Newspaper Page Text
THE DAILY SUN.
rnblliUu* bj Um AUahU 8u Publishing
Ompanjr.
Alexander U. Itcpheu.
J. llrnljr taltk,
Alexander H. «!»>>»■», PaUtical Editor.
A. R. Wiliiw, .... New* Editor.
J. llcnly Smith, General Editor and liusi-
nei-N Manairer.
THE
SUN.
VOL. II.
ATLANTA, GEORGIA, FIG DAY, MARCH 1872.
NO. 578.
THE DAILY SUN
ATLA1TTA, OAj
FbikAt Morwiw*, March 29, 1872.
Kx-UOVKKNOR JENKINS’ LETTER TO
GOVERNOR SXIT1I.
It to with no online ry ptoaenra «• lay
before oar people the following highly
important and exceedingly interesting
letter from that noble citizen of Georgia,
Charted J. Jenkins, detailing important
historical facta and reminiscent
neoted with hia administration and remov
al from oAoe as Governor of Georgia.
It is a simple recital, ultiHmely grand
in its simplicity^ logio and troth :
Augusta, Ga., March 18, 1872.
Hit EuMevoy, James M Smith:
Sir — Since Vj removal from the
office which yon now hold, in Jan
nary. 1868, by Major General
Meade, of the United States Army,
commanding Department of Georgia,
I have retrained from oomman ioation
with the defado government of the State.
Had there been no interference of the
Federal Government, my term of office
would have expired in November, 1867,
and there would then have been assem
bled a Lefislatnre to whom I would have
rendered an account of my stewardship,
accompanied by the “snal reports of the
Treasurer and Comptroller General for
that year. Snch a communication, with
like accompaniments for the preceding
year, had been submitted to the General
Assembly at their aacond session in No
vember, 1866. There having been nei
ther Governor or Legislature elected in
18G7, I, under a provision of the Con
stitution, held over; but there was no
LegislativaaAssembly. From the time of
my removal until the installation of the
present Governor and Legislature, those
departments have not, in my judgment,
been Ailed by persons rightfully repre
senting the people of Georgia or faith
fully guarding their interests.
I am informed that a committee ap
pointed for that pnrposo by the Legisla
ture convened in 1868, examined the
liooke and accounts of Mr. Treasurer
Jones for the last year of my administra
tion, and reported them correct.
I desire, however, to make a formal
representation of certain trausactio
during my official term, of which no
count has been given, and some of w. . ,‘
have been grossly misrepresented to
public. the
Such a communication to a State Ex
ecutive, from a predecessor, is, I know,
unusual, if not unprecedented; but 1
trust yoa will find iu the circumstances,
heretofore and now surrounding me, a jus
tification of it, and that yon will kindly
place it on file, 'with the archives of the
State, where it may hereafter be ocoessi-
blo for reference if desirable.
I need scarcely remark that, owing to
the suspension of the State government
at tbo closo of the war—serious compli
cations with tho Federal government
resulting from that conflict—the utter ex
haustion of our treasury, the impover
ished condition of our poople, nnd the
interference by Congressional legisla
tion witli the State government first in
augurated after the war, my administra
tion was fraught with difficulty, responsi
bility and anxiety. When I entered upon
the dutiee of the office tbero was no
money in the treasury—there were out
standing liabilities of Governor Brown’s
last term, (owing to his removal by the
Uuited Statos government several months
before its constitutional end)—debts con
tracted by Provisional Governor John
son , to carry on the government and the
expenses of the Convention of 1865,
provided for by temporary loans. There
were also ante-war bonds, and interest
coupons of considerable amount which
matured during and alter the war—
the expensea of the Legislature
which came in with me, and
the accruing demands of the oivil list.
The bed and track of tho Western St At
lantic railroad were in a dilapidated con
dition, its depot* and bridges in a gTeat
measure destroyed, and its rolling stock
partly lost or destroyed and partly worn
out and valueless. Its Superintendent
under Provisional Governor Johnson,
with bis approval, had contracted a debt
with the United States Government of
about four hnndred and seventy thous
and dollars (8470,000) In the purchase of
rolling stock and other railroad property,
and still in these itoms tlicro was a large
deficiency.
Tho Capitol, its grounds and furniture,
and the toecutivo Mansion and its fur
niture required extensive repairs and re
newals. The Penitentiary had been par
tially burned and rendered insecure, re
quiring a largo outlay in rebuilding aud
strengthening it.
Besides all this, there wore no taxes
collected in 1865. In view of this con
dition of onr financial affairs, it must, I
think, surprise the reflecting mind that
the Legislature, to meet these liabilities,
and pnt the machinery of government
again in motion, retorted to the credit of
the State by the issue of it* bonds only
to the amount of three millions and thir
ty thousand dollars (83,050,000.)
The Convention of 1865 did, indeed,
authorize the issue of bonds, amounting
to flvo hundred thousand dollars (8500,-
000) to meet the emergencies of the hour.
But these, owing to restrictions pnt npon
thorn, were found available only for very
short loans, and were so used, and re
deemed with proceed* of bonds after
wards authorized by the Legislature, ex-
oept about twenly-ai* thousand dollars,
(826,000) which had not been presented
at the Treasury, although called in.
