Newspaper Page Text
THE DAILY SUN.
Thursday Morning. November 28
Office in the Sun Building, Weal
tine of Brood street, Second Door South </
Alabama.
WST Neva Advertisement* altrayt found
'M First Face ; Local and Business Notice*
an Fourth Page.
AgikU r*rTkc Hum,
Thomas N. Huniw, Thomeaville. <**.
JtMU All.cx Hmith, Knoxville, Tenn.
Bell, AiIwm, (*e.
J. L. Weight, Woodstock. o».
J O OsLMmx. lbmipon. os.
HO. Hamilton, Daltoa. Us.
w. O. i»ATi». Jr.. Lstouton, Os.
*Ur»Aa. Jlerv* <©., Wkits ilelbti. Often Co.. Os
J. L. kmitm, Chattanooga, Tenn.
J. 0 Pas BAM. LsOfStfS, US.
B. A. Va»beikje, TbomaaviUe. Us.
*. o. mtdSMkVofM total ►#! *
JotB a> Bfow, Bbwtoi. Os.*
r Osr fshMrlptios Pries.
We *.k attention to onT new term,
sohecrlption in the first oolnmn on e
flsglt CeplM ft It* Iss Per nwIs st Ike
The Oltma le Bests Carolina.
Wo larite the special attention of oor
fsidm Me to susne xery pertinent,
a. well as dear and patriotic views, op
this subject, attend by the Rsstma (New
Haapshfae) Gaunt at the 10th instant.
We republish this article entire. It do-
■errei the careful perusal of eT«rj(ri«od
of Utterly from Maine to California, and
from the Lakes to the Allen tie.
The whole people of this; country, by
whatever party designation they may
have heretofore Wn known, whether
Democratic t>rRepublican, moat become
aroused to a fall aanee and realiaation of
the dangers which ere threatening,
all their bonted flee Institntiona will
aeon be lent, and swallowed tip in the
vortex of General Despotism.
On the same hue with the article
from the New Hampshire paper,
wa have one before as in the Burlington
(Vermont) Democrat, of the same date
II is headed "Thu Guawt Invasion.”
We have not specs to republish it entire,
but it is diroctly to tbs point, and is no
lees dear than powerful is the mainte
nance of sound Constitutional views.
Among other things, this outspoken de
fender of the elementary principles, upon
whioh all our Institutions rest, says,: 11 It
" should bring the blush of shame, if it
“does not of indignation, to the Ameriaan
•‘cheek, that such cocoes are to be wit-
“ii eased in any part of the oountry as are
•’sow transpiring in South Caroline.”
Those sentiments are certainly encour
aging to the friends of Liberty every
where, and wham they shall become the
rallying watchword in popular elections,
hi all the States when the usurpers are
oa Inal before the people, bo eae can
doubt the righteous vordiot of ooodem-
natfoa that will be rendered. All that is
wanted for- thae grand achievement—
this reeoOe of Public Liberty—is the clear
presentation, squarely made, of the great,
real, absorbing, and only vital, living
issue of the day—that is, the issue be
tween Constitutionalism and Despotism.
A. H. 8.
A SUGGESTION.
Tki Tins* far Blrttlsg a Qavarsor, Mrsu
kail af CaagrtM sal Ika Laglalsisn,
*u. f ikasM be CkasgMl.
ber every year; and the election f. ■ coun
ty officers to take place the first V. ..net-
day in January, erery tiro years.
We respectfully make these sugges
tions, believing the public good will be
promoted by adopting them.
—-»o. —
The TrLimph.
We rejoice, uud the people of the State
ill breathe freer. The sped and the
power of Radicalism is broken. The
passage of the Election Bill over Acting
Governor Conley's veto is a signal vic
tory—a oomplete rooting of the enemy—
luirse, foot and dragoons
Tub mainspring of opposition to the
election of a Governor is a desire to
screen the guilty and give the robber
elan, who havs so long and so basely
plundered ns, a longer lease of life.
Those who havo opposed the measure,
and are not actuated by such bass mo-,
tfvea.are victimized by the great managers
of the mischievous design—doing their
bidding, but knowing it not.
Tun intended retention of Benj. Con
ley In the Executive choir meant the eon-
tin nation of all the Radical Judges, 8o-
Ucitors-General and other State officials-,
the continued Radical majority on the
Supreme bench, uud the dispensing of
the petronnge of the Execntive for the
benefit of the Radical party.
The election of an honest Democratic
Governor wipes all this oat at a blow,
leaving not a vestige behind, except the
wreck and ruin of the post.
For fifty yean before Radical bayo
net rule wae forcibly fastened upon us,
our general election for Governor and
members of Congress and the Legisla
ture, was held about ths first October;
sad Ike Legislature usually mat early in
November. This arrangement was con
veatent to all nlaasca ths people to at
tend the elections, sad ths Legislature to
moot, attend to all necessary legislation
and return home by Christmas—seldom
remaining la session longer than forty or
fifty days. Since the Radicals have
ehangod the time fit holding Uio eleo-
lioa, sad the meeting of the Legislature
the aaminrs havo been two, three or four
mouths each.
