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'tVcrklii jflcu- (f’va. Official Journal of tire United States. Official Journal of the State of Georgia. OENKIIAL (alt A XT, Tuz Pilot who cm and will odide the o? Stats safely theocoh every storm. THE XEW ERA Will Vindicate the Pewciplis and the Policy o? the Republican Party, and Sup port its Nominees, State and National. teroua piece of legislation was never attempted; | a more grorfs and inexcifaable outrage upon I tha vested rights of officers, or a more direct insult to the people who commissioned them, J has perhaps never been recorded in the annals of partisan warfare, or in the records of legislation. It is a matter of con- | the labori gratnlation therefore, with every true citizen of Georgia, no less than with the Republicans of the State, that Georgia has been admitted without restrictions, and that her new Govern ment will be permitted to enter upon its legal term as provided in the new Constitution. TERMS OF THE M EEKLY : THE DAILY 1 Copy oi 1 Copy si Copy, la Tin ATLANTA, GEORGIA, : JULY 19, 1*70. Opinion*. Wo find the following in onr onr press dispatches from Washington: ■‘II. P. Farrow, ono of the Georgia United States Senators, has issued an address to the Georgia Legislature. He takes the position that the bill adinittiug Georgia leaves the Con stitution untouched, and therefore the election inusftake place ill November; that it would justly ruin the party to jrerpetuate themselves in power. He is diametrically opposed to Governor Bullock and Blodgett." The telegraph-man volunteers tho state ment that Col. Farrow is “diametrically op posed to Governor Bullock and Mr. Blodgett." So for aa we are advised, neither of these gen tlemen have made public any opinion they may entertain,upon tho proper construction to tie given to tho Georgia Bill as it passed, but any and every person is entitled to opin ions and to the expression of them, and some light may bo gained by using even the dimest lamp. All will be useful in aiding the Legis lature—the only authority which can d. cide the matter—in reaching a decission ns to the timo when their term undo- the OmstUution commences. That the term ends two years after tha Constitution becomes tho funda mental law, no one will deny. That the members were elected under the constitution, no one will seriously affirm in face of the fact that the Constitution was voted for on the same days and in thesame ballot boxes that tic mem bers were elected. If the organization of the Leg islature in July, 18G8, was valid, and the Con stitution was then the fundamental law in fact as well as in theory, then Messrs. Hill and Miller are the legally elected Senators, and ought to bo admitted. If, on the other hand, as Congress has in effect declared, tho organi zation of 18C8 was not in accordance with the Reconstruction acts, and the Act of December, 1888, was necessary to effect a legal organiza tion, then Messrs, Farrow and Whitcley are the duly elected Senators, and should bo ad mitted. This being trnc, tho Constitutional term of the members of the Legislature com mences from tho date of snch organization. Of course tho Constitution it “untouched' in either casi, hnt the question is, when did the civil government of the State, cease abso lutely to rest upon the basis of the Reconstruc tion acta, and become recognized by Congress as a civil State government, resting npon the uew Constitution, entitled to representation in the Union? r s This is tho question 1 which the General Assembly will decide for itself, and from snch decision there can be no appeal, and no re versal exoept by act of Congress. These were among the first—perhaps the ! of very first—distinctive measures of the Re- 1 publican party of the State; and they came a time when Christian philanthropy and a sense of public justice, demanded them. It was at a time* of general destitution among and when apprehen sions were entertained of great distress and hardships among the masses. Governor Bullock had just cutered his ConslH iional government of the State. ! Legislature this fall as the Senate amendment ] > if to leave no room for doubt ] provides The Gforgia Cnie Settled* The bill for tho admission of Georgia, paused the House Thursday morning, is, with the exception of ono or two verbal alterations, the same as that originally passed by the Honse as reported from the Reconstruction Committee. It places the question of an election at the disposal of the State Constitu tion as interpreted by onr State Legislature. It thou recognizes the validity of the -election of 1868, had for officers of the State govern ment; officers who were to enter npon their duties ns such when Congress should take the State from under tho United States authorities, and place it upon the basis of the new State Constitution. This is all that Georgia Republicans have ever naked; and this action by the United States Congress, though long delayed, is a full endorsement, of tho position of the Admin istration, to wit, that, up to tho timo the State should be admitted by special act of Congress, Georgia was under tho United States authorities, and her new constitutional Government therefore merely in abeyance. If in abeyance, then, it enters upon its constitu tional term when the State is Liken from under the Federal authorities, and placed under the government prescribed in her own Fuudamen tal Law, as provided in the Bill just passed. The Constitution of the State provides that tho Governor and the members of the Legis lature shall hold for 1 the term of fonr and two years. Congress approved this feature of the Constitution as “ republican in form,” July ‘25th, 1868. The Governor and Legislature were chosen the samo year, but not necessa rily to act as provisional officers during the time that might elapse lx-fore the State should be admitted. The people had no authority to do that—none whatever, cither from their own Constitutional Convention or from Congress. These officers were therefore chosen to act as the first set of State officers whenever Georgia should bo clothed with tho dignity of State. They had no authority from the people of the State to do anything prior to the admission of tho State, except to elect United States Senators, and await their admission. In the meantime, tho State was entirely under tho control of the Federal Gov ernment; or, in the language of Attorney Gen eral Akerman, there was “no lawful authority in Georgia except the Reconstruction Acts of Con gress and the District Commander.” But the United States Government might authorize, suffer these same persons to act os provisional officers white awaiting admission, and this was doneas it had been in other ttites. But that neither enlarged nor'diminished their right under the people's commission; and henco it follows that whenever the State is admitted, the official term for which they were commis sioned by the people begins, but not a moment before. From thence, the State Constitution provides how long they shall continue. It was not a question for Congress, and hence, was very properly left with tho State by tho Act just passed. Thera never was any pretext for setting aside the election of 1866, since it was a fair and legal one. In fact. Congress never had the authority to do so; nevertheless, that body was repeatedly importuned by Democratic leaders and sore heads, to attempt it iu tho pi«nn>f and form prescribed iu the Bingham* Farnsworth proviso. Tho whole issue, when divested of its surplusage, was simply this : By the permission (or sufferance) of the Fed eral Government, the officers elected in 1868, to membership in a constitutional State Gov ernment, (to enter upon their duties when such Government should bo established), have been acting as provisional officers for the last year and a half, ami part'of that time in tho belief tint the Slate had been admitted ; und whilst it was not pretend**! that I bn. fact inter]*): any legal disqualifications, or that ih.y were vorec for a little experience, the Bingbamites proposed. to exclude them after the State should be in fact admitted! A more prepos- rgin Bill mid our .Suit L.rgi»ln- tare. The legal argument involved in the relations Of the