donated to the State; to locate the lands under the same, and report to the next General Assembly. Mr. Jones offered a substitute to create a board of Trustees to receive said scrip, and locate said lands, composed of the Governor, President of the Senate, Speaker of the House, Chairman of the Joint Committee on Agriculture and Man ufactures, the President of the Agricul tural Society—or their successors in of fice; and to give the benefit of pne-fourth of said donation to the colored popula tion. Lost by: Ayes 16; nays 20. Mr. Bruton' offered an amendment to the substitute of Mr. Nicholls, 1 that the benefit of : one-third of said lands, when sectored, shall be allowed to the Atlanta University. Mr. Hinton hoped that the amend ment would not be adopted—nor any amendment which looks to the distribu tion of this fund until it is secured. Up on the policy of securing the fund all are agreed, and after that has received due attention, the distribution can be satis factorily effected. Messrs. Brown and Nunnally were op posed to the amendment, because they considered no provision of that sorb nec essary until the fund is secured. Mr. Jones was willing to allow that portion to the colored population, but not to the Atlanta University exclu sively. By permission, Mr. Bruton substi tuted colored people-for Atlanta Univer sity. The amendment was lost by— Ayes—Messrs. Anderson, Brock, Bru ton, Jones, Jordan, Reese, Smith and Steadman—8. « Nays—Messrs. Black, Burns, Brown, Campbell, Clark, Colman, Cone, De- veaux, Estes, Erwin, Griffin, Hicks, Hillyer, Hinton, Hoyle, Jones, Kirkland, Kibbee, Lester, Matthews, Nicholls, Nunnally, Peddy, Richardson, Simmons, Wallace, Wellborn and Welch—28. The substitute proposed by Mr. Nich olls was adopted by: Ayes 23; nays 14. The following bills wer6 read the third time: / , To incorporate the Dahlonega and Gainesville Railroad Company; ’passed. To incorporate the Merchants’ Mutual Insurance Company; passed. • To incorporate the town of Austin, Thomas county: passed. To secure counsel fees in certain cases; passed. .' To fix the compensation of Clerks and Ordinaries on applications for setting apart of homesteads and exemption of personalty; passed. To provide for farming out convicts, and for other purposes. Mr. Nunnally moved to make the bill the special order for Thursday, and that fifty copies be printed. Mr. Candler ? spoke in favor of the mo tion and of the bill. He considered it one of the most important measures that hadcGme before the Senate, and all nec essary time should be devoted to its cou- si deration. Some suitable provision must be made, and it behooves tlie Leg islature to treat it with the importance it demands. Mr: Simmons moved that when the Senate adjourns it shall adjourn to meet at 3,-p. h.; carried. Mfcssrs. Burns and Wellborn opposed the motion, on the ground that the ses sion is too near its close for. the delay, arid nothing can. be accomplished by it. The motion was lost. Mr. Kibbee moved to take up the hill by sections; carried. The first section authorizes the Gover nor to farm out for a term of years, not exceeding two years, the convicts, for a price not to be less than $25 per capita annually. •’ ' Mr. Jervis moved to strike out $25 and insert $50 per capita. The Senate adjourned until 3 o’clock. afternoon session. The Senate met, President Trammell in the chair. The consideration of the bill to pro vide for farming out convicts was re sumed by sections. The 1st section provides that the min imum price at which convicts shall be farmed out shall be 25 per capita. The amendment of Mr. Jervis proposed to strike out 25 and insert 50. Mr. Kibbee stated that that rate was the result of careful calculation as an av erage rate in view of the inefficiency of most of the convicts, and their total inability for a considerable time after be- iiu brought out of jail. The amendment of Mr. Jervis was lost. Mr. Kibbee offered an amendment al lowing the Governor to farm out the con victs in such numbers as he deemed best. Mr. Nunnally said the reason alleged for making the number discretionary with the Governor, to-wit—the increase of revenue thereby—was the very one which influenced him in objecting to the provision, for it would result in having the convicts farmed out according to their ability for work to a large and indefinite number of contractors, and that a large number of inefficient convicts who could not be farmed out at any rates, would be thrown upon the State to be fed and guarded, and otherwise involve great ex pense to the State. Mr. Brown considered the policy of farming out the convicts in small num bers decidedly the best, for they would bring.higher rates, and would probably be better cared for and more humanely treated. Mr. Jones called the previous ques tion. The amendment of Mr. Kibbee was adopted. Section 1st was then adoptedii— Mr; Burns called the previous qnes- ion on the passage of the bill. The call was sustained and the bill passed. Bills on third reading: To amend an act to protect the people of this State in the sale of kerosene oil- passed. /-To amend an act to provide for fur nishing panels of juries iu certain cases- passed. ’ To ’ provide for paying off the public debt of the State; to pro vide the means therefor, and for other purposes, providing for paying the bonded debt of the State from the earnings of the Western and Atlantic Railroad. On motion of Mr. Burns the bill was made the special order for to-morrow. To allow the Ordinary;! of