WrJrwpeotfuUy suggest that the pres
ent is an auspioioua time to give ua the
lame old election day, aud restore short
annual sessions of the Legislature.
The present Constitution fixes the
general election on Tuesday after the
first Monday in November, every second
year, and the assembling of the Legists
tore on the seoond Wednesday in Jsnu
ary; but the Legislature has power to
obange ths tuns of ths slaotioo and its
own mseting.
The fliot Legislature uudsr ijths new
OonatimUon met in July, 1868, and re
mained in eeeaion till October. It met
^eaa is Janaary, 1869, and remained in
session two or three months; arid again
in January, 1870, and qostinuad till late
inOotobar.
The proper tima for the ■ earing of tha
present Legislature, under the Constitu
Uon, was the IlHf of January last—ton
months ago; but Bullock and Blodgett
and Ben). Ooaiey and the Radical Legis
lature, with the Intention of potting
Blodgett j- IK* United States Beuate,
aad alto, of keeping themselves in power
as ioog aa poasibM, passed an act chang
ing the meeting of the legislature, then
elected, to tha present limn This Radi
eel erew are in favor of prolongation,
Ihoy ofing to ottos with the tenadty of
hungry leaches, aad they have never done
My good far tha oountry, hat only evil,
■ad that continually.
If the Brand “aaaaally,” in the Oonoti-
la Uon, designating the meeting of the
T ifiMlhllU. be Ntcrafly construed, we do
not etc how the pmeant Legislature oan
meet again4a cmnmd saeesee after it ad
journ* sine die, sooner than the first
Wednesday la November, LB7*-tha day
altar tha terms of all the peasant mam
bwofeoi the Emu nd hai# of. Emte
wM have expired, and after the nexi.elee
Uon will have been
, lAaaama to aa that ii weald be well to
have the General election on the first
Weds—da# in October 1879, and every
Monad year thereafter—tha Legislature
to meet ths
Wu would discuss the gross errors end
pitiful weakness of Anting-Qovernor
Conley's veto, but it is not worth while.
The veto is dead, and so is tho author of
it—politically. There is only one point
in it worthy of notice—where be points
out a clerical error in the bill He, him
■elf, admits it to be a “mistake." There
ie nothing in hia objeotion. The whole
scope and meaning of the language used
are too clearly defined to admit of more
than ono construction.
Bat if there bo any point iu the obji
Mon, how easy is it for the Legislature to
pass a little bill of three or four lines in
length, so os to remedy tha delect—de
claring that the word too shall bo substi
tuted in the plaeo of “three.” This is
easy, and is a perfeot cure for the error.
CONLEY’S
VETO MESSAGE
HE RHOWH HIS CLOVEN FOOT
AND HIS LACK OF CAPACITY
Exaotmvn Daravruixr,
Atlanta, Go., Nov. lllat, 1871.
7b the House </ Representatives:—I
herewith return to your honorable body,
in whioh it originated, the bill entitled
“An Act to provide for a special eleotiou
for Governor, to fill tbe unexpired term
of Bnfns B. Bullock, lato Governor, and
lor other purposes," with my dissent to
tho some, and the reasons therefor.
I have not adopted this course without
tho gravest consideration. As the ob
ject of the bill is to fill tbo unexpired
ItTin of Governor Bullock, which, at the
time of his resignation, devolved by the
Constitution upon myself, my personal
priilo would impel me promptly to affix
my signature to it,since, to refuse to do so,
is to put it in tho power of those
disposed to judge harshly to attribute
my action to interested motives. But,
however muoh I may feel inclined, by
giving the bill my assent, to repel such
imputations, I must in this, as in all my
official actions, be goided by my judg
ment, rather than my pride.
Indeed, it cannot but occur to every
thinking man, that if tho Constitution
authorizes so unseemly a proceeding as
that presented by the bill under consid
eration, in which the Exeoutive of the
tits Is is called upon to ait in solemn
judgment npon tne question of the pro
priety or impropriety of terminating bis
own official existence, the Constitution is,
in this respect at least, anomalous. It is
a settled rule, both of law and of com
mon sense, that no man should
be compelled or permitted to sit in judg
ment upon hia own right#—not only be
came the selfishness of human nature
loads one to judge in hia own favor, but
became a proud man would prefer to sac
rifice bis oa-n rights rather thou subject
himself to the auspijioua of uugenerous
oritios. In so important a law aa tlwt
now proposed, the people are entitled to
the free judgment of both the Legists-
tan and tbe Executive.