Georgia Bill to our new State govern ment, is exhausted in tho masterly speech of Mr. Scofield, delivered during the discussion of the Bill in the House,*and which we publish this morning. It should command the careful perusal of every niau in Georgia, and espe cially of the members of our Shite Assembly. It effectually disposes of the cant about “pro longation,” “extension,” “usurpation,” Ac., as resorted to by the Democratic press, in their discussion of the issue involved in the admission of the State, and its bearing upon the official term of tbe officers elected in 1368. If that election was legal, then any propo sition looking to an election this fall, was simply and purely a revolutionary proposi tion. It sought to s»-t aside the commission of the people, and to deprive the legally elec ted and eligible officer^^^their vested fran- Mr. Scofield shows that, as a legal proposi tion, the scheme for an election this fall, based npon tbe assumption that the terms of these officers began nearly two years ago, is simply absurd. They were elected as tho first set of State officers under tho new State Constitu- tion, to enter npon their duties when Georgia should be clothed with tho dignity of a State. Their term as such officers, conld not, In the very nature of the case, begin before the ad mission of the State; because, previous to that time, the State was under the exclusive control and government of the United States authorities, and not under her own Constitu tion. If they (by tbe permission or sufferance the United States authorities) acted as pro visional officers daring the interim interven ing between the time of their election and the admission of the State, they oj course derived their authority from the United States, and not from the people of the State. Their com. mission of authority from tho people, re mained in abeyance; and their selection to a provisional office, by the Federal authorities, did not work a forfeiture of a franchise con ferred by the people, and which was to come into being when Georgia was admitted. Aside from the revolutionary features em bodied in the Bingham proviso, it did not, as measure of public polity, meet the approba tion of the substantial men of Georgia. Men who represent the material interests of the State, wanted no election this fall. They did not desire a re-opening of issues settled by the election of 1868. They had accepted the Con gressional plan of Reconstruction as the set tled policy of the Government They had abandoned the Andrew Johnson theory of ‘restoration,” and recognized his “policy failure. They had made up their minds to a State government brought into existence through the Reconstruction process, and only awaited tho admission of the State, to recog nize the authority of the State Government elected in 1868. Recognizing that election as legal, they were willing to abide its issue. They recognized tho eligibility of the persons elected to office in the State Government, (to be installed when Georgia became a State,) had stood at isiness circles; is still in tbe asures of his, man, and his s to the high Mr. political career. Hitherto, the head of commercial ant as a statesman Lis recore future; but this and other measur pointed him out as the coming man nomination by the Republicans to office of Chief Magistrate, was more of course than the result of diploin; Blodgett, being a man of the People, was then, as 'now, in full sympathy with them. His “Homestead” measure responded to the wants and necessities of the toiling mosses, and to the common sense of all classes regard less of mere caste or party. And it was this perhaps, as much as any one act of his life, that made him tho choice of the Republican masses for tho honorable position of United States Senator. NIr. Dana, am Among the persi hi* Ge nts of tent, petulent assail President Grant’s Administration, fa the New York Sun, a newspaper of commendable en- terprise and respectable ability. Every issue of that journal, for twelve months past, has been marred by some ill-concealed malignity towards the President. It was also foremost among the advocates of the Bingham Amend ment to tho Georgia bill, and had many covert flings at Gov. Bullock and tho Provisional Legislature of this State. Under these circumstances, it became popn- lar with the revolutionary faction of tho Geor gia Democracy. It became high authority with our provincial Democratic press. They copied its diatribes npon the President with great avidity. Tjfiy ’wre> awift to appropriate from its columns whatever they saw therein inimical to the State administration; and they took especial pains to inform their readers that the Son was a Republican paper, thus seeking to deceive and mislead their readers in respect to the nature of the source from whence they drew their inspiration. A few days since, this leader of the Ishmolit- ish, anti-Administration faction of the Democ racy, contained a letter from Atlanta, detailing the particulars of an outrage, alleged as having recently taken place in Forsyth county, in this State. The transaction, as recorded in the Sun, was a most revolting affair; but the Sun's account of it produced no response from its echoes in Georgia. They all passed it over in silence! Not one of them even alluded to it! Were the facts therein stated true? Then why did the local papers suppress them? Were they false ? Then why did they not say so? Were they interested in tho suppression of the it respecting hi* opinion of the legal effects of a the Bill iu its relations to our State Govem- Itlment. Judge Bingham, in tho course, of the same speech, said: “Instead of further conditions, Mr. Speaker, it is nmc proposed that by Uiw icc sfiall make tl*e, legislature of Georgia, date feom the passage of the hell now uefobe us. The gentleman from Pennsylvania [Mr. Scofield) has the can dor to admit it, us I expected he would, it follows of necessity, from this legislation, and the light of the conduct of the present Gov- aor of Georgia, (Governor Bullock,) who in every official document since January last has designated himself as provisional governor, and the Legislature as the provisional Legisla ture of Georgia. ” Now, can there be any doubt in the mind of any rational man but tbat Mr. Bingham understood the Bill as a prohibition of an election this fall? Judge Bingham’s clos ing remarks in his speech against the Bill are in these words: I am for the section reported by the gentle man from Massachusetts, [Mr. Butler] author- * tho Statejto organize their militia. I have no objection to it. I supposed that restriction had been repealed long ago. Assuming it has not, I am for allowing the State to organize their militia. I do not donbt the power of the President to intervene there or anywhere, un der the general laws, to suppress domestic vi olence. Lethimdoit. Now, with a militia organized under a Governor on our side, un der a Legislature on onr side, with laws en acted bj* onr own friends, if we cannot carry the election, shall we for that reason refuse to allow the people of Georgia to vote as pro- dod in their Constition, which wo have ap- oved? Sir, that is a most lame and impo rt conclusion, ami if it prows anything it oves too much, and is therefore utterly >rtliloss for the porpose of this argument. If the people cannot have a peaceable election, having the whole legislative power in their hands, backed by tbe militia and the power of the United States, then they are not fit to be admitted to representation on any terms. If they can, they ought to be. [Here tho hammer fell.