There were alao bond* authorized by
7th section of the act of 12th March,
I860, amounting to six hundred thou
sand dollars (8600,000), to pay the land
tax issued by the United States Govern
ment against the peopio of Georgia.
These bonds were engraved with others,
but a* the United States authorities re-
lused to receive payment of the tax from
tho BxeooUv* of the State, were not
signed or sealed until after the next sea-
uion of tho Legislature (Not. 1866.)
Ou their assembling, I reported to
them the failure to use th>se bonds for
the purpose intended, and advised that
the Executive be authorized to issue them
in redemption of, or exchange for bonds
of the State, which would mature within
a short timo. Authority to that effect was
given by the Legislature, and then these
bonds in all respects similar to other bonds
issued under tho act of March 12, 1866,
were executed. As these bonds bore
higher rate of interest thau those to be
redeemed by them, aud were secured by
a mortgage on the Western aud Atlantic
ltailroad, it was believed that no difficul
ty would be encountered iu exchanging
them for the latter on terms advantag
eous to the Htate, aud thus our suffering
people be released from taxation, to meet
a heavy demand npou the treasury at no
distant dav. They were accordingly
placed in tlie National Bank of the Re-
public (New York) for that purpose, and
notico of the terms on which the btate
would make the exchange exteuaively
published. This exchange had been
commenced, but no great progress had
been made in it at the time of my re
moval. Knowing no safer place of de
posit for them, aod desiring not to sus
pend the process of exchange, I suffered
them to remain there, giving written in
structions to the agent tooontinue it, but
beyond that, to deliver them to no per-
sou exoept upon the order of John Jones,
Treasurer, or of myself.
The Legisliture assembled iu 1868,
passed a resolution authorizing the Gov
ernor inaugurated by them to take pos
session of all bonds of tlie State executed
but not negotiated, wherevr • to be found.
Under this authority, as I have been in
formed, the acting Governor, B. B. Bul
lock, demanded of the bank the unex
changed bonds then in their possession,
and the agent, under legal ad /ice, sur
rendered them to him, but required of
him an indorsement on each bond, of the
manner in which he becamo possessed of
it. The precise amount so delivered I
know not, but suppose it oonld have
varied little from six hundred thousand
dollars. I am, of course, ignorant what
disposition has been made of them. If
they have beon faithfully applied to the
object intended, they have not increased
the indebtedness of the Stato, but have
only postponed, to a more convenient
i! -A ..«A an.l ilia mlinf
time, its payment, pro tank), and the relief
has accrued, or will aocrue, to tho a I min
istration succeeding mine.
If otherwise, the misapplication is
chargeable to the Executive, who, rather
than come to on account with tho fairly
elected and honest representatives of the
people be has charged with having plun
dered, ingloriously fled tho Bute. In
no event can those bonds bo fairly set
down as an original indebtedness incur
red by the Shite during my official term,
and by my advice.
Other bonds were issued«by me, in con
formity with the act of February, 1856,
authorizing a snbscribtion to the stock of
the Atlantic and Gulf Railroad Company,
and the issue of bonds of the Stale, in
payment of installments on that stock,
as the corporation might show itself CD-
titled to them. Evidence that tbov were
so entitled, wasin each instance adduced,
before the bonds were issued; amounts,
dates, etc., will appear by re ere nee to
tho records of the Treasurer's and Comp
troller General’s offices.
But this liability was incurred ten years
before my time. The amount of the two
classes of bonds last mentioned lmve, ia
an indiscriminating, unscrupulous par
tisan spirit, been added to the tbreo mil
lions and thirty thousand mentioned be
fore, and the grand aggregate presented
us an increase of the public debt under
my administration and by my advice.
I think I have disposed of those two
classes, and will not again rider to them.
I now propose ta show that the public
debt was increased by loss than one-half
of tho three millions and thirty thousand
dollars ($3,030,000.)
Tho authority for issuing these bonds,
and the purposes, to which they were to
be applied, will be found in the act of
the 12th of March, I860, and the 11th
section of tho General Appropriation
Act of tho same year. The following
items embraend in the act first mentioned
were obviously provisions for funding
existing indebtedness, and therefore did
not increase tho public, debt:
flection 8-To pay the matured bond debt
and intereHt thsreou • * 3J0.000
Section 1—To pay debt to Uuited 8'atea
Government for railroad proporty pur
chased during Proviaioual Governor
Johnson'* term, and interest 600,
Loana contracted by Provisional Governor
Johnson 30 000
Making i
a aggregate of 1,860,000
Will -h deducted from the n
ui«u bond debt of
8,080,000 leaves as increase of public
Among the appropriations made and paid
from proceeds of thesa bond* were two
extraordinary items of pure charity, hav
ing all the moral obligations of debts,
via.: to purchase corn for the desti
tute and artittcial limbs for disabled sol
diers
Leaving > tatanco 1,450,000
This balance was relied npon to repair
and complete tbo equipment of the Wes-
tern and Atlantic Railroad; to repair and
refit the State House, and its grounds; tho
Executive Mansion and furniture; tho
Penitentiary; to pay the unfunded debts
of the State (by no means inconsiderable,)
and to defray the entire expense* of the
government for one year, inolnding the
support of its groat public charities, and
the accruing annual interest on the pnb-
Uo debt. „„ , . , .