Nothing is more carefully guarded
against in tbe Constitution than the hsp-
of a contingency in which a pub
cer shall become personally inter-
eeted in the exorcise of the duties of bis
office. If tbe Governor be impeached,
even the President of the Senate is, upon
the trial, to vaoatit his seat, since, if con
viction take# place, he becomes clothed
with the functions of Governor. The
Judges of the Supreme Court, if inter
ested in a esse before tborn, are tempora
rily displaoed by Circuit Judgee selected
by the Governor. If a case arise in
which a Judge of the Superior Court is
interested, tbe law provides that he shall
not preside; and, generally, by the Con
stitution and laws, by tho rules of legis
lative bodies, and by common consent
of alt pubholsts, it is, aa I Uava said, a
settled role that no one shall be permit
ted, or compelled, to exercise hia public
functions iu a matter diroctly involving
his own interests. Were the duty im-
posed a mor» ministerial one, in whioh I
was colled upon simply to do an act, in
which I was not bound by my oath of
office to exereiae my judgment, the case
would be different
I have said thus much because I oan
not but teal that the General Assembly,
in tbe peerage of this bill, has not folly
considered the position in which it plaoes
myself i and because I cannot think so
strange an anomaly as its presentation to
me for my signature was ever contempts-
ted lathe Constitution of tie State.
Tha Oouatitatiou, Art. 4, See. 1, par.
4, 4a as follows:
in December, eighteen hundred and sev
enty one, for that purpose.
In my judgment, the clause of the
Constitution referred to, docs not author
ize or justify such a law. The language
is, “The General Assembly shall have
power to provide by but tor filliog unex
pired terms by a special election."
It wns contemplated that tho General
Assembly should provide by a general
law, not for tilling a particular unCxpired
term, but for filling unexpired terms gen
erally. No man cun roud this language
of the Constitution, without feeling that
it is a very strained construction, to say
the least of it, to hold that it authorizes a
t/Kcial lair for a special cate. The lan
guage is unsuited to such an idem The
word terms indicates clearly that a
general law ia meant, passed in view of
the general public good, and looking to
future vacancies, and not to one that lias
already occurred, Tbe action now taken
can only be called a law by courtesy. It
is rather an order than law, aa ia indi
cated by the constant use of that term
when speaking of it in common conver
sation. It does not provide for future
events, but for one post event
Upon tbe resignation of Gov. Bullock,
I was informed thereof by tbe Secretary
of State, and on the 80th day of October
of this year, in pursuance of Section 127
of tbe Code of Georgia, I appeared at
tbe Capitol and took the oath of office,
and the same won entered upon the min
ute# of Exeoutive office, as required by
tlm Section of the Code just cited. That
oath was in these words, us prescribed
by the Constitution: “I do solemnly
swear that I will faithfully execute the
office of Governor of the State of Georgia,
aud will, to the best of my ability, pre
serve, protect and defend the Constitu
tion thereof, and of the United States of
America.”
At the tiino I took said oath there was
no law in this State for filling unexpire 1
Gubernatorial terms by especial election.
Tho Constitution was the only law. That
conferred the office upon the President
of tho Senate until the regular election
for a Governor in the mode, and at the
time therein provided.
Ia it contemplated for the General As
sembly, under tbe clause authorizing it
to provide by law for filling unexpired
terms, to orjtr au election by a special
act, to fill a term already filled according
to tbe Constitution?
Section 2(1 of Article 1 of tbe Const!
tution provides that laws shall have s
general operation, and no general law
affecting private rights shall be varied in
any particular cose by special legislation,
except with the free consent in writing
of all persons to be affected thereby.
At the time Governor Bullock resigned
and tho oath to “execute the office of
Governor of the State of Georgia,” was
administered to me, it was the general
law that the President of tbo Senate
should exercise tho duties of Governor
until the regular election, and it is not
competent for the General Assembly, by
a special law, to vary this general law so
as to affect a cose occurring before the en
actment; nor is there any significance in
this argument in the use of tbe words
“special election" in tbe clause referred
to. Ths Constitution, in Artiole 2, Sec
tion 11, provides that the eleotion of
Governor, members of Congress and of
the General Assembly, shall be held nt
the same time, lo-wit: on the Tuesday- of that instrument
i first Wednesday in Novam-
i amenity *. sw>e.
sad qwllSed; rad la com of tho death, raa
■ •SdlaafcUltz or the (nstnlM tha Saaate,
■ZSr of tha Houae of ReproMotaUroa ebali
• to tha (
dieahlhtr .
. . Sfrnaf. 1.
ire sowar to man h I
\»uj S epecial «lectio*.
Without doab< it is upon the last
sentence of this quotation from the Cos
stitation, that this bill is founded.
The bill is entitled, “An Aot to provide
for a special election for Governor, to fill
tho unexpired term of Ruins B. Bullock,
late Governor, and for |other purposes."
It provides that an election shall beheld
on a fixed day, to-wit, the third Tuesday
after the first Monday in November.—
The election of a Governor ia also pro
vided in Article 1, Section 1, Para
graph 2, of tbe Constitution, to be held
on the Tuesday after the first Monday in
November quadrennially, at the places
for holding general elections.
Any election to fill an unaxpired term
must necessarily, though provided for
by a general law for all such oases, bo a
“special election,” sinoe it is held at a
different time from the “general elec
tion," to-wit: sometime regulated by law
for filling unexpired terms.