} Will any man in his senses now say tbat Judge Bingham and those who constituted his faction in the House, did not oppose this Bill because, and only because, it prevented an lection this fall as proposed in the Bingham proviso ? Mr. Garfield, of Ohio, another prominent advocate of tho proposition contained in the Bingham Amendment, in the course of his re marks on this bill, before its final passage, said: There are about three classes of conditions pending. In the first place, the Senate has sent us a bill in which it fa definitely prescribed that Georgia shall on a certain day of Novem ber next bold on election for members of the Legislature, and that she shall then be enti- Nq oidinary exigency could warrant or - ex cuse tho chairman of the committee and his friends in'reporting again a bill which both Houses had rejected, and in attempting to ex clude, even from consideration, a provision sustained by a majority of the committee and indorsed by both Houses of Congress. The truth may ns well be avowed; they are deter mined, if possible, iu plain, palpablo viola tion of the constitution and laws of Georgia, niter disregard of the decided action of both Houses of Congress, to perpetuate the pow er for two vears longer of Governor Bullock and his Logos Legislature, and therefore postponed the report till the very heel of tho session, when it was supposed the chairman of the Committee on Appropriations would succeed in cutting off debate by threatening us with an extension of the session if we did not lay aside overything and take up the appropria tion bills, or that the chairman of the Com mittee of Ways and Means, or some other leading Representatives, would always secure tho floor and exclude this bill, or at least put the gag on all who sought to oppose or expose it. "Want of time for discussion was to be the excuse to the House and the country for tho wav it was expected to crowd it through. These extracts might be extended to an al- ost indefinite length. The whole discussion however shows beyond the possibility of ques tion that the Democratic members of the House and those Republicans who acted with Judge Bingham, opposed the Bill in its present shape because (as they said) it prolonged the term of the State Government of Georgia.” THE REAL ISSUE. | Debate oil tlic Georgia Bill. and governing as such till March 2, 1867. The President also claimed that they were restored, and advised Congress of the fact, and also advised them that nothing remained to be done except tor Congress, each House acting sejxirately and indepeddent of I the other, to admit Senators and Represents - SPEECH OF 3111. SCOFIELD! “n P»gr«R wpnd&tea tint, advice. OX THE LEGAL STATUS OF THE GEORGIA LEGISLATURE. Tiic Terms of tile State Officers lieeriu with the Admission of the State. A MASTERLY LEGAL OPINION. tli\. In Kiiropc—Will there lie AVwrl be tenor of yesterday's dispatches is of sucli a nature as to rofuto Napoleon's famous assertion, “Tho Empire is peace!” Tne nu- iuitiated supposed that Holienzollern’s with drawal would end tho little “unpleasantness* between France and Prussia. But it did not change the situation in the least. France has never assailed Hohenxollem. Prussia was the object of her displeasure, from the first— King William endorsed the candidature of Ho- henzollern, and it must be understood that he did slot withdraw the Prince, but the Prince withdrew himself; thus leaving Prussia and France occupying the same positions, with reference to each other. Prussia stands com mitted to a policy which will make Spain her natural ally, and France, tree to her past, and true to her interests, determinedly opposes an attempt to destroy the balance of power.— People not versed in European politics, think that France has no casus beUt; that «hc has received no provocation, and is not justifiable in drawing tbe sword before an overt act on the part of Prussia. But that is not the prop er view to take of tho matter. The truth is. dor of that portion of the Democratic press that have hitherto been the convenient ecboes- of tbe Son. Tbe Ea* copied this letter without comment, simply as an item of news; or rather as a bit of rnmor that bad obtained credence abroad, and been endorsed by a leading Democratic newspaper. WTe knew nothing of the facta, and were surprised to observe the death-like silence of the Sun's echoes in tho locality where the outrage is alleged to have taken place. We know nothing of the farts now, and are mere ration; .than ever .to see what . ilm III mm min 11 nl fill ifcWsIWipa and conld not understand how the appoint- I per have to say in explanation of their reti- ment of these persons to provisional offices, | ense !e disqualified them for the discharge of the duties to which they have been commissioned by tbe people, especially os they conld not en ter npon the latter until the former should become inoperative. The opposition to the unconditional ad mission of the State came from those in Georgia who opposed Congress, and supported Mr. Johnson in 1806; from those who opposed the Reconstruction Acta of 1867; from those who opposed the Constitution in 1868; from those who either directly advocated the expul sion of the colored members, or who ac quiesced in that outrage after its perpetration by a revolutionary faction; and from those who opposed, first the Act of December 22, 1869, and then its execution. Iu some in stances, these parties were co-operated with by a few dissatisfied, unstable, ambitions, ir responsible, adventuraome, venal or weak minded men, who had previously claimed membership in tbe Republican organization. These persons believed that some measure like that proposed in the Bingham proviso, would ultimately prevail; and consequently, Prussia has committed an overt Act in support- tied to representation iu Congress. To that | fog Hohenzollern. The withdrawal of that EL’iSlSSS: {K? Prio “ m * k * DOt the sli « w r an amendment, which also proposes that Geor- the status of aflairs. The policy has not been gia shall be admitted to representation, but is withdrawn, and that means danger to France, silent npon the question of the election. Tho ThCpolitical cquaibnum of the continental CS&BSMi 2*5?$$ posted that the members of the Committee on Reconstrue-1 slightest thing changes the “balance of power.' tion, which declares that this bill shall not be I This “balance of power” must be understood focta? or were they merely interested iu sus-1 construed to prevent an election. _The gentle- in order ,to appreciate European politics, taining the character of the New Tork Hon for "nm^ffineS'tolctTh^ State ofGeoighTio! the Constituion is to a confederation of veracity and correct information? Take either 1 but fa also silent npon the subject of an elec-1 States; what the “Monroe Doctrine” was to reflects no.j tion; but it remands that subject, as the gen- | our Republic in its weaker days, the “balance of power” fa to the nations of Europe. It is, fact, their International Constitution, chocks and restraints, are the safeguards of national existence, and any attempt to violate* them is a casus belli This much being premised, it is easy to understand the present attitude of France, It is tho cherished desire of tho Emperor Na poleon to preserve his dynasty. He is ono of tho most remarkable men of the age. The vi cissitudes of his life, nuequaled iu history or romance, prove him to be an extraordinary being. Beginning his imperial career with horn of the dilemma, and the < w credit upon either the enterprise, or the can- ! ti eman would say, to the authorities of' tha BUI hi It Is Passed. Some of the Bryant faction of the Georgia Democracy, are endeavoring to create the im pression npon their followers that the Geor gia Bill, as it finally passed, makes the ques tion of an election this fall a mooted one, and that hence a construction of the Act providing for on election is admissible ! How they can do this in face of the opinions of those who opposed the bill because it defeated the scheme for a new election, it is difficult to tell. Even Jndge Bingham himself, the author and champion of the restriction looking to a new election in 1870, understood this bill as com pletely forestalling an election by recognizing the term of onr State officers as beginning with the admission of the State as provided iu this Bill. This will appear from the following ex tract from lifa speech on the Bill pending its passage Mr. BINGHAM. Mr. Sneaker, inasmuch os' I voted before for the bill declaring Georgia entitled to representation in Congress with that ti.e Repub.icaa i*rty in GeozgU, ~ & the honorable gentleman from Pennsylvania near ita dissolution. And in view of that con tingency, and in order to keep to the surface, they loaned themselves aa decoy leaders of the anti-Reconstruction faction of the Democracy, headed by a clan of desperate and reckless leaden. Bnt tbe ordeal Is now passed. Tbe State is admitted without tbe restriction sought to be imposed by this faction. Republicanism is again triumphant. The Reconstruction policy of Congress has been vindicated. Tbe loyal people of the State are protected, the rights cf the Legislature guaranteed; and it only re mains now for the Republican members of the Ilonsc and Senate to stand up to their colon; to remain true to their constituency, and true to themselves. And this we feel assured they will do at all hazards; for those who have braved the storm through tbs »<»tb trial, will not falter in the seventh. The Relief anil Homestead Mt.'