This snm of one million four hundred
and fifty thousand dollars was subjected
bofore it came into tho Treasury for
general use, to a diminution by the ex
penses incident to the preparation and
engraving of the bonds, the execution of
the mortgsge, commissions to ngeuts em
ployed in tho sale of them, and the rate
of discount upon them, for no bonds of
any Southern State could then bo nego-
tinted at par value. Tlie bond# first sold
abont nine hundred thousand dollars
(8900,000) in amount—yielded ninety per
cent. A lew were afterwards sold
for ninety-five, and they would un
doubtedly have reached par value
in the market but for the depressing ef
fect of Congressional legislation U[>ou
the credit of the Sonthcrn State*. Under
this withering iufluence, these hoods
afterwards fell below ninety in the New
York market. For more miuute details
respecting the disposition ol those bonds,
reference is made to tho records of^ the
Treasn - - ■• - ' “ **
oral
The monthly paymeuts were peremptori
ly demanded. I suggested to tlie Legis
lature the expediency of authorizing the
Superintendent of tlie Western and At
lantic ltailroad to give a bond ior the
payment of the debt within two years,
and of pledging the faith of tlie State
for its payment. Aooor.liuKty the act of
the 13th March, 1866, waa paased, aud
a bond executed in oouformity with It,
and delivered. Still, for lack of r ersooal
security, the monthly payment*
were demanded. In an interview
with Mr. Stanton, Secretary
War, I f protested against this,
and insisted on the payment of the whole
snm at the expiration of the two years
urging that the pledge of the State's
credit was more than an equivalent for
p< . inal security.
Ue heard me patiently, bat when
oonclnded, remarked curtly, “loan give
you no relief. Yon seem to think becanae
this Railroad is the property of the State,
and the debt inonrred, Aar debt, and be
cause she had given her bond for it, aha
should be admitted to the privilege of
pnrohusers giving bond and aeonrity. I
oannot make that distinction. The terms
mnst be oomplied with."
I asked permission to take issue with
him on that point I pressed npon him
the nnivereafraoognized comity between
nation* and States, between organized
governments, and stated aa a oarollary
from it that oca Government would ac
cord to another a credit never given to
an individual. I conolnded thus: “I
have not supposed, Mr. Stanton, I should
live to see the day whan the United
State* Government wonld send the Gov
ernor of a State ont to hnnt after per-
tonal security for a money contract. ]
cannot lower the dignity of my State by
doingaueh an act”
The Btern Secretary relented, oansid
rod, and finally took the matter before
the Cabinet who referred it to the Sec
retary of War, and the Attorney Gene
ral, with power to act I then went be
fore the latter to dismiss the question
witli him. So soon ss I broached the
proposition requiring a Stato to give per
sonal security for a debt Mr, Stauberry,
that upright man, oourteom gentloman,
and able jurist, interrupted me with the
remark, “Governor, I confes that prop
osition revolts me.” “As it hss done
me, Mr. Attorney General,” I replied.
He rejoined, “Oh, that will not do. Mr,
Stuutou must give that up." And he
did give it up, and cheerfully, at last.
I refer to this matter partly to - show
that, among those distinguished men,
members of the administration (and, we
may infer, by the Cabinet), Georgia waa,
at that time, reoognized as having the
status of a State of the Union.
Early in the year 1866, the Collector of
Internal Revenue for the 4th District 6f
Georgia required the Superintendent of
tho Western and Atlantia Railroad to
make monthly returns to him of the
gross receipts from the road, and to psy
a tax of 21 per cent upon them.
Believing the tax to be illegal, because
assessed upon the revenue of the State.
I appealed against it to the Secretary of
the United States Treasury, who, after a
retcronce of the question to the Solicitor
of the Treasury and a report by him,
overruled my appeal and ordered the
collection to proceed. Not satisfied with
the decision, I filed a bill in equity in
the Destrict Court of the United States,
the name of the State of Georgia,
against the Collector, seeking to ODjoiu
tno collection oE tho tax. After argu
ment upon a rnlo against tho Collector,
to show cause iu Chambers why on in
junction should not issue, the Judge re
served his decision until tho next term of
the Court in Atlanta; but assured the
Solicitors of the State, in the presence
of the District Attorney and the Col
lector, that meantime no farther nction
in collection of the tax wonld be taken.
During bis temporary nbsenco from
the State, however, and before his deci
sion, the Collector peremptorily deman
ded payment of the tax then accrued
(amounting to more than twenty-four
thousand dollars) within ten days, in
default of which a levy wonld bo made
upon tho property of tho road. In
formed of this, I directed tho Superin
tendent to pay under protest, which was
done.
As soon os practicable afterwards, in a
personal interview with the Secretary of
the Treasury, I brought all those matters
to his consideration, and found him pro
foundly ignorant of the filing of the bill,
the proceeding* in Chambers, the assu
rance of the Judge respecting suspen
sion of action, and the subsequent en
foicement of payment I do him the
justice to say that he manifested genuine
surprise and indignation at the last stage
of the proceeding. He pronounced it
“all wrong,” and immediately summoned
before him the Deputy Commissioner of
Internal Revenue (the ohief being absent
at the time,) who, after hearing the re
cital, concurred in the Secretarv’a opin
ion, and declared himself equally igno
rant and innocent of the wrong.