Had the intent been to authorize the
General Assembly to provide lor filling
particular unexpired term after it bod oc
curred, it seems to me that tho language
used would have been very different.
Tbe Constitution would have said: “Tho
General Assembly shall have power, by
special law, to provide for filling an
expiretl term by a special election.”
A power to jiroruie by lair for filling
unetjiireil terms by a special election,
necessarily involves a general survey of
such cases, and especially does it involve
the free exercise of judgment by the
Legislature aud by the Governor. This
free judgment oannot be hod in a special
law for a special cose when the passage
of it involves tho official existence of the
Executive. lie can give no free judg
ment in the matter, since he ia necessa
rily interested in the event.
No proper provision can be made by
law for auch a case after the oooasion has
arisen, beoause one of the elements of
every late—the free judgment of the Ex
ecutive upon its propriety—oannot be
obtained; and because’its passage in
volves the violation of that alauso of the
bill of Rights, which prohibits the vary
ing of a general law by spooial enact
meat, when private rights arc thereby to
be affected.
Another objection to the constitution
ality of this bill is drawn from the pro
visions of Art. 4, Sec. 1, Par. 2, of the
Constitution. This parag raph is in those
words:
“After the first election, tho Governor
shall be elected quadrennially by tbe
)>ersoDi qualified to voto for members of
tbe General Assembly on the Tuesday
after the first Monday iu November uu
til such time be altered by law, which
election shall bo held at the places of
holding general elections in the several
oountics of this State in the same manner
as is prescribed for tbe election of mem
bers of tbe General Assembly. The re
turns for every election of Governor, af
ter the first, shall be sealed up by the
managers separately from other returns,
and directed to the President of the Sen
ate and Speaker of the Houae of Repre
sentatives, and transmitted to His Excel
lency, the Oovernor, or the person exer
cising the duties of Governor for ths
time being, who shall, without opening
the said returns, cause the same to be
laid before the Senate on the day
after tbe two Houses shall have been or
ganized; and they shall be transmitted by
the Senate to the House of Representa
tives. Tha members of each branch of
the General Assembly shall oonrene in
tbe Representative Hall, and the Presi
dent of the Senate and the Speaker of
the House of Representatives shall open
and publish tho returns iu the presence
of the General AsseAbly^aod the pemou
having the majority of the whole num
ber of vote# given shall be dodared dnly
elected Governor fit this State; but if no
pereon have such majority, thou from the
two persons having tbe highest number
of votes, who shall be in ufo, and shall
not decline au election at tbe time ap
pointed for the Legislature to eleot, tue
General Assembly (mall immediately elect
a Governor ertw ones; and is all cases of
election of a Governor by the General
Assembly, a majority of the votes at the
which the result of tboee elections shall
he ascertained and disclosed. But noth
ing is more deer to my mind than that
oil parts of tbe Oonstitfititjn am to'he
construed together; that no jisrt thereof
is to lie ignored. It will hardly be con
tend- d tli.it this power to provide by law
for Uliiug uacxpired terms is to be con
strued uh though it stood alone. May the
General Assembly, in the exercise of this
power, say who shall vote at the election,
who should bo eligible to the office, who
shall open the returns, declare the result,
aud decide tbe controversy, if there be
no majority, or if tho election be con
tested ?
It seems to me that the clause confer
ring the power to provide, by law, tar
filling unexpired terms by “special eleo-
tion" is to be read and understood with
this qualification: That tbe General As
sembly in the exerdae of the power is to
be restrained and contracted by another
part of the Constitution applicable to
ilia matter. > A* the Constitution fixes
the qualifications of voters, tbe eligibili
ty of candidates, and the mode of trans
mitting and opening the returns and de
claring the resalt; as it provides that the
person elected shall have a majority of til
the votes cast; and what shah happen if
no one receives that majority; and also
provides what body (ball decide
the controversy if there be a
contested election; as til these things
are provided for in detajl in the Consti
tution, and an by ths express words axed
declared to apply to every election tor
Governor, it ia a very uuftir construc
tion to say that they apply only to the
regulur quadrennial election, and not to
the special elections to be provided for
by law for filling unexpired terms.
The true rule of construction would
be, as I think, that every provision in
tlua paragraph not positively inconsis
tent with the clause authorizing the
General Assembly to provide by law for
filling unexpired terms, ia intended to
apply to the caae of special elections
There ia the some necessity for til these
provisions in one case aa in the other;
and I can see no reason tor them in the
case of a general election, that does not
spply equally to special elections.
In this way only can all parts of tha
Constitution be mode to stand.
The paragraph I have quoted requires
the returns of every eloction to be trens-
nutted to the Senate on the next day af
ter the organization of the two Houses
The two Houses are organized twico in
every four years—once with the incoming
regularly elected Governor, and once two
years thereafter. A special election may
be held, and the returns transmitted to
the Senate os provided by the Constitution,
on tho next day after the two Houses
shall have beeu organized, only if a va
cancy shall happen during the first two
years of the quadrennial term. Here is
a solemn provision of the Constitution.