-ure*. On the third day of the session of the Geor gia State Constitutional Convention, Hon. Burns B. Bollock, then a member of the Convention, now Governor of the State, intro- [Mr. Scofield,] to take np any portion of his time in suggesting anything to tbe House about what I bad said touching the effect of such an act of admission without any limita tion upon the act. I have noticed in the progress of this debate that tho gentleman was not candid enough to say to the House for himself tbat it was his own jqdg- ment as a lawyer, that the passage without State of Georgia. . Now, so tar as my own vote is concerned, I should have no trouble iu voting for a sin .'lc set of admission of tho State of Georgia, wi h- ont remark or explanation, if I had not been pnt npon my inquiry os to the effect of such a vote. H nobody hiul told me iu an oflicial or on unofficial way what would be the effect of a simple act of admission I certainly would vote for the naked proposition to admit the State. Bat I am informed, in a way that 1 cannot donbt or ignore the foct that it will be understood and taken for granted that the simple admission of the State of Georgia will extend the term of office of persons elected to State ofticeng twoyears long. - thaw the 'Cbn- stitntion under which they wore elected con templated. After quoting from Governor Bollock’s ad dress to tho Republican members of the Uni ted States Senate and House of Representa tives, where the Governor nrges as reason why the Bingham, Amendment or ita equivalent should be defeated, that it would deny to the members of tho Legislature of Georgia the two years of legislative service to which they arc entitled; anil from the Constitution oi tho Staff.' providing for on election every two years, etc. Mr, Garfield said: Now, the constitution does not provide tbat the person thus elected shall actually enjoy the title and privileges of membership for jast two years; bnt it declares that after this first election there shall l>e on election every two years. Now, the term of “ two years there after” falls within the year 1870; and shall we because thaw members have been defraud ed of part of their two years’ term violate the constitution of Georgia and declare,'or imply by our action, that there need not be an elec tion two years after the first? That is the question we are called upon to determine. But we are told that “if a new election be held this year, these men will not enjoy their full two years." Neither does a man enjoy his foil term, of service when by any casualty of political life he- is not permitted to take his seat at tbe beginning of his term. How fre quently do we see a member of this Honse kept out of his seat by an election contest un til a few days before tho final adjournment of Congress. However great a hardship this may be, can he bold over for two years into tho next session of Congress, and enjoy his term then because ho was equitably entitled to two years service in Congress? I do not wish to interfere in any election that has been held or is to lie held in tho State of Georgia; and having been notified that onr silence on this subject will be construed into an extern of tbe time of the State officers and mem- From tlie Congressional Globe, June 24.] Mr. SCOFIELD. I ask tho Clerk to road tho substitute moved by the gentleman from Massachusetts, [Mr. Dawes.] The Clerk read as follows: Section 1. And be it further enacted, That tho State of Georgia having complied with the reconstruction Acts, and the fourteenth and fif teenth amendments to tho Constitution of the United States haring been ratified iu good faith by a legal Legislature of said State, it is hereby declared that tho State of Georgia is entitled to representation in the Congress of the United States. - Mr. Speaker, I support that substitute, is stripped of all conditions and involves only this question, is it important that any law' for the admission of Georgia should be enacted now or at any time? According to the Demo cratic theory of treating the seceded States, it is not; but according to the Republican theory, it is indispensable. The Democrats have al ways held that these States have all the time been entitled to representation; that their Federal relations were never severed, aud tteu all congressional legislation upon that subject was unconstitutional and void. The Repub licans, on the contrary, have held that all legitimate State government va3 destroyed by the raibellionand that the relation of these people to the Federal Government was similar to that held by tbe inhabitants of an unorganized ter ritory. To convert such a territory into a State required three successive steps in legisla tion: First, an organizing act creating a territorial government Second, an enabling act authorizing the peo ple to frame a constitution and elect officers ureparatorv to admission. Third, an act approving the constitution as republican in form, and admitting Senators and Representatives in Congress. Under different names we have applied this theory and its three legislative acts to the con federates States. We have changed a few words, to reconcile those gentlemen who could rot at first adopt the territorial theory. So “territorial” is softened into provisional,” “en abling” into “reconstructive,” and “admis sion” into “restoration.” Whatever somoper sons may think, or however illogical they may reason upon tho subject, the meaning fa the same and tho assumption of power the same. It is true that in dealing with these States we have not always exercised all the authority claimed under this theory. We have some times adopted governments which we did not authorize and .called them provisional, and once admitted a State with a constitution which was not made in pursuance of congres sional authority ; but the samo irregularity has occurred in territorial history. Arkansas was originally admitted without an enabling act, and California without either an organizing or enabling act. These omis sions are always supplied by legalizing the un authorized acts of the people; but the act of admission, tho act by which a territorial or provisional government is converted into a State government, never has, and, unless we abandon onr whole political theory, never can be omitted. Our theory, then, requires that an act of admission or restoration should be passed at some time for the State of Georgia. On this side of the House, I suppose, we all agree about that. For this purpose a bill bus been presented by the proper committee. This bill is oppos ed, not particularly on account of its form, not at all on account of its purpose, not because Georgia is not now prepared for admission, but because it is claimed that tlio State was admitted more than a year ago. The gentle man from Ohio [Sir. Bingham] thinks so. lie _ fa good authority with me, and I suppose I tocratie- Oeeimtfep Z’etat e'est ,mi. W '-y > " - iiUemen on thia slda of the ■raitt unwavt-nuj? nn»»K to mat 1 thif dartin^cd of war And the iron- i: — lb : ' H|r : ~ r •’ blesome period of reconstruction his brilliant They solemnly declared on tbe 13 th of De cember, 1805, that no state could be admitted or restored except by act of Congress. They repeated this declaration on the 20th of Feb ruary, I860, and again on the 2d of Marcb, 18G7, and in divers other ways and times inter mediate. Why, then, should wo be told here what these gentlemen of Georgia thonght and said and did about this question of admission? They had no power over the question. But if they had, then their reverse