Pulaski county to issue bonds to build a Court House. To amend an act to incorporate the Atlanta and Blue Ridge Railroad Com pany, and for other purposes; passed. To change the time of holding the fall term of the Superior Court; passed. To prescribe for the payment of insol vent costs to the county officers of Upson county; passed. To amend an act to amend and extend the charter of the Atlanta and Roswell Railroad Company; passed. To change the time of holding the Su perior Court of Jasper county; passed. To amend the attachment laws of this State, and to authorize the issuing of at tachment against the purchaser, of prop erty not paid for for the purchase money of the same; passed. To make penal the sale of personal property subject to mortgage; passed. Senate adjourned until 10-morrow. HOUSE OF REPRESENTATIVES. House met, Speaker Smith in the chair. Prayer by Rev. Mr. Heidt. Jour nal approved. Mr. W. D. Anderson moved to recon sider the action of the House on yester day in passing a bill to incorporate the Atlanta and Tennessee Railroad Compa ny. < He wanted the reconsideration in justice to the Marietta and North Geor gia Railroad Company, which has al ready been chartered and hindered by H. I. Kimball, who was a curse to it, as well as to the country. The Atlanta and Tennessee Railroad will cover pretty- much the same line, and there certainly will be no use for both. Mr. Simmons, of Gwinnett, opposed the motion. He was in favor of allowing a charter to any Road proposed to be built by private subscription. Mr. Jackson also opposed the motion to reconsider, remarking that the charter asked for now will complete a chain of railroads through Kentucky, Tennessee and Georgia. He was willing to charter any road which private persons propose to build with their own money. Mr. Pou thought there was no reason why fair competition between railroads should not be allowed, and was in favor of granting the charter asked for. More over, $15,000 per mile State aid has been granted to the road from Marietta, and yet pot a lick had been struck on it; and refilling this charter might defeat a road through that-section of the country. The motion to reconsider was lost. Mr. Simmons of Hall moved to recon sider the passage of a bill to amend the charter of Gainesville, &c., with a view to striking out the 14th Section of the bill,‘which legalizes the subscription of Gainesville to the Gainesville and Dah lonega Railroad. He said the people of Gainesville are almost unanimously op posed to that feature in the bill. This motion to reconsider prevailed. Mr. Hunter moved to reconsider a bill to create a new judicial circuit, iu order to substitute a.Senate bill therefor. The motion prevailed. Mr. McMillan moved to reconsider the loss of a bill to establish a system of pub lic instruction for Lumpkin county. Mo tion prevailed. Mr.: McMillan moved to reconsider the action of this House in laying the report of the committee in the case of Houston vs. Blue on tkq table. Mr. Phillips, Chairman of the Commit tee on Privileges and. Elections, said there was only one question in the case, to-wit: whether'or not the votes of per sons who had not paid their poll tax were legal or illegal. He discussed the legal points involved, and argued that under tlie : Constitution the votes must be held illegal. Mir. Simmons was opposed to recon sideration, and said, although the Con stitution requires that persons shall pay all legal taxes before they are entitled, to vote, yet the Legislature declared in 1870 that no poll tax should he collected, and tax collectors were instructed not to re ceive it; and if the non-payment were sufficient, a great many Democrats would go out. He had as gre/lt a contempt for Republicans and tjieir principles as any man', but hq was prepared to do justice. Ofi the motion to reconsider, the yeas and nays were called, with the following result: Yeas, 31; nays, 111. Mr. Jackson moved to take up the bill to secure to educational purposes the fund now due to the Educational Depart ment. He said he thought he could sug gest an amount to insert in the blank which would meet general approval. Mo tion prevailed. He proposed to insert $327,084, the amount of poll tax collected and tho liquor tax collected since 1868. Mr. Putney said a much larger sum than the amount proposed was due to the Educational Fund, and the interest on $327,084 would not meet the demands and pay teachers for services already rendered. The passage of the bill in the proposed shape would amount to repudi ation and render the law useless. Mr. Jackson, also, moved to amend the bill by ordering the destruction of all bonds issued by the Legislature in 187U; earned. The motion to fill the blank with $327,- 084 prevailed. Mr. Dell moved to further amend by prohibiting any further issue of bonds for educational purposes under pre-exist ing laws. This amendment prevailed, and the bill as amended was passed. Mr. Pierce offered the following reso lution: Whereas, the present State School Commissioner is a stranger to our people* and is little acquainted with our wants and desires; that under his management the system of Public Instruction is now, and will always, be a failure. Therefore be it resolved, That he he requested to resign at once the office he how holds. ^ On the motion to adopt, the yeas and nays were called, with the following re sult; Yeas, 115; nays, 26. Mr. Hoge offered a resolution tender ing the use of this hail to the Democrat- [CONTINUED ON PAGE 3.]