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[CONCLUDED FROM FOUSTS FAOE.[ and thereupon the officers of eacVfttnte duly elected and qualified under the Con stitution thereof,shall be inaugurated with out delay; but no person prohibited from Iir ■'. :r. <: under tlic United States, or under any State by section 3 of thepropos-. ed amendment to the .Constitution of tbe United States, known as ArticleXIV,shall be deemed eligible to any officdin'eUherbf States, unless relieved from disability as provided in said amendment; and it is hereby made the duty of tbe President within ten days after receiving official In formation of tbe ratification of Mid amend ment by the Legislature of cither of eaid State*, to issue a proclamation announcing the tact, which became a law June 25Ui. 1968, the members of the Legislature so elected Governor Fleet convened in Atlanta on the 4tb day ofJuljb 1868. f j Jilt Tlie action’ of Congress idThlTWalter is fully quoted, because of its importance, as the foundation upon whicli theeubequent action rests. If our legislative organization had been perfected a* required by the laws, there would have been nopower resting in Con gress to interfere which would not apply equally to the adhering States-New York or Sfa-aachusetts—but when it was ascer tained that we had not complied with the law*, and bad not organized the Legisla- VOLUME 3X1 ATLANTA, GEORGIA, TUESDAY, FEBRUARY 8,1810. mm ary action of the legislative organization, which had assumed to elect these Senators, and after having bad the case before tbe committee for deliberation for many weeks, by the proclamation of tfae^'made an elaborate report to the Senate eons voting on tbe question of ratification S nst tbe admission of Mr. Hill, in which committee say: “.Tour committee are pinion that tbe act of June. 25,1803. which required that the Constitutional Amendment should be duly ratified, must- be held to mean that it moat be ratified by 1 a Legislature which has in good, faith sub stantially complied with the requirements of law providing for its organization.” Referring to the fact that ordinarily the election and qualification of members of the State Legislature is qot a subject to be Inquired into by the Senate, the committee in iheir report, marked very distinctly the tore hy excluding men who weredisquali- difference between a State which, has un ited by the law, Congress could in nowise ’ interruptedly maintained its proper reia- br bound by the action of such'*.body, and {tions to the Union -and one like ours, in the right, we may aay the duty, of Congress to adopt Mich measures a* seemed to them p-o[<er to enforce their own laws, was not onlv indisputably but freely admitted. An will he feunaequeutly shown, Congress and the Presflant concur in requiring us to com me ncr agai n tbe work of reconstruc tion at the precise point where a failure in the exerntton of those laws becomes ap parent, viz: ,Tnz Focxth DaT or Jetty. 1869. ‘ . ^ . 2 : rjji That both Houses of Congfes* moved In harmiiiiv upon this suljcct is established by the adept ion of tlie following preamble and re.-o.ution in the llousc of Keprescn- tativesof l,Vi«1gre*s after thd report of the Judiciary Committee was made in the Sen ate: . Whereas It is reported that the Legisla ture of Ui orgia lias expelled the colored iiieinie-rs ihereof. and admitted to their seats white men who received minorities oi vote* at tlie poll*, and that members of said Legislature wlio bad been elected thereto, by the vole* of the colored, men joined in such action, and that twentyr seven disqualified white men hold Scats in said Ix-ghdaturc, in violation of the 14rh Aniendmcnt to the Constitution and of the which a government is being organized under and by virtue of the authority of the United .States. The committee say: “The election and qualification of members of the Legislature, where tbe existence of any Legislature authorized to act as such is not involved, can not be inquired into by tbe Senate in determining the right of * Sena tor to his seat, your committee hold that the question involved, in thi* case, is not Whether persons not entitled .to seats in tbe Legislature were received by that body and allowed to vote upon tbe election of Sen ator, hut whether the body assuming to be the Legislature violated the conditions upon which it was allowed to organize, by permitting disloyal persons to-participate in its proceedings.” In repelling the proposition that the ac tion of the Legislature touching tbe eligi bility of its members, under the law and the 14th Amendment, together, with , the subsequent action in the premises by the district commander, finally disposed of the whole question and debarred Congress from taking any action..the committee say: - Whereupon the two Hpnses went through the form of an investigation. But ffom the evidence before your committee, the Reconstruction Acta of Congress: and invesiigation'does not appear to havebecn - • contacted in good faith, or with any inten tion either of: finding the facts_ or of ex cluding persons known to he