decision since the act of December 22, I860, would be the authoritative one. So that the gentlemen are ruled out by their own citation. Congress is tho only body clothed with power to determine that question; but as yet lias never acted npon it Butitissaid that Congress expected that Georgia would be admitted under tbe act. of Juno 25, 1868, and that the construction which excludes her is more technical than substan tial; that Congress might with great propriety have w'aved this technical rule and treated the State os if regularly admitted in July of that year. That fa all true; but Congress chose to do otherwise. Therein lies the trouble. In stead of waving the technical rule as we might have done originally and as, perhaps, we should have done; instead of treating her as an admitted State, our w'hole line of action and legislation has been based npon tho opposite presumption. It is now too late to cover the irregularity by non action alone. That might have been enough for the original defi ciency; but to cure that, with all our subse quent action based upon it, demands now' a positive act of admission. Has not anything been done by Congress to recognize Georgia as a State.’' "No sirr nothing. On the contrary Congress lias three times repudiated the idea that Georgia was restored by that or any other act. First, when they refused to admit her to representation in Congress. I know tho House admitted the Representatives, bnt the Senate refused. It fa the same as if we had agreed to a concurrent resolution for admission and tho Senate rejected it. So fax as it goes it was an abdication against her. Second, when both Houses refused to coant her vote for President; that was another adverse adjudication. Mr. JONES, of Kentucky. The gentleman seems to claim that the fact of Congress having refused to allow the electoral vote of Georgia to be counted was a reason why she was not a State in the Union. I ask tho gentleman if that refusal was not conditional, and so an nounced by the Vico President, who was the Presiding Officer of the joint session of tho two amendment of the bill proposed by the gen-1 w w UUIVWO UUU4UCU4 . tlcinan front Massachusetts, [Mr. Danes,] or bera ofthe Legislature of Georgia for tiro tho bill as reported by the other gentleman longer than they were elected for, I front Massachusetts, [Mr. Bntler], would not shall insist on snch a proviso added to this have tho effect, under and by force of tho act I tiffi as will forbid any snch construction of onr of 1867, to elect the present Legislature of I meaning. Georgia for two years from this date, and as The SPEAKER, The gentleman’s time has long thereafter as the intervening timo be-1 expired. tween the election and qualification of their successors two years hence. Mr. SCOFIELD- I hope the gentleman will not charge it to wont of candor on my port, as I hod jnst approached that subject when, to my surprise, I fonnd that my timo had cx- nired. If I could get time, I would be glad discuss it Tbe gentleman should not charge GARFIELD, of Ohio, J ask the gen tleman from Kentucky to allow we a few min utes more, Mr. BEOK, I will yield to the gentleman for three miuntes longer. Mr. GARFIELD, of Ohio. Now, Mr. Speaker, without intending any reflection npon any member, I desire to ask my Republican it to a Jack Of candor or my part, when the friends in this Honse, if they were perfectly gavel o£ Uie Sp<»ser cut me off, I assured of a Republican victory in Georgia tk:. £.11 7.,, .1 .Innkt on* rurtf and I withdraw the word. But will the gen tleman answer me if that fa the legal c-ffect of this legislation without any snch qualification 777f w as I have stated? duced what afterwards became known as the ^ SCOFIELD. I think that whenever we “ Relief” Resolution. That measure was admit the State the legal constitutional terms promptly passed by tbe body, ami was as of its officers begins, and runs as long as the promptly ratified by the District Commander. Constitpfion of Georgm provide^ and that we I 1 J : have no constitutional power to interdict or II was the nret ray of hope to the poor man. OTcrri de the Constitution of Georgia by a min- It give an earnest of a purpose on the part of isteriol provision. the Republican parly, to reverse the old order ^ r - BINGHAM; That is ferity the effect of Of class legislation, at test in so for as to emancipate the masses from the thmlldom of to strike down the Constitution of Georgia.— the fortunate and privileged few. It sought I Jt has been settled, and will stay settled in to throw around tho citizen a safe-guard to hfJWl&erP and the other, that thirty .be Utile tbat was .eft bin, by tbe casualties o, ©£fc a war inaugurated by Democratic leaders. It say another word in this connection, responded to the wants of the people, and was | gentleman has his interpretation ol the \ i j i— * *- irexj member reason to be- g falD condition of the country, and who were wil- a pamphlet by Governor Pollock, who asks us ling to forget the unfortunate past, and address to continue his term for two years long themselves to tho 4atte SSij n»Pfombflitte h* iu viol “ liou of of the Present. ° ' This was the pioneer movement for Belief. It was followed np by the Honorable poster Blodgett, in hfa proportion for a “IJonjeste&d responded lo uie warns ox uie people, ami was genueman nos ms uunutciauu heartily concurred >u by the flder and better legislation addressed to e , ' / i- Tii • j of this Honse, ns I have good : clan, of DaMMMte who tj*h*fd the ruined lieT< ,. lt ccrtain i y haiTbeen addr. clause in tbe new Constitution. This measure p f opreonntry; it violates tho Constitution was likewise adopted by pi,e Convention, $nJ Georgia j it violates the declared creed of the it went before the people for ratification in Repuli'.L^Q I> ftr ty? that party which under . — - T ... .. * - r% «• 1 God .has brought about the restoration of ls6fb Neither the aiwtlmmaa of Democratic | ^ ( sc disorganized and in»i;rgiK; states. ■ — of the voter nor (lie annunciations of Jh# fobid t o that point I ask tije Democratic press, uor tlto OOTcrt threats of f\- (jonsc am] t!m country, olence conld deter tho peopla from a free or- Thus, >t will bo seen, Jnd(<a Bingham him- pressiun of opinion; and so they ratified tho =o|f admits tliaf tbeRill as jtptstod, settles the ••Relief" and “Homestead'' measures by a question of a UW election Jins ftll by tecog- majurity that awakened the Bourbons of 'CO, nirinjf the term of our feUAo officers as begin- to a painfol realization of tho fact that the ning only after the admission of the State; or, Mr. BINGHAM. I was not aware of that, mi, f a u, if they hod no doubt that our party r “-s — * ' w ~* “ •*-- - wonki lx, successful there next November, how many would vote for any bill tbat would postpone tbe date of that election for two years? I do not believe (here are a dozen men here who wonld, solely on the merits of the case, vote for any proposition thus postponing the ' elect!'m. if we were perfectly secure of a Republican victory this tall. I greatly desire the success of the Republican party 'iu Georgia, and throughout the Union; bnt my views of party policy do not, lead mo to behove in such methods of se curing success. Me must now decide a ques tion of right, and not merely of party policy. The right on onr part to extend the term of these offices two years, implies tho right to extend it twenty years. The right on our part to postpone the election for twenty years tmplte oup right to empower the present Leg islature of Georgia to make laws fop that State during their natural lives. Suppose this Leg islature had been elected iu lStjfl instead of 1SG8. will any man say'we could postpone the next election eight years? If we can do it for two ycai'H we can do it tor eight years, or r>r twenty years. It is. a question of principle, and not of time. % Mr._(“Sunset") Cox, Democratic Represent ative torn New York, in his “two minutes” literh OB tho bill jnst before its final passage, said: Mr. Sneaker, the House cannot foil to ob serve that the hid now reported by the ohair- mjn and lb friends is the same as that origi nally Sported in March last by the samo gen tleman, which was then, after frill discussion, hv