The result wss that the Secretary or
dered the suspension of the collection,
until rendition of the Judge’s decision,
(saying he thought I had adopted the
best course for the settlement of the ques
tion,) but declined to refund the sum
paid under dureas, which had beon pro-
1 “all wrnmr” until the decision
ere nee ib own w »vw*w*a» *
eosury aud of tho Comptroller Gen-
il’s office, to which, as I write I have
not
I have mentioned a debt contracted by
the Provisional Superintendent of tho
Western snd Atlantic Railroad under
Provisional Governor Johnson, and which
debt occasioned mv first unpleasant com
plication with tho United States Govern
meat. The Superintendent insisted that
he was, by the terms of the contract, en
titled to a dear credit of two years, npon
the amount of the purchase. The Sale
Agent of the United Stats*, on tho con
trary, affirmed that by the term* of
sale, the purchaser could only be
entitled to such credit, on giving
bond with approved peraonal security,
for the payment of the debt at the ex
piration of two 'year* ; in default of
which, monthly payments of the twenty-
fourth part of the debt, with interest, at
7.30 percent, must be made, until the
debt was extinguished. The contest be-
Washington.and filed a Bill —
of the State) of Georgia, against the
intraders in the Supreme Court, soak
ing to onjoin and set asido tbeso pro
ceedings, as infringements upon the re
served sovereignty of the State, nnd in
violation of the Constitution of the Uni
ted States.
The right of the State to file that bill, and
the jurisdiction of the Court in the case
depended upon tho foot alleged, that aho
was one of the States of tbf Union.
As s foreign power, or a conquered pro
vince, she would have had no rtfit to do
eo—the Court, no jariedictidn in tlie
premiee*. Still, as tbo records of the
Court show, unon fall presentation of
the Complaint, formal permission was
granted to file the bill; nor was she uf-
terwsrds dissmissed tho Court, unre-
dreaaed, on the ground that she lacked
that status.
Atoir argument, the bill was dismissed
because in it there was glleged neither
interference, nor tho threqtof interior-
enee, a ith her properly, which tiie Court
held wss neoessary to make a ossa for their
sublime consideration. Nolhiug, so far,
bad been disturbed, or threatened, save
the modest, though peculiar, priceless
diadem of her reserved sovereignty, (in
Radioal estimation a paltry bauble), of
which that elevated Tribunnl could not
oondescend to take cognizance.
The deep humiliation which then por-
vadod tho entire mass of a proud pso
pie—prond in their histories! remiida-lirron ik^jj-rhifnl iM, ? aossion * of" the Black, Robert J. Brent, David Dudley
conces, and their consciousness otlhor- 1 constituted autTiOTlWn Tit xtm i--— ——- «*~ ——- —■
j tween these officials was sn unequal one.
nounccd “all wrong" until the decision
was made.
At the next term of the Court, Judge
Erskine delivered an elaborate opinion,
concluding with an order of injunction
pendente lite. A copy of this deoision
was fowarded to the Department with a
second demand of repayment, which was
declined on the ground that the Secreta
ry was considering the propriety of carry
ing np tho question.
Tbo Collector, I was informed, never
answered the bill nor put in an appear
ance ; and at the September term, 1867,
the Judge granted a perpetual injunction,
and decreed that the sum paid under
dureas, tie refunded.
A third demand was then made for re
payment, but I was answered that the
legality ol the tax had been referred to
the Attorney General of the United
Staten, and that the Department would
await hie opinion. That was soon after
(riven, sustaining the decree of theOourt,
which declared the tax illegal. Then
upon a fourth demand the money was re
funded, bat interest on it was refused,
although tho Treasury of the Uuited
States had held it about eighteen months,
and also during the same time, interest
was accruing at the rate of 7.30 per cent,
•gainst the Western and Atlantic Bail-
road to the United States, on the debt
before mentioned, and soon after paid in
fall. , , .. .
Bat for this appeal to the Judiciary,
in limine, it cannot bs doubted that this
onerous and illegal tax woold, year after
year, have been extorted from our impov
erished State by the spoiled and spoiling
i minions of power, ft is but one of
I many exhibitions of the tyrannous and
I rapacious spirit in which the ruling party
have requited the unconditional and am- and which I hud sworn to'ohey, expressly j right, on that great issue, why not, by a
cere submission of tbo Southern people * provided that no money should be tulieu i solemn judgment, terminate tho oontro-
> the
to the authority of tbo Federal G
meut These wrongs I impute 1
ruling party—theirs is the sin; mid tl
in the time of recompense, will bj
shame snd the suffering. }fs can only
poeseas ourselves in patience, looking for
tlie outstretching of His right arm who
has mid, "Vemjeance is mine and I trill
repay "
But these things should not bo allowed
to pass unheeded or unehronioled.
Great as were the embarrasamoots on
compassing the office daring the first
year of my term, they were vastly in
creased by the passage of the Reconstruc
tion Acts, and the entranoeinto the Btate
of a military chieftain, transferred from
•‘kead'jiiarters in the saddle" to the heud-
qarters in Atlanta. This man came in-
vested with despotic power over tne poo
pie of Georgia, and with authority, at
his sovereign pleasure, to remove from
offioa any ona of their ohosan public ser
rants. Andthesethings, ahadesof Wash
ington, Jefferson and Madison! were
done notwithstanding the distinct recog
nition of Georgia (either before they
were commenced or during their pro
gress) os s State within the Union, by
every department of the Federal Gov
ernment. I pause not, to produce proofs
of the assertion; but I chaflongo an issue
upon it.