disqualified,. A committee was appoint* <T.ln each House. In the Senate, a majority of the committee foufid all the members qttaiHled, but there was q minority report which gave an ab stract of the evidence, and found four Sen ators disqualified. Tbe evidence consisted of tlie admissions of (he Senators them selves. which, if true,, they should have, been excluded. Yet the Senate passed a resolution, under the operation of the pre vious question, admitting them all.” — Senators from Georgia have not been ad mitted to the Senate of the United States, Resolved, That the Coinmitteeon Recan- iit ruction tie ordered to inquire and report whether any. and if any. wliat farther ac tion ought to be taken during the Fortieth Ouigre*-* respecting the representation ol Georgia in tills House. f Adopted January 28—yeas, 127; nays, 33-3 While tlii* action was being taken by ('•ingress, indicating plainly the desire,tlie judgment and tlie purpose of the Govern ment, this illegal legislative organization of ours, on the 13lh January, 1369, re-ns- aemhled. and after being In session until the I81I1 day of March following, refused to heed tlie recommendations then repeated to perfect its organization in accordance with tlie laws of Congress,-by tlie exclu sion tint disqualified persons pad the restoration of members expelled on account of their color. All that lias since been done could then have been avoided. We all knew what Was required of us, and should have promptly complied. Valuable lives would have been saved. The peace, good order and good name of our (Rate would h ive been maintained,nnd nor material prosperity greatly enhanced, by follow ing the dictates of wisdom fetid ceasing useless and fruitless opposition to the inevitable. But unfortunately other counsels were heeded and the policy of reaction and resLtauco prevailed at that time. Congress assembled again on the first Monday in December, I860, and in accord ance with tlie recommendation of tbe Tnutdent proceeded promptly to prepare and adopt an act to promote the recon struction of Georgia, and thns overcome tlie obstacle* which had been placed in the way of restoration by tlie men who had embraced every previous opportunity to defeat that wise and just policy which Is Involved in the Congressional enactments fortlie establishment of civil governments tn this ami oilier Southern acceding States. The suit under which you are now assem bled and organized was adopted in.the United Stales Scnateon the 17ln of Decem- lier. 1869. House on vote of 121 to 51. and became law by the approval of tlie President on the following day. thus displaying the united determina tion of Congress and tlie President that the tnacliinaiions of defeated rebels should not prevail by eivil proceedings after their armed opposition bad been so signally de feated. • . In accordance with the letter and tbe spirit of the action of Congress, the Presi- dent,onlhc 24ili of December, 1S69..as signed -an officer of the army, not below tlie rank of Brigadier General’’—Brevet M.-dor General Alfred U. Terry—to tlie command of Georgia, as a Military DU * r On the same date the Governor elect was appointed Provisional Governor by the Commander of tlie District, under General Order No. 91, dated J tine 28,1868. Tht* act ot Congress authorizing the as sembling of the Legislature, U will be ob served. required that •• no person prohlb-' ited from holding office under the United States, or nnder any State, by section 3 of the proposed amendment to the Constitu tion of the United States, known as Arti cle XIV, shall lie deemed eligible to any office In either of said States, unless re lieved from disability as provided in said amendment be enjoyed by all sucb persons as have the qualification-! herein stated for .electors .of delegates; and when such : Constitution shall be ratified by a majority of the per nor the purpose of this report, how- evef. your committee did not deem it nec essary to ascertain the number of disqual ified jK-r.ons admitted. Bat the fact that any: were knowingly admitted was., not only a violation of the XIVth Amendment, > and a failure to comply with the require-*' meats of Congress, but manifests a dispo sition to disobey and defy the authority of the iUnited States. If dne could be admit ted why not all V ' And will it be contend ed that if the entire .body had been com posed of men who hail,usurped the fupe- tioris of the Legislature; against.,the ex press provisions of the reconstruction Acts, they could have complied with the provis ions of those acts so as to create any obll- •ratldn oii r the part turf Congress to receive their Senators and Representatives?” 1 have thus recapitulated the facts cov ering our political .history from the time of the adoption of the act of March 2d, 1S67, which declares “ that until the people of said Rebel States shall, by law, be ad mitted to representation to the Congress ol the United States, the civil governments that nitty OXIst therein' shall be- deemed provisional only, and shall be in all respects subject to tlie paramount authority of the United States, any time to abolish, modify, control and supersede the same,” &«.. up to the.present hour,nnd it will not, 1 think, be seriously argued that the right, reserved by Congress iu that act has ever been with drawn by the action or Congress dr ex pired by reason of any legal act of our OWi'" ’ - 1 !