this Honse, and after a mast elaborate de late wholly repudiated by tho Senate; and it will bo farther observed that the amendment notation This brings me, to. Speaker, dirt,oily to the point between us. J aobmU tb#t Xu Kl|, if passed as proposed without anjeuamojp, violates" piy p]e$ge4 faith; it violates oqr errra gfatatra twice uiact- pd in this behalf; it violate* the Constitution People had decreed a change pf rulers! ' in other words, as commencing with the date substitute now offered on'belialf pf the'pow majority of the committee by the gentleman from Illinois [Mr. JfamsWPrtlj} fa the same m every psscntfxl part^r a^ tlpt or adopted by the House, known 4s tho Bj amendment, and makes the same pro’ substantially for an election of members ofthe line of policy. No man is better informed as to public opinion. No man fa better qualified for an emergency which requires almost su perhuman energies to meet it Napoleon has declared war against Prussia 'The nrifiies of France are moving toward the frontiers. The “dreadful note of prepara tion” has been sounded, and all Europe awaits the result with breathless anxiety. “Paris fa France,” and tho people of tho gay capital are enthusiastic over the prospect of war. They received the declaration of war with loud huzzas. They insulted the Prussian Embas sador. The students, revolutionists by nature, paraded tho streets singing the Marseillaise. And, by tho way, that song of De Lisle's fa worth on army to any cause. The French sing, in joy, in sadness and in anger. During the “Reign of Terror” the infernal Oa Ira t and La Lantemc, stirred the people into a frowzy of patriotic zeal, which was almost de lirious in its intense fervor. These trifles show that the French people are in for the war, and that is a great point gained for Napoleon. Franco fa always prepared for war. She has now an anny of 1,100,000 men. Of these 370,000 are ready to march at a moment’s warning. Prussia pan easily put 1,260,000 men in the field, with a prospect of assistance from North Germany in the shape of oyer 900,000 men, and perhaps an army from Italy numbering about 500,000. So Prussia, if she is assisted by her natural allies, will have about 2,666,- oon men in tbe field. A gigantic force, bnt France may still more confidently count npon the assistance of Austria, which wonld give her about 900,000 men in addition to her ariny. Denmark, Belgium, Holland and Switzerland would probably be drawn into the struggle, and their levies would nearly equal ize the opposing forces. England, in her isolated position, can very will afford to let the belligerents fight it ont atyne. .\ml Russia, enthroned amid her eter nal snows, is only interested in the troubles of her neighbors because they may .promote her -sigus on Turkey. If the threatened war should come, no one can doubt that it will be a bitter and bloody struggle. The French are the hereditary en emies of the Prussians. They have never for- golieu the disastrous days, succeeding Water loo, when Blncher, with hfa Prussians, ravaged their fa belle France with fire and sword; they still remember bfa attempt to inntilate their beautiful capital by blowing np the magnifi cent structures which were built to perpetuate the greatness of their Emperor and the glory oi the Empire. And Napoleon has not for gotten that it was a Prussian who forced his gteat Uncle to renounce the throne which his genius had created, and it is the general sentiment of the French people, that the humiliation of former years cln never be effaced until the imperial eagles of Fripjpe look frWft their victorious flight, upon the conquered capital of the dfa- Prussian. Austria, too, has wrongs to a. enge. Sadowa can never be forgotton, and «ie will gladly welcome an opportunity of re trieving her national honor. The spectacle of great nations engaged in a contest for self- 2 3 tec lion and conquest; enraged by insults, d stimulated by the hatred of long centuries, i) grand and terrible in the extreme, America his just cause to bo thankful that both nature aad inclination moke her a mere spectator. In Boston, the other day, a company of men piraded, with twenty-three of their number blowing horns, and twenty-two carrying guns. That fa all right and proper. Therp is more blowing than fighting dong all Wld over. No Utote speaking pp tho common will bo allowed. sp,ys q Boston paper. Tbat will make little difference, as the speaking will still bo “common” enough 1 debate resolved many questions of doubt, trust always his honest purpose. But here is a question of fact It fa not intricate. It fa not ev§n difficult It all depends upon the short act of Jane 25, 1868. If Georgia is not admitted under that act it is not admitted at all. Nobody alleges that there fa any other act under which Georgia might claim to have been restored. That act provides tbat Georgia shall be readmitted as a State after her Legis lature shall have done two things, to-wit: rati fied the fourteenth amendment, and “by sol emn act declared” her assent to certain funda mental conditions therein named It fa not claimed that this act admitted the State at the date of its passage, because it expressly post poned admission until after these two things should be done. But it fa claimed that these things have since been doue, and that the doing of them admitted the State. I presume they have been done, though tho Seriate decided that they were nob But that is not enough. Tbe facts Mr. BEAMAN. When was it the Senate de cided that they had not complied with these conditions? The Senate refused to admit Sen ators from Georgia, because her Legislature had expelled the colored members of that Legislature. Mr. SCOFIELD. The gentleman is only talking about a fact I am talking about the legal result The Senate decided that there was not a legal Legislature, and, therefore, there oould bo no compliance with the pre scribed conditions. That decision was based, in part at least upon the fact stated by the gentleman. I will concede for the sake of tho argument, that they were- legally done. But that ia not enough. Tbe facts must be adju dicated by competent authority. It will not do to leave to courts to prove the facts each for itself. Some power must decide that the acts were done, and that decision must pre clude all other inquiry. The fifteenth amend ment was agreed to by three-fourths of the States some months ago, but nobody was au thorized to act upon it as the law of the land until the 30th of torch last Why not? All the necessary facts to make it a part of the Constitution existed; but these facts were not adjudicated by competent authority and the result announced until then. So when a State fa to be admitted, after cer tain acts are done, Congress, or somebody au thorised by Congress, must examine and veri fy tho facts before any such important event as the admission of a State can be based upon them. Bfore that adjudication every one fa at liberty to hold hfa own opinion upon them and determine for himself whether tho ar.is. are properly done or nob This is a principal of universal application iu all matters of law. But it is objected that if this rule is to pre vail the States of North and South Carolina, Alabama, Florida, and Louisiana have never been admitted. It is true that these States were also required to ratify the fourteenth amendment, out the law authorized the Presi dent to pass upon that fact and announce the result by proclamation. That has been done. The fact upon which admssion depended was thus adjudicated and settled. By tho terms of the act that proclamation admitted these States. Missouri, Nevada, and Nebraska were admit ted in the same way. Besides, Congress has twice recognized the admission of these States, once by admitting their Representatives and once by counting their votes for presidenb Either one was enough. N° particular form fa necessary. Rut (leprgfa fa in' quite a differ ent position, /fho apt of I8Q8 required certain things to be done in addition to ratifying the fourteenth amendment before admission, and no authority has yet adjudged that these things were done. The President was not authorized to decide it, and he did not undertake to do so. He was authorized to decide