These reconstruction acta, it will be
remembered, had hc-cn passed by the
OoDgroes of the United States over the
veto of the President, based npon their
unoonstitutionality. So soon as aotion
taken under them—so soda as tlie
foot of the military Despot was impressed
upon the soil of Georgia—I miaired to
‘ inihs name
tiie principles of civil government, ren
dated hire little scrupulous in overstep
ping constitutional bnrriers. I felt, and
fool, that the argument wot with me; Imt
tlie power was with the Genera), and be
neath its pressure, I, and the argument
went duivu together, I was removed by
a military fiat, and Brevet Brigadier-Gen
ersl Huger, of the U. 8. Army, u subordi
nate of General Meade, appointed do
succeed me.
On presenting himself to assume the
Government, the appointee in answer to
a question by me, read me an extraot from
hia instructions, directing him, in oaae of
resistance, to employ suon force as might
be necessary to overoome it. Haviog at
my oommand no force whatever, I con
tented myself with a protest against the
G roceoding, aa a flagrant usurpation, vio-
itive of the Constitution of the United
States, aud s declaration that I forbore
resistance, only because I was powerless
to make it—and so retired.
I believe it is pretty generally under
stood, that as far as was practicable, in
the brief interval allowed me, I plaeed
the movable values of ti e State, and oer-
tainly tho money then in tho Treasury,
boyond the roach of the spoilers, and in
the exorcise of n legal discretion, suspen
ded the collection of tnxes then in pro
gress. At all events tho immediate objoot
of this extreme measure, the ploeiDg ol tho
funds actually in the Treasury at tho dis
posal of the CouBtitution-makera, then
unconstitutionally assembled at Atlanta,
was defeated. Ootemporaneonsly with
this entire, undisguised usurpation of the
Executive Office, those military men took
actual possession of tho State Capitol,
and its grounds—of the Executive Man
sion and its furniture nnd grounds, and
of the archives of tho State.
Furthermore, they revoked my order
suspending the collection of taxes, which
they required the collector to pay to their
own appointed treasurer, seized upon tho
income of the Western and Atlantio Rail
road (then in good order, and successful
operation) and, in short, took within
their grasp every dollar of the subse
quently incoming revenue of tho Stato.
No insinuation ia intended, that they
appropriated to their own uae any por-
"— it
tion of the State’s monoy, nnless in the
way of salaries to which they were not
entitled, a id abont which I know noth
ing.
It is donbt’ess tme that they wont
ont with cloaner hands than did their im
mediate successors, tho so adled Repre
sentative s o( tho People.
The charge is, that by the strong hand
of power, they wrested this property
ough rectitude of intention, and of con
duct, will be long remembered. Their
final submission was as truthful and un
qualified aa their resistance bsd beon
honest, open, and heroic.
But that humiliation was intensified
iu tho person of their Executive, forced
as ho was by circumstances, into daily
contact with the insolenco of an intruded
Iluler, trained to arbitrary military com
mand, unfamiliar with civil government.
and rendered giddy by his unwonted
Hedljii
eminence. Bsd i yiolded to the prompt
ings of personal feeling, I wonld at onoe
have escaped the pain of this nnprece-
ented subordination by resigning tho
offico. Bat knowing that tlie position
wonld enable me to keep open to onr
yeople, a channel of communication with
he Ohief Magistrate of the Union (who
was a reluctant agent in their crusade
against liberty) and might thus
in some degree, alleviate their sufferings,
I resolved to remain in it, yielding all
questions of mere polioy, but maintain
ing principle, to the extent of my power,
and falling (if fall I must) in its defense.
I was powerless to prevent the removal
of faithfull officers, of the judicial de
partment, or the appointment of others
to fill their plocos, or to arrest the latter,
in the unauthorized exercise of their ill-
gotten offices; but I declined to pay them
the salaries appropriated to officers con
stitutionally appointed and commission
ed. This alone wonld probably have In
duced my removal; but an occasion of
greater moment soon after occurred.
The Congress of the United 8tatos by
their nefarious reconstruction acts, had
providod for tho assemblage ol a Con
vention, at Atlanta, to frame a Constitu
tion for the Slate in liou of that adopted
in 1865, after tho close of tho war. Tho
latter was confessedly Repnblioan in
character—acknowledged as tho Supreme
law of tho State, the Conatitntion of the
Uoited Statos and all acts of Congreas
in conformity therewith—had received
the President’s approval, and under it,
the existing State Government had been
organized.
Tho Congressional act which callod the
Convention of 1867 and 1868 togother,
provided for defraying their expenses,
only by authorizing them to levy a tax
for that purpose. The (body, finding
themselves unprovided with subsistence,
and incapable of feeding upon their
patriotism until relieved by the slow
process of taxation, experimented upon
the credit of the State, which, though
alwayi previously a reliable resource in
emergencies, failed to attract capital
when tampered with by them.
In this extremity, thev turned their
longing eyes upon the Treasury of the
State. Whether originally prompted, or
only euoouruged by the military Dicta
tor they passed a resolution requiring
the Treasurer of the State to pay to their
financial agent the sum of forty thou
sand dollars, for tho present use of tlie
Convention. This resolution (being on
ly an entering wedge) was approved by
General Pope, under whose broad aba-
dow they held their daily sittings ; and
armed with this high authority, the agent
designated repaired to Millodgevillo, and
made formal demand of the money upon
Colonel John Jones, State Treasnrer.