What right has any ono to say that it is
to be ignored, especially in a caae in
which it can be obeyed to the letter, and
the power to provide by law for tho fill
ing of unexpired terms still exists ?
True, the power will be much restrict
ed, os it will be confined only to suoh un
expired terms ss happen within the first
two years of the quadrennial term; but
if the Constitution can be obeyed in no
other way, the conclusion is irresistible
that such was ths intention of the framers
sneh proceedings shall be had as is pro
vided in Article 4, Section 1> Paragraph
3, of the Constitttion, in ease of • regu
lar election for Governor,
I assume tJutUk prottion would not
have been in the bill, unless the General
Assembly was fully satiffied that these
provision* of tlie Constitution did not
apply to tbe ease of a special election; and
that'without a special adoption or re-en
actment of them for a spooial election,
there would bo no law at all to provide
for the ease. I present foryour conside
ration another objection to the hill pre
sented for my signature.
By some strange mistake, only notioed
by myself since the body of this mes
sage was written, aad therefore too late
to call atention to it ia time for its reme
dy, it will he seea that the reference in
the bill is to Art 4, See. 1, Par. three of
the Constitution. That paragraph pro
vides not for making, transmitting <md
opening the returns and declaring the result,
but fixes mho shali be ineligible So the office.
If this bill were to be signed by me, the
anomalous ease would present itself of a
law to elect a Governor with ao provis
ion for a tribunal to open the returns,
declare the result and announoe the
Should Art A. Sec. 1, Par. two of tha
Constitution, apply to the caae. the law
would be, that the returns are to be
transmitted to tbe Senate on the day after
the tiro Houses shall have been organised.
This, it is impossible to do, as the two
Houses cannot be organized until after
tbe Tuesduy after the first Monday in
November^I872, nt which time tbe regu
lar quadrennial election for Governor
takes place.
For these reasons I refuse to sanction
the bill, and respectfully return it.
Besjamib Cohuet, Governor.
Uluteljes, JcBMbg. ®tr.
"H O M 12 T 11 I IV G TS SO W .
LAWSHE& HAYNES,
THE OLD RELIABLE.
T ) OUR FRIENDS AND PATRONS, GREETING. WE HAVE JUST
Received end opened our Fell Stock of
RICH AND BEAUTIFUL JEWEL KY,
Embracing all the LATEST STYLES of the BEST GOLD, aud
AT PRICES LOWER THAN WE HAVE BEEN ABLE TO
OFFER BEFORE. *
Our WATCHES RUN FROM THE FINEST JURGENSEN down to tbe lower
grades of SWISS AND AMERICAN WATCHES, fp foot, we now have
a full, beautiful aud almost entirely near stock.
Coasxo •i»<1 See Ub. I?rlvv «nd I*o Convinced.
sejrtliW8m
Mew Rente to Mobile, New Orleans
Vleksbnrg and Texas.
Blue Mountain Route
V I A
SELMA, ROME, AND DALTON
Uallraad and Ha Connertlnna.
TJASSENOBltS UUVIIIO ATXJJET4 *T THZ
iA a 4iAflcJ?™ F DSR?2155
at 10 A. M.. makiug cIom connection with
A brief sketch of the history of this
clause lor filling unexpired terms will in
dicate that this was the probable meaning
of those who introduced it.
The Gubernatorial term had long been
bnt two years. Tbe mode of making the
returns, declaring the result, etc., was a
part of the old Constitution, and was in
harmony with the term of office pre
scribed. It harmonized with tho election,
and meetiug, aud organization of the
General Assembly. Under previous
Constitutions there was uo power to pro
vide by law for filling unexpired terms
by a special election. The term being
but two years, it was not thought neces
sary to liave an eleotion in cose of a va-
t shall he nssssoary tort
ins shall be de-
choice. Contested elections
termined by both Houses of the General
Assembly in such manner as shall be pre
scribed by law."
I am aware of ths claim that these pro
visions do not apply to special elections
to fill unexpired terms, since it Is con-
term to four years, and this clause was
added—no change being made in ths
mode of transmitting and opening the
returns for tbe simple reason that it was
not intended there should be a special
election, unless the vacancy occurred
within the first two yean of the quad
rennial term, so that the returns oonld
be transmitted to tha Senate on the next
day after the organization of the two
Houses eleoted st the end of the two
years from the commencement of the
quadrennial term.
There was, too, an obvious propriety
in having this limitation of the power
granted to stand. For whilst there was
groat reason for having a special election
by tbe people if the vacancy occurred
during the first two years, there was but
little .reason for it, if the vacancy oo.
curred during the but two. Besides, ia
ono case the vacancy could be filled, ths
returns opened, thelreault declared and
and tho Governor eleot inaugnarted at
tha meeting of tho General Assembly at
the rctjuhir lime, whilst, in tho other case,
a special session of the Legislature, with
all its attendant expenses, would he neces
sary.