and declare the other fact, and did so, but was silent about this. But it fa 6aid that the State oflicers-elect and the United States military officers in Georgia decided ib It fa true that tirpsp military offi cers did turn ovep Ufa Qov'erument to the civil offlcers-olect. It is alio true that tho civil officers assumed tho authority and went on legislating and governing Georgia as a real State, untilCongresspassedthe act of Decem ber 2*2, 1869. They then decided that tho State was not yet admitted, and droped down from tho supposed full-lleged State to a pro visional condition. Great c wpluu-i* Is placed upon this actioq hpth hero and In the Senate. But what has it to do with this question? If a State can be admitted in this way, aU the Confederate States were admitted some four or five years fWttl Conventions were then called, Constitutions framed, civil officers elected, and the Government turned over to them by order of President Johnson. They claimed that they were restored, called them selves States, and went on legislating Mr. SCOFIELD. If the gentleman from Kentucky had r paid careful attention to wliat I was saying he would have seen that I was not touching the point he has raised. Isay that we need affirmative action for the read- mission of a Confederate State. That fa the Republican theory. The Democratic theory is the other way. Therefore, when Congress refused to count the vote, whatever reasons members might have had in their minds, which reasons do not appear upon record, there is an absence of this affirmative recogni tion. Mr. JONES, of Kentucky. In the event, therefore, of the votes having been counted there would have been affirmative action and a recognition of Georgia as a State in the Union? Mr. SCOFIELD. Certainly. If we had counted the votes of Georgia as a State that would have been a congressional recognition that Georgia had been admitted under the act of 18G8. Mr. JONES, of Kentucky. The vote of Georgia was to be counted in one event—if it were necessary to tho election of General Granb Mr. SCOFIELD. No. The gentleman mis understands the case or misstates ib The vote was to be counted in no event; but the effect that it would have had, if counted, was to be stated. Third. By the act of December 22, 1869, in which we not only treat the Government as still provisional, but expressly declare that Senators and Representatives shall not be ad mitted until after the Legislature shall have ratified the fifteenth ameudmenb The execu- tivo.department has twice acted upon the samo presumption; first, in putting her under mili tary authority after the act of December, 1869, ana second, iri refusing to count her as a State iu tip adoption or Uieiifthenth amendmenb I claim, therefore, that Georgia could not have been admitted under the act of 1868 until it should be decided by Congress that she had complied with the conditions therein required. Congress has not so decided, bnt on the con trary has three times decided the other way. It is therefore necessary to pass an act of admission. That fa tha.object of the pending bill. It is in the usuallorm, with the condi lions applied to several other States. But here comes in another trouble. About two years ago the people of Georgia held an election under tlje enabling act of Congress, and selected persons to act as State officers after admission. Under the impression that the State was admitted, a part of these gen tlemen, in July, 1868, entered upon the dis charge of their duties and continued to act as State officers until Congress passed the act of December ^22, 1869, since which time they have been again called provisional Now, Mr. Speaker, inasmuch as these gen tlemen were elected about two yeaos ago, and inasmuch as they have acted as provisional officers most of the time since, it is proposed that Congress shall, in the act admitting the' State, order a new election. Before we aot upon this proposition, cer tainly before we order a new election, we ought to consider the legal rights of the parties to be affected by ib to-wit: the officers themselves, and the people who have elected them. The constitution of Georgia provides that the mem bers of the Legislature shall hold their office for the term of twoyears and the Governor for the term of four 3’ears. Congress approved this feature of the constitution as republican in form in July, 1868. In April, 1868, the people of Georgia held their first election, A Governor and Legislature were chosen, but not to act as provisional officers during the time that might elapse before the State should be admitted. The people hod no authority to do that, either from then: own convention or from Congress. Rat they were expressly chosen to act as the first set of Stato officers whenever Georgia should be clothed with the dignity of a State. The commission from the people gave no authority to these gentlemen to do anything prior to the admission of the State exoept to await that admission. In the mean while Georgia was entirely under tho oontrol of the Federal Government, That Government might authorize, permit, or suffer these same gentlemen to act as pro visional officers while awaiting admission, os has been done in other States both before and since, and in point of fact did so; but that did not enlarge or diminish their right or duties under the people’s commission. It follows, then, os a legal conclusion, that whenever the State is admitted tho official term of these gen tlemen begins, and not before. And then the 4 constitution of GepjrgiA provides how long they shall continue, vif the State was admit ted in 1868 their term began then, whether they entered npon their duties or not; but if admitted now their term be-t gins now. however employed \u the meanwhile, And if we now pass any act for the admission of the State it settles tho whole question, because such an act is a con gressional decision that there was no such act in 1868, which congressional decision, accord ing to the Supreme Court decision in the case of Rhode Island* precludes all further inquiry. The constitutional rcsnlb therefore, of a sim ple act of admission fa to authorize theso offi- cers-elect to order upon the discharge of their duties, and to oontinuo therein the full term prescribed by the constitution of Georgia. Now. if wo intend to exclude these men from office, or to shorten their terms, we must do just what this amendment of tho gentleman from Illinois proposes to do, order the State to hold a new election after its admfaaion. This proposition involves two considerations. First. Havewe the.const itutv‘Uc',1 ^u>Wfr thus to override, interdicb interpret tho consti tution of Georgia in thfa particular V The Con stitution of United States dearly author izes Congress to see that the constitution of a State applying for admission is republican iu form. Hitherto we have gone no further than this. To be sure, we have not always agreed os to what a republican form iu government is. Tho Constitution does not define ib and each one therefore sets up his own standard- Some members hold that a government fa not repub lican in form voting, office holding, and education t\ro equally open to all, and iu pre scribing conditions to the admission of a State h iv' rotida oordiin : i\. Tho pending proposition goes much further than that H assumes authority, I think, never before claimed, ocvtainly never before exercised. It does not pretend to touch tho form of government over which we have juris diction, bnt assumes control over matteis purely ministerial. It assumes tho right to dictate to a State when she shall hold her elec tion for State officers, and how long theso officers mall be permitted to act Iu princi ple it assumes control over tho entire minis terial machinery of a State government. The clause in tho Constitution ofthe United States which gives ns jurisdiction over the form of State government gives us none over its minis terial provisions. Perhaps, however, we have that power, derived from somo other source, ft is not now my purpose to deny it. But if, as many persons think, a condition touching the form of government is scarcely constitu tional, where can they find authority to pre scribe a condition touching only a