That worthy gentleman and faithful
officer, refuse I payment, in the the ab-
■ence of an Executive Warrant. Abont
this time General Pope, (proofs of whose
numerous abuse* of power, bad been
multiplied to tho President by myaelf
and others.) was removed from his oom
mand in Georgia, and General Meade
appointed to succeed him. One of the
successor's first sots was a requisition
upon m- for a warrant upon the Treasurer
to satisfy the demand ol tho Convention.
With this I refused to comply, on tlie
ground that the Constitution, under
m the Treasury, exoept by Executive
warrant, npou appropriation made by law;
and that no appropriation hud been made
by law to defray tho expenses of that
Convention. I insisted that the requisi
tion was uuwarrsuted, even by the recon
struction acta. The Congress had not
vontnred npon an set so flagrant as the
direct appropriation of money from the
Treasury of Georgia. But they hail be
stowed a largess of power npou a milits-
chieftain, whoso lack of training in
oonld not have rendered without offense
to the despotio and menacing faction
then and null wielding the power of the
Government
It was probably nnder the prompting
of a similar feeling that the venerable
Justioe Grier, the senior in years of them
all, about the same time, from hie seat
on the Benob, in open session, declared
himself ashamed of the attitude assumed
by the Court (in another case resulting
from post-war tyranny), nnd like an old
Roman, shook the reproaoh from hit
skirts.
Here I turn aside to notioe a rumor,
invented and oinmlated to my preiadiee,
tty certain mendacious Radicals of Geor
gia—that in these suits I had, without
authority of law, expended thirty thou
sand dollars of the people’s money. Tho
exponso of the first suit, instituted and
ended whilst I was stiil undisputed Gov
ernor of Georgia, amounted in nil (in
eluding lawyers’ fees, Court oosts and
printing expensea, rendered necessary by
their rule of praatioe, and exeluding my
personal expenses,) to two thousand
seven hundred dollars (82,700).
This sum I paid out of the contingent
fund, placed at my disposal; a balanoe
of whioh remained unexpended on my
retirement. That the passage of the re
construction acts, and the oonseqnent
rape of the sovereignty of Georgia, pre
sented a contingency unanticipated by
any, savn its unprincipled authors, and
that it cried aloud for oil possible resis
tance, no rightminded man will deny.
Having been sustained by tho opinion
of eminent jurists, as to the praoticabili-
ty of judicial relief in the premises, I
am oontant to stand or fall by tho judg
ment of my Fellow-citizeni, regarding
and applied it. in their discretion,
pnblic uses unauthorized by her funda
mental and statutory law, and subversive
of her sovereignty.
Seeing that they had then made them
selves amenable to the jurisdiction of the
U. S. Supreme Court, aa that Court had
been understood to define it, in their de
cision of tho previous case, and believing
myself still tie jure, though not de/ado.
Governor of the State, I again went
befure that, tribunal, ullcging these acts
of progressive usurpation, and seeking
redress against the wrong-doers.
The hearing of Ibis oase would have
brought distinctly under the review of
the Court tho constitutionality of the re
construction acts, whioh I especially de
sired. Not so the Court. They—or a ma
jority of them—felt a loyal repugnance
to that delicate issue. Leave to file the
•bill, on application made in open Court,
aud upon a statement of tho allegations
contained in it, was unhesitatingly given;
the Attorney General of tho United
States being present, and making no ob
jection; and the bill was delivered to the
Clerk.
But this permission was revoked with
in twenty-four hours, as having been im-
providontly granted, although it neither
mfriuged any existing rule of practice,
nor committed the Court to anything
touehing tho merits of the oaae. Then
why revoked? For no oonoeivsble rea
son other than to open that oase to the
operation of a new rule of praotioe,
adopted after the permiaaion to file the
bill; and whioh prodneed unnecessary and
vexatious delay. Yet more, in subsequent
stages, additional delays were occasioned
by exceptional rulings of the Conrt; and
at last we were gravely told that there did
not remain of the term timo enoujjU to
hear and determine a motion for injunc
tion.
Before tho commencement of the next
term (as the Conrt had probably antici
pated) tbo Atlanta Convention had done
its work—Moado nnd Roger had disap
peared from tlie scenes, and Bullock am]
his hungry horde, by force of the bayon
et, though under the flimsy veil of con
stitutional reform, had become “Ionia of
the ascendant.” Tho suit before the
Court was not of a vindictive character-
damages were not sought against the de
fendants; but only a riddance from their
usurpations. Of course, it would have
been folly to pursue them after thoir ab
dication. The cause could not have been
pressed against them.
Let it not be said that tho objeot
aimed at by this litigation waa accom
plished without the action of the Conrt.
Far from it. Had the Court pronounced
the reconstruction acta unconstitutional,
we would uotonlv have been delivered
from Meade tun! Roger, but from the
whole Atlanta Convention. The existing
State Government would have been sus
tained ; Bollock would have remained in
tho Express Office, and the present de
rangement of our finances, as well as
many other evil), wonld have beon
avoided.