This brings me to an objection to ths
bill, based upon the great expense neces
sary for its execution. The regular elec,
tiou for a Governor occurs under the Con
stitution on the Tuesday after the first
Monday in November next, less than a
year from tho time fixed by this bill for
the election.
Should the election contemplated by
this bill take plaoe, the retorus cm
hardly be made before the tint day of
January, 1872, wkioh leavea only about
ten months for ths Oovernor to be
elected to serve.
It does not become ms to say that the
duties of the office can be as well per
formed by the present incumbent, batik
cannot escape the reflection of any man,
that the expense of the election, and
more especially the expense of a special
session of the Legislature to receive the
returns, declare the result and inaugu
rate the new Governor, will be a large
item, and ought only to be incurred for
some very necessary and pressing exi
gency.
Should the present session be protracted
till that time, it cannot be dono at a less
expense then one hundred thousand dol
lars; and should it adjourn to meet again
by tbe second Monday iu January
—the expenses of mileage and pay of
mambera and oflioera for the extra ses
sion cannot be leas than one hundred
and fifty thousand dollars, if ths entire
session continue only for a few days,
whioh ia not M all probable.
To incur ao gtisX an expense in tha
present embarrassed condition of tho fi
nances of ths HtafOi for tho tingle pur
pose of changing, for a few months,
the incumbent of the Executive Chair,
might, it is trie, under some circum
stances, l>e a public necessity, but J may
ba pardoaed lot saying that, ia my judg
ment, such a necessity doe* not now ex
ist
In looking nxnw eloaely to the bill un
der consideration, I. perceive that it is
baaed entirely upon the idea I have en
deavored toeembat It takes ter gsant-
ed that the totalled provisions of the
Constitution for making, transmitting,
opening and minting tha returns, Ac.,
The Election Bill.
The bill which has become a law
spile of Judge Donley’s veto, provides
that a special election for Governor shall
he held throughout the State on the 3d
Tuoad. y in December next, to fill the un
expired term of Rufat B. Bullock. It
provides that the returns shall be sealed
up by the managers and directed to the
President of the Senate and Speaker of the
House of Representatives, “and transmit
ted to the person exercising the duties of
Governor for the time being, who shell,
without opening said returns, cense the
some to be laid before the Senate, if the
Socato be iu session when received, and
if reoeiveu" daring the recess, then so
soon as the General Assembly convenes.
The Senate is required, forthwith, to
transmit said returns to the House af
Representatives. Tho two Hous-
es. also, are required to convene
in the Representative Chamber,
open tbe retains, count aud publish the
voto, and declare “the result of said
election, as provided by Article 4, Sec
tion 1, Paragraph 3, of the Constitution,”
and the Governor thus ehosen shall be
inaugurated the next day thereafter at 18
o'olook, M.
We give this synopsis that oor raadars
may fully appreciate the very untenable
points made by the Acting Governor in
his veto message.
From lbs guhu (If. H.) Gmutto, gov. IS. 1871.
An Usurper.
In establishing martial law in South
Carolina Grant pretends to be acting un
der the Kn-Klux law. It is an entirely
false pretension. That law does not au
thorize him to do any such thing. “Mar
tial law,” says the Iuiilodelphia Age, “is
not authorized, hut, ou tho contrary,
expressly forbidden by that act. Martial
law, as all well informed people know,
has no place amoDg the laws of England
or the United States. It is the mere cus
tom of war between belligerents, and
has no limit, bnt the will of the comman
ders. Sir Matthew Hale and Blackstone
agree in defining it as no law at all.
We remember to have seen tbe word
bnt once in an official document, which
was a proclamation issued by Stanton in
the name of President Linooln. It pro
claimed martial law throughout tbe whole
land, and against everybody guilty of tbe
vague offense of “disloyal practioes."—
As published in the newspapers, it bore
date the 24th of September, 1862. It
created a deep sensation throughout the
whole country.
This was immediately felt in the elec
tions of that year. The State of Penn
sylvania, in the following month, went
over to the Democratic aide, being a loss
of about sixty-five thousand votes to the
Republican ticket tinee the preceding
election. The Republican Governor
Curtin, in a message, denounced military
aggressions on civil government ss stonily
as Geary has tinee done in hia message
of the present year. So strong was the
popular indignation, that this proclama
tion was dropped oat of tbe official doc-
aments of the government, and is not
published with the laws, proclamations,
etc., in tbw authorized edition- It was
said, without contradiction, that Attorney
General Bates had declared the Stanton
proclamation to be a lawless outrage.
When Congress assembled, they took
early action against this monstrous pro
tense to exercise martial law, in other
spheres than that of actual war. Masy
Republicans who came to that Congress,
defeated in thsir recent canvass for re-
election, were veiy bitter against the
martial law policy, to which they charged
their defeat. An act #aa passed to ro.
peal and repudiate this policy. The act
was approved on the 3d Of March, 18G8,
and it re-asserted and affirmed the juris*
diction of the civil tribunals, and eimded
all pretense to exercise martial law, even
during a period of the suspension of the
habeas corpus. And now we come to
the most important point in thia history.