ministerial doty of the Shite ? Second. But admitting that we have the power to turn these officers out and order a new election, fa it just anil proper that we should use it? They were fairly elected. I shown that there term was to begin when the State should be admitted. I have shown that the State was not admitted in 18GS; that ought to be admitted now, and that the con stitutional result of such admission entitles these gentlemen to outer upon the discharge of their official duties and coutimie therein or the lull U rut. Why should i • ■; 1 • -1 - - - iu- rfero to exclude them ? Are they incapable ? It was said that the Governor lmd one,- 1>., >1 .1 superintendent of an express company. That is no disparage ment. It requires as much talent and charac- uridi that position os it does for Governor of any State in ibe Union. The bitterness with which he fa pursued by the late enemies of the Union attests both his fidelity to the Con stitution and his ability to foil their machina tions against it. It was also said that some of the legislators were deficient in education. H that fa so, whose fault fa it except tho fault of the complainants ? They made it a crime for these men to read either the Constitution or the Bible. They lock the fountains of. knowledge and taunt their victims with ignor ance. They shut out the light of Heaven and complain of imperfect sight. If thfa charge of ignorance was well founded these critics ought to be the last persons to make ib and the first to bear with, forgive, and overlook it. But it is not well founded. These criticised men have excellent natural capacity, con siderable observation, education and exper ience, and, withal, an earnest disposition to seek and do the righb even to their former de spoilers and present persecutors. Are they dishonest? Nothiug of the kind has been alleged in this debate, much less proved. Vituperative language, insinuation of wrong, has been applied to the Governor, bnt who in public life is exempt from that ? Do they lack courage to meet the turbulent times and turblent men of the State? I un derstand not Oa the contrary, they have stood up with wonderful firmness, and inspired the Union people with great patience, hope, and forbearance. They have exposed their own lives to protect the weak, and upheld the cause of the Union among the bold and reck less disturbers of the peace with which they are surrounded. Do they join hands with violent men for the oppresion of the people? Are their names enrolled with the secret clans whose purpose is to threaten, intimidate, mal- treab and murder? No, sir. They and their friends are rather the victims of these minis ters of darkuess. All have suffered; many have fallen at tbe hands of these masked de mons. These at least are beyond the reach of onr frieudly ostracism. Their enemies, the Kuklnx, did the business. Aud in the dark councils of these malignant spirits onr propo sition to ostracise the survivors wonld pass with a yell. If, then, these officers are capable men, honest men, firm Union men, legally entitled to and not legally disqualified for these offices, why should we undertake to legislate them out? Were they not fairly elected? No one denies it; bnt they were elected iu 1868, it fa said. So were you, Mr. Speaker, and oil the rest’ of us, aud they were elected for just this purpose, namely, to come into office when the State should come into place. Do the electors re pent of their choice? No, sir. On the con trary, they entreat you through their news papers, by public meetings, in private letters, and by representatives sent to your capita), not to set aside an election which on their side was so fairly conducted and so honestly and triumphantly won, though at the hazard of life. I know there are some political rivals, some malcontents, some sore-heads who seek another chance of jpersonal success. It is al ways so. All parties in all the States are af flicted with discontented and factious men who always think the State is going to ruin if they are out of office. The men are fib the people who elected them are contenb the law as it now stands entitles them to o$ce, and the constitution of Georgia defines their terms. 1Vhat more can be found to complain of ? Why, sir, it all comes down to thfa: by.tlae permission or sufferance of the Federal Gov ernment they have been acting as provisional officers for the last year and a half, part of that time in the belief that the Stale had been ad mitted. Why should that exclude them after the State shall bo in fact admitted? It fa not pretended that it interposes a legal disqualifi cation, nor that they are tbe worse for a little experience. They have held office a short time before! Thfa at last fa the great objection. It fa a trifling objection. It does not become the Congress of this great Republic to assume such extraordinary power to accomplish so small on object, even if the object were meritorious. Bnt the object is not meritorious. The mo- tivea and argument of the case should incline us rather to the other side. If we were to in terfere at all it should be to secure to these officers the places to which the people have* called them daring the constitutional term. We might then hope, not that the Union men in Georgia would l>e free from iusulb attack, and assassination, bnt that an honest effort would be made to pnufah open, midday mur der. Mr. Speaker, I have thus stated the history, the theory, the principle of the case. Let mo again inquire, what great purpose is to l>e sub served by this stretch of our constitutional power? When Congress provided that all con tracts shoald be satisfied with Government promises, not then and not yet redeemable, a great many patriotic people feared that we had exceeded our power. Wheu Mr. Lincoln fasuetfe hfa great proclamation of freedom, its couafe- tutionality was questioned even by some oi ifcu adviseis. But here was a great purpose*, tho preservation of the Republic and the cUvatioiii of a long-injured race. The constitutional question was lost in the magnitude of the- pur pose. What great national or hnjuftaa pur pose fa contemplated by thfa. proposition? None, sir; none. We assume unusual power, unconceded power; we go farther than Con gress has ever gone before*, not to save a na tion, not to Sit up a race, but to filch a few months from the constitutional terms of the offioera elect for on incoming State. Our po litical enemies support it. They have often charged us with assuming extraordinary power during the terrible strugglo with the rebellion. They go mucl further now. Let us not follow them into thfa nntrodden field of questionable power for the mere purpose of attacking onr friends. SUPREME COURT Of*' ORORGIA. June Term, 1H70. JOSEPH E. BROWN. C. J. H. K. McKay, 1 . . Huum W.utNEn, f Ass^tates. Order of Circuits with the number of cases from each— Blue Ridge Circuit. 4 Western Oirouit h Southern Cirouit,...,, 2: Southwestern Circuit 17, PUfaula Circuit 3-C Chattahoochee Circuit .42: Macon Circuit... 6; Flint Circuit 4* Tallapoosa Circuit .. 6; Atlanta Circuit 1 H Rome Circuit Id Cherokee Circuit ;; ** * % , C Northern Circuit .\ 8 Middle Circuit 9' Ocmulgee Circuit,,. 9 Eastern Circuit ^ 6 Brunswick Circuit 5 UUU mOCEEDIN’GK. Fwday, July 15, 187Q, On motion of counsel for plaintiff error, the Clerk of the Superior Court at Richmond county was allowed to Appear, anil cux oath identify the record iu the CM» ot Robert K. Cunningham, et nl., vs. John Schley, et aL, Executors. Therefore, tho motion to dismiss was overruled, and the cose was argued. On conclusion of this argument, the Court adjourned till 10 o’clock a. m. to-moi row. Satukdat, July 16, 1870. Tho Court was engaged daring the entire sessiou of to-day on the case of Laue and Thrasher vs. Partee and wife, a continued case from tlio Ocmulgee Circuit; and pending ^he concluding argument therein, the Otari adjourned till 10 o’clock a. m. of Tuesday next. Tho “Success of an Unsuccessful Man,” * would be a good title for Geo. Francis Train’s. biography. It fa paradoxical of course, but, then, wliat is Tram? From the auuouoe&ments iu the papers we are inclined to believe that Georgia will be., the IUkes{ State in the Union next October.