When it is considered that the enforce
ment of the recons.ruction seta, then in
progress, would inevitably overthrow ex
isting State constitutions, and with them
existing State governments; that the
Executive and legislative Departments
of the Federal Government wereydietinet-
ly at issne, upon the question of the con
stitutionality of those acts, and that there
in the Supreme Courts case pend
ing, and a motion in that oaae, ready for
a hearing, which cal.ed for n judicial
settlement of thatqncetinu, what call ex
cuse a refusal to hear it? No more mo
mentous question was ever submitted to
that Court. If the allefmtions in the bill
failed to give the Conrt jurisdiction, why
not say eo?
If the Executive Department were
which 1 *I was elected and inaugurated, I wrong, and tho Legislative Department
rsy, aim give quiet to the country?
They auid there didnot remain of tne
term time enough for the hearing—but
why not?
The term waa not closed ky legal
limitation, but by judicial discretion.
Were these, their Honors, weary—ex
hausted by their judioial labors? Ah I let
them contemplate the weariness of spirit,
the exhaustion of resources, since inflict
ed npon the people of Georgia by the
misrtilo they were called upon to arrest,
but would not even inquire into, and
then justify, ,if they can, their delin
quency.
I entered that Court with all the vene
ration for it inspired by a Marshall,
a Taney, nnd their oompsera. I left ii
with the painful impression, whioh time
has not mitigated, that the then inoam-
hents (or n majority of them) hnd, by
procrastination, deliberately evaded tt
judgment they could not hnve refused,
without dishonor to themselves; yet
Travtllac
E. NBBHUT, Social Ctacut, Qx.,
i. M. W. HILL. THolLUl O.
i 1 4
tmHa, i sarr
Jamm Ann Sum. KucirUla,T»bb. ,
I. L. Wbight Woodstock, O* ,ni
J. G. Oalt WBLL, Thoaaaon, Oa. *V
H. 0. itAMLbTO*, Dalfam. Ua. . ^ t |,
W. C. Oat a. Jr., Krtonton. a*.
J. 0 Pai uam. LaOrauge, <*a.
E. G. WnjsiAin- nnl'-n Point.
A. A. B»x. A than a, (Ja.
MBMJ
Qtmnermento.
DeGivo’s Opera House
IT ALLAN
GRAND SACRED CONCERN ■
YT7H1REA8, A 8UPFICI1
f T block boldara of Um
ATLANTA
Zee Manufacturing Company ,.
thoproprioty of this expenditure. -
The teoon ' *
tndsuil cost the Stale not one cent.
The smallness of the expenditure in
the first, is attributable to the public
spirit and disinterested patriotism of the
Solicitors employed (or the State. I take
pleasure in testifying in regard to both
cases, that the people of Georgia owe a
debt of gratitude; they con nover cancel,
to Messrs. Clierlas O'Conor, Jeremiah 8.
tavs tsasMlel la wrlttag Uu FnaMsot st Onst
psny io cill s special mM6a| of the .tocUioUsrs'at '
MlUOoisfMjr flu tO« SOUi dtp Msm* WIZsH
with me the reoord of warrant! drawn
upon tho treosnry, the book of reoeipte
for them, nnd other papers therewith
connected, and tho.scal of the Execu
tive Department. It waa my purpose to
retain these things in my own custody,
until I should see iu the Exeoative
office a rightful incumbent, and then to
restore them.
The removal of the books and
largi gifjority of the stock or mu Oonpor. I. » ''
'iwbo do lMHSy mv« smite tats Uwss I
l Hrjjcu.ii hee5555
Of tbs Stockholders
90th DAT Or MAROK^trt, at 9 O’clool, r . I
nonuir H. BiiowM, ■
was simply a cautionary measure ior my
r my
own prelection. Not 'eo with the seal.
That was a symbol of the Executive au
thority; and although devoid of intrinsio,
material value, was hallowed by a senti
ment which forbudo its surrender to nn-
autnorized bands. Afterwards, whilst I
wasin Washington vainly seeking the
interposition of the Supreme Conrt, a
formal written demand was made npon
me by Gen. Huger for a return of these
articles, with whioh I declined to oom-
ply. The books nnd papers I herewith
transmit to yonr Excellency, that they
may resume their place among the ar
chives of the State. With them, I alao
deliver to yon the seal of the Exeontive
Department. I derive high satisfaction
from the reflection that it has never been
desecrated ky the grasp of a military
Usurper's hand—never been pxoetitatea
to authenticate official misdeeds of an
upstart Pretender. Unpolluted as it
come to me, I gladly place it in the hands
of s worthy son of Georgia-
irgia—her freely
chosen Executive—my first legitimate
successor. Anticipating as the fruits of
your Administration, distinguished hon
or to yourself, and lasting benefits to
your confidiug constituents, I am,
Yonr Exeellency's ob’t servant,
O. J. JiRKUta.
Special IVotloe.
What Spring Bring* With It
lussrded from s medical .tsndpolut, Spring is not
th. dclcct.bl. mjod dMcrlbad bj nml posts. On
th. contrary, iu jrisld of lntormtUont lows, billono
stuck., rheumatic pains, disorder, of th. .lomach,
nervous coroplslnU, snd pulmonary diseases, U st
most ss Urge ss IU crop of TloloU, snow drops snd
slurry blossoms Too iu visible sends of Inuamera.
bie mslsdles rise with tbs morning mlsu, tod sn
sutured broadcast by It. vapors of night. Who
resist their mephlUc lndtuncer Certainly not tha
•sak by nature, or those whoso nervous energies
here been over tasked bp mentnl or physical labor
unless they tins snd InvtgoroU thoir sysUms, and
thus enable thorn to cope with tho unhealthy Infla
mes by which they are tarroaadod.