When the Jui-KIux act was passed at ths
last session, the act of the 3d of Much,
1868, was also formally re-enacted, u a
part of it The fourth lection of the
Ku-Elnt act expressly says ; "An act re
lating to habeas corpus, and regulating
judicial proceedings in Certain Cases, ap
proved March 3d, eighteen hundred and
sixty-three, which relates to the discharge
of prisoners other than prisoners of war,
ana to the penalty fur refuting to obey
the order of tha Court, shall be in full
force, to far u the tame are appRooble
to provisions of this section.”
It will thus be seen that the resort to
martial law, In South Carolina, WhMh ia
the entering wedge to a retort to ti elate
where, for whleh ell the government or
gans are clamoring, ie aabMr.hold usur
pation, without eohedow Of legal author,
it/ from the Ku-Klnx law, or any Otter
lew. It lathe crossing of the Rubioon
by our military Fnddent under pressure
from the clique who surround him, who
nee that a term may be put to their pecu
lation end license, if popular government
and fair elections, are to glv* effect to
the voice of the people.”
Mmfilt
Hid »"*>»'«*g clone connections with train ol Itob+ms
Central Rffiilrotd, arrlviug
Meridian i.U.4 IMtU.
Jackson U-JO A. M.
Violukuig 2M P. M.
ALSO, make close connection st CALPHA with
trains of South mkI North AtffiLnms Railrood, srrir-
ing nt
Montgomery
Mobile
New Orleans
Tbe Roed bee been 1
equipment is not surpa
for strength end brauty of finish.
SJ~ No chnnge of onrs between
PULLMAN PALACE CARS
tended the power to provide by law for and the bill, herefore, purports to pro
filling such terms includes the mode by vide for said details, by enacting that
Don’t Let Year Com Starve.
jr.ixrrrv or molt osint. thb sen
Is preduoMe* feed br Cows, ewer? 4ny
^ _ lb# Oily Brewery, corner of OoDins
Ac., do not ipply to special election#! i nod Hmrris street*. Pries VMm Osofts far VttSbeL
7:10 P. M.
7:45 A. M.
4:N P. M.
tly equipped and Its
by any in the South
NO DELAY AT TERMINAL POINTS.
lowss by nay other Routs,
rchsse Tickets vis Kingston nt the Oenernl
(Ice, or nt the H. I. Kimball House.
JOHN B. PICK,
General Passenger Agent
Ne. 4 Kimball ]
Macon & Brunswick
It AI LUO AD COMPANY.
iwatlfOt Urn.
Change of Schedule.
ACCOMMODATION TRAIN,
DAILY EXCEPT (TODAY.
Leave Macon,...’. 1:30A.M.
AJrire at Brunswick 9MP. M.
Arrive at Jacksonville, Fla. 0:00 A. M.
Lears Jacksonville, FIs 8:45 P. M.
Leave Brunswick 0:45 a. M
Arrive Masses. 5:36 P.M.
ip with trains of Atkutio
n all points In Florida.
THROUGH PASSENGER TRAIN,
DAILY EXCEPT rUBDAT.
tern Bteeon „...: 8;10P. «.
Arrive at Savannah 7:45 A. M
Arrive Jacksonville, Ha, t i 7:00P.m!
Leave Jacksonville, Fla. 7:00 A. M.
Leave Savannah 7:00 P. M.
Arrive at Macon.,;, 6:90 A. M.
Connects closely at Jessup with trains for Savan-
nab, Florida, and all petals oa tbe A. A G. B. It
j At Macon with the M. k W. B. R. trains to and from
I Atlanta.
I No change of can betwean Macon aad Savannah.
' and Macon and Jacksonville, Fla.
IIAWK1N6YILLE TRAIN,
DAILY EXCEPT SUNDAY.
The Palace Dollar Store. ?5S: S:
L. B. PIKE,
am Swte Mat to any pot at tk. country.
Miflt-lm
OAHHIAGES !
Buggies ! Harness ! 1
I N CON8EQUENCE OF THE DULLNESS OF THI
Benson, and having a large supply of the above
on haud, 1 beg to aumnmee that I will sail my pres*
eut stock at considerably
REDUCED RATES.
For workmanship and style, I have a weli-estaV
lishetl prestige; and 1 have loug maintained a com-
pvtitiou against overy other in my line In the
STATE OF GEORGIA.
ParUaa visiting ths Fair win find it to their Inter,
set to give a call at my Repository.
Alao. keep a fail stook of Carrier—
made bv fimhaj.t. hrothkrs, i
A. T. FINNE Y
1,000 BUSHELS
Red Rust Proof Oats
AT
Mark W. Johnson's,
OPPOSITE
CottoB Warehouse,'! on] Bread Street.