•!... , who are qualified as electors for delegates; and when such Constitution shall-have been submitted to Congress for examina tion and approval, and Congress shall have approved the same, and when said State, by a vine of its Legislature elected under said Constitution shall have adopted Tbe amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as article fonrteenth; and when said article shall become a part of the Constitution of the United States, said State shall be declared entitled to rep-, rcsentation in Congress, and Senators and Representatives shall be admitted there from on their taking the oath prescribed by law; and then and thereafter the pre ceding sections of this act shall be inoper ative in said State:' Provided that no per son excluded from the privilege of holding office by said proposed amendments to the ConstitJtion of the United States shall be eligible to election.&s a member of.tlie Con vention to frame a Constitution for any of said rebel States, nor shall any such person vote foe members bfsuch Contention?’ It will be obserevd that, after prescribing the terms of restoration, it provides that, when they shall have been com plied with by any, one of . the States to which the' act applies, said State shall be declared to be entitled to rep resentation in Congress; aiid Senators and Representatives shall be admitted there from on their taking the oath prescribed by law; and then and thereafter the pre ceding.sections shall be inoperativeih£?id State. I respectfully submit that, by 'tins language, tbe actual admission of Senafors and Representatives is made a condition precedent to tbe abrogation of.military au thority ; that, the action of the two Houses, ot Congress in admitting members was pro vided for as the final recognition of the re storation of the States;- and that, until tlie recognition by tbe law-making power,un less subsequent acts have 'changed, modi-: tied or repealed this act,in this respect, the: powers conferred on District Commanders may be exercised. Tbe supplementary acts of Match 23, and July 19.1867. to my apprehension, havq no bearing, wbateverlupon this question ; they. In ho degree, modify or change the act OS March 2d, in respect to the time' whOn. or the conditions upon which the first four sections of that act become inoperative: The act of June 25,1858, only remaining act which relates to the government, and restoration of .the rebel Stated seems to have been pasted mainly in pursuancd."of those portions oi the fifth section or the Set oFMarch 2,18G7, which provide for the sub mission to, and approval by Congress of the constitutions framed for the.seyerai.States, and for a declaration by Congress tbat-the. ihe.investigation was Conducted: 1 a copy of Xbc:proceedings of- the Legislature on the 16:b, lZth and 18th -days of July. 1968. as reported in the Atlanta Daily Era, and for warded to tbe State Department, is attach ed to this report. (See,Exhibits A, B and V.) ItJs alleged fliafan impartial investi gation would Tiav‘e'sliown from thirty to forty members of the Legislature disquali fied under the I4IW Amendment, and 'al though your cominittee'have' not-been able to folly Investigate this matter, but from the evidence before them, they iittip-doubt that the,number was large, : asnthe exhibit hereto, attached will tend to. establish.’.’ It may.be contended that this action of the;twq branches ofthe Legislattrrelsflhal and conclusive; but I respectfully submit that by the terihs Of the act of- March-2. the State government at the time: -was provis ional onty; thn l4<h Amendmetit had. not been ratified, the conditions precedent, to restoration had not been performed, the. State and its officers .were still “ subject to tbe paramour) taulhdrity of Congress,” and to the authority which had been conferred' by law’ori'the military •commander of the District; of which Georgia formed a part, therefore, tt was within the power of that commander to determine the eligibility of. members; and consequently the. clause of tbC constitution of the State which gives conclusive jurisdiction of this question to the two.braiiclies of the Legislature, can not be considered as having taken effect. And I'aiso submit that tile action of the Legislature admitting to membership tlie _ _ _ But the argument made by General Ter- i, by a vote of 46 to 9, and in the .ry lb Ms report is socogent and conclusive i the 2l*t of the samd month bj- a that I repeat it here. 1 quote from Major, ... ... —> i — ■— i—•*-- General Terry’s report, dated ” Atlanta, Ga., August 14th, 1869 * f, While I.have'been in command 61 the Department,"! have endeavored to take no action which Could not be justified by the letter of the law, even ir Georgia should be held tube restored to its original relations to the general, government. I have con fined, myself to giving support to the civil authorities, and moving detachments,-of troops into some of tlie disturbed counties where their presence would exert a good -influence; and where they would bereiidy to act if properly called Upon. I think that some good lists,- in this way, been accom plished, but the groat evil lias by no means been reached. As a Department. Com mander. 1 cap do..no more; for whatever ■pay'be the status of Georgia, and what- cvertnay be- the powers' which an officer assigned to command the Third District, crqated by tlie Reconstruction Acts, would possess, it Is only an officer, so assigned, wlio could • exercise them-: • they are - not vested in me by my assignment to the com mand of this Department. Where, therefore, the-civil authorities arq in sympathy.with. or.are overawed, by those who commit crime,it is manifest that 1 am powerless. In this connection, I re- spCctniUv call the special attention of the The Legislature thus convened having , General Commanding the Army to there- been organized under the orders of the ports in regard -to the attempt made in Commanding General without inquiring j Warren County to secure-the arrest and into tlie eligibility of its members as re-1 punishment of poreonschargod with crime, 2 uired by this act of Congress, ids irtten-j which-are to-day forwarded. It appears on was called to the fact that persons dig- fo me that the national hobor is pledged to qualified by that act were tben sitting and 1 the protection or the loyalist and the freed- actlng as member*; whereupon the Com-j TO en of the South. I am well aware that manding General directed the body to ex-] the protection of persons and property is amine into tlie subject of the eligibility I no t, ordlharily.one of the functions Of the ami proper qualification of its members;' National .Government; but when itlare- and upon a resolution being adopted in meinbered that hostility to tbe supporters each UoufoGiat all the then sitting'mem- i „f the Government is but a manifestation bers were ciiaible and qualified, tbe Oom-i of hostility to the Government Itself, and mandii g General authorized the body-to [ that the prevailing .prejudice against, the proceed with tlie legislative action requireui Macks results, from their emancipation— by the several laws of congress to which j tho act of the Government—it would seem reference inis Ix-en made. . that - protection -can not be denied them, if This legislative action was taken on the | it be Within tlie power of the Government 21st of Jnir, 1868. in apparent good faith.! to give it. I know of no way In-which and memliers ol Congress who were elect-1 3U ch protection can be given in Georgia, ed a* provided by an ordinance of the Con-: except by the exercise of the powers conr ftitutional Convention, to the forty-first. ferred on military commanders by the Re- Congress were admitted to the last session • construction Acts. The question whether of tlie fortieth Congress, upon presentation | theso- powers can still be exercised lu this of certificates from theDisirict Commander' State, is a grave on*. -1 should* hesitate to that they had received the highest number of vote* in their respective districts. This admission occurred in July. 1868, and {ktn- gres* adjourned on the 23th or the same n, Thtj , 'jjcgi»l»tnre. on the 29th of July, 1863.' proceeded to the election Of U. S. attempt the discussion, ol it, were I not Convinced of-theabsolnte necessity of such action. ■ Being convineedof that necessity, I venline to-present my views to the Gen eral Commanding - - ■ By the act entitled “ Au Act to -provide for the more efficient government of the Senators when, by uniting the entire vote of ^bcl States.” passed March 2, 1SG7, itls U»cdlsqnaliflC!l memliers. and the member* who were opposed to the Congressional provided In the 1st section thereof that the States of Virginia, North Carolina. South Carolina, Georgia. Mississippi, Alabama. ineligible persons-elected to it. whether in tentionally so or,not, wasiin-effecr, a fraud npqn tbe reconstruction la\y«, and upon the government; a fraud whiclf so vitiates ip organization that it can. no.t be cbniideted a iiCjjislature within the terms and provis ions of the reconstruction acts; and, there fore; the 14th Amendment Iras not been rat ified by the Legislature- of Georgia; the eonditions precedeut to the* restoration of the State havenot been fully complied with; and Sthe*first, second, third, and -forth sec tions of the act of_ Marcli 2. have not be come inoperative In this State. :>TTbefe‘ liaye been several official acts of the Executive and Legislative Deparment# of the'Govefhment bearing upon this ques-- tion. some Of which declare or imply thar- the State has been restored to its normal condition, others-that.it hes not been. Ot the jfor.roejr class, are. First. .Tbe ;; or(ler. of Genera) Meadedeclaringthe State restored and jwjthdrawiiig .frqra : the exercise of mii- itary .control over it."Sdfcondly'.' General Otders No. 55 : 'A ! djutilnt- : Gener.-il’