Tho only medicinal agent by which thU object ona
bo vapidly nnd vainly accomplished. Is lhe greet vega
table renovont snd tnvlgomnt. BostaUar’s Stomach
Bitters. The operation of this celebrated spoclSc U
four fold. II strengthen! the digestive organs,
guUUe the secretions, Improves the condition of the
blood, superinduces a regular habit of body, and
thereby Imparts such vigor and elasticity to tbs
•hols physical structure as to render tt capable of
resisting the action of tho poisonous loluma, wl“-
which tbs spring atmosphere is always to som
tent Impregnated. Kirs, Mu, U a ramody sad osr-
t arsons of escaping tha diouetter. pr. valent si
i sesnon, or If they hive already fastened upon
system, of ooaflasstng than speedily and ;tho-
roaghly. Tbs Invar st n medicine U ant of i
oonssquonoa, provided U does iu work properly, but
of llootetter’s Bitters It may bs fairly sold, that buy
elect a care without outraging lbs patient s scum of
To t la © I_i a d 1 © -
Tbs beautiful and eiqnUitelioe of Tina Ferfumary
Soaps, French Fomodss, snd Hols Oils, Toilet Ar
ticles, Combs, llalr, Tooth nnd Ball Brushes oa ex
hibition at the store of
Fombertou, Taylor A Co ,
Bo. 13, KlmhoB House. All tho new nnd standard
Tolls! articles J T HMDUCKlt JtATMS.
Call and czamlno, and we arc oonfldeut yoa can bo
pleased rxauiiutgor, Trxi.cn A Co,
hutch », 1879. tart-ff
Friday, March 29,1872
PART It
Pmpocstas—fltohsl Mttor-Boaslnl... .Big. FREDtA
With fsrdui
.“iSM
Aria Prallftoao- Ctool*....
Grand Trio—Ti UraffO o J*adra Nieolao.
81*'ra MABIOTTI, BAOCEI ud KtEftA
Malliioonta—1
Ave Marla-Gounod
Great Air—Elijah
Muaical Director.
Gratia* Agtiuuw-Verdi. .Slf’ra
March 36, at t o'clock, a. m., at Phillip*
Mem OMuctnaewettM.
NOTICE.
Stone* placed In front of .their property will
prooeed without delay to hare the Sidewalk* paved
with brisk or Aa**ed with atouee. Upon flaUnre to
comply with thta order, the City Connell will have
the work executed et the expense of property-hold-
hj order of the Mayor and Council.
H. L. WILSON.
L. P. GRANT,
A. LEYDEN,
Committee on Streote.
Atlanta, March M. 18T1. mtt-10t
NOTICE.
Representing over OKI-THIRD of She
Whereas, uncording to lbs Coswtifntlon eafl Rta
»f sold Company, Ute the duty of the FTMt-
dent, when eo requeeted, to make afech caff, ha loir.
in* »0 diacretion la the matter, and
Whfiaaa.tl
said meeting at the time ao requeeted.
Now, therefore, at the reqnoet and soUdfattepM a
Sew Rente to VoMIe, New Orleea
Vicksburg «ai Tour.
Bine Mountain Route
V I A
SELMA, HOME, AND DALTON
Hall road and it* Connection*.
at 10 A. Mo,
FART EXPft
Selma at.'. .TtSSp. Mi
Merldiou ,**•*.*■
tr^f r,h
fc==i=sa»
PULLMAN PALAC
through from BOm VIA
Ms without ohnngo.
NO DBkAY AT TERMINAL
a o. barkbt,
r CAMPBELL, Local Afaaft,
Mo. 4 Elmban I,
OXTATIO]
GKOKGIA-
asm, late of eald county, deeeaaod. apply let lilt— -
A dlamlaelon from the admiwltraUoM of —4 oa-
Therefore, the kindred and cmdlbwata^d^-
will be granted the applicants^ the JuDrTWm^—•
nt tha Oemri of Ordinanr. of mid 00«iw* '- *•
of the Ooort of Ordinary, of mid
* * Court, IhftaVb
E. A. MoWHi
Guanos !
AmbHv fee —*
rpHi vi
1 cash.
sash, yn timo, or t
following Standard fartftti—. ]
and Freeh, equal, f
Whaaa’e ltaw Bone ■upcrphmphalas . ,*.. 1—a
£^«. b .^“<WphOR £ .
• vre MM'NvM
Ground Bone. ,•>.«*. ... I - ■
Land Plaster, lime, Salt. ho. T *rl%M
#10,000
a _ oPmiaM)
Crwckrry, <*MA «M CtaMMMW*
O O S3 X - , ( w X
■m ■MMyno—Mr 1 w -4- m
Wock rad food wflf k, ma me *
TO BE BOLD AT
JV T
(Fjaws sattsr* * ■»-t
>2? sssu *ws sjrvwar ■
would do well to call on T. It. tfflll,
Or <k W. Ada*. Beal Estate Agoot. 9bU
u
