The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, November 23, 1871, Image 2

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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