800 fiM». SelectedlSeed Burley,
iSO Hush, seed Rye, to eerrssre,
600 Bush. Heed Wheest,
RIO Bush. Red Clover,
316 Bush, tied Top or Herds
dross,
334 ton*. nrrJusrd Gross,
IOO Bush. Toil JUessdoss 0*1
Gross, to ssrriee,
176 JtMJk. Blsse Gross, mssd oil
other useful Grosses, Arc.
600 Oof. thresh TUruSpOesp t
ALSO:
tOO Toms Sees Pool RtUeau and
other Guano, for Wheat, Uo.
ALHOi
500 Dixie Plows ssssd other
Plow. Bom M|0# to %s to, OSmsm ttoa Omm
made “Scooters."
^ , ALSO:
Tfse Better Potent Crate MtrUM,
Far .owing Wact, EM.
AJjWo I SurrOUe dm Mill* ti IS. Afrioulto.
Mark W. Johnson’s,
P. S. BOX MO, Attiata. Q».
F O » ;- lt 1 JS A. Ya'Jffi.
UtiBp Btitiad, ml wiy mm mu, bon a,
—“a Apply m
rlMMlH X. E. BLtOILT.
..IDA U.
-it .:i r.v. .tv. /tea A. M.
WW. MACRAE,
Omni OvpwlBteadMt.
jjrofi-nsional ggrflB.
THOS/m. HOPKINS, '
Attorney 8 CounoeUor nt Law,
BRUNSWICK, GA.
Will pmctlfs in the Brunswick, Alia pa ka, aad
Southern OireuiU. wotlS-lm
WM, U, STEPHENS,
ATTORNEY A.T LAW,
CBAWFOUDVILLB, *A.
a Z.BIWAVB1CK.
LAWSON 8 FITZPATRICK,
Attorneys at Law,
EATOMTOM, GA-
Will practice in the Oemulgee Ckamit end Su
fi. MADISON OUTTS,
Attorney \ Counsellor at Law
ROOM 8 MAY BUILDING,
Oor. 7th and E Streets,
WASHINGTON, D. C.
_ r Practices in all the Courts, before all Com
missions, and in the Departments. octl7-lm
ANDREW H. H. DAWSON.
COUNSELLOR AT LAW,
Oise SSI Broadway, Boom 18,
MW YORK
JARED IRWIN WHITAKER.
Attorney at Law,
ATLANTA. OR^BOIA. , t1]
State and Federal. Business entrusted will
receive prompt attention.
O'See In front room, over Mean. Force's shoe
store, in the Blanchard Bonding, Whitehall si
j. Fairfax (McLaughlin,)
attorney If CosotseUor ot Lair,
Bo. * Rt. PM* Stmt, BALTIMORE, MB.
Uon of claims, Ac., ia Balbiasre.
Entities* Curb*.
T afic ROWffiK.
Proprietor BicUior Pluming Wort l,
P. O. Box -460, ATLANTA, GA.
«. m. rooms,
BRIC0C AND
glONTRAOTOB FOR
Stone Work, of ail oiasaai
Ornamental work, Stowe Cut
Origin. Oa.. May 18.187L
NW. JnAVWLME,
Painter send Decorator,
favors, and hoped by atte
continuance of the same.
attention to bualnede to merits
Coppersmith Shop
J OHN 4 GREEN MIDDLETON ARB PRJPARRU
to execute work on short nefios. Jlausiaction
lUUUlMd. mop nut door to Ova oKm-BtomI
fiSteW Bared!
-** pbicxs am terms or
WIIJOON BHCT^TLE
Sewing Machines.
BBtrusa. fierawo. Of ratio.
d to sso.
M O 66.
a. t, Folding eom" » S ^
~ u&btiMt, mo u«
Idlif Corn. IK
vabbafttB rm rtim rt
wneofr sBvnro xficcRnru co
V. tititi « dtittooe, aatiHWoa (tot ISM. an 00 r
m fra. wkioh wo tin, dortM.; md wo furta-
o oiu- IhctSw to tow «my petit of raorttotic.
- ko foowd Is mp UkdorfMd ttiatito MksfelB., ud
MUM SHu pot tiUtoWMsto Ktoklno
GEOXiOIA REPORTS
Fur Sate at t||c Qttaa — si.. Em- w -
T“.* ^i , . Q “* OU “TO*™- wrtU, (tokbto u,l I” ‘ p 01*7BALE
* V*RU HL PtoU^JK^CTUNTT^B*
•“•ri—Ttmir t writ in ? r ■
Afenta IfAtited fV>r
A.H.STEPNENS
UAXnmattelUVU. Omsk*.is os.
TV itolskridg.; wkUktoto towtol
DISSOLUTION.
Irish Potatoes, rpax fihm of xosiis. DsFoor s co., is
Pearl Grits mod Hominy, rnsomua * t. a.
from Fire-Proof Safes, j £**,*£*
FtiOto.toth.TrMU, I kto Srai W. L. MOHBIS.
»UU VU3BT. OOMMOT S00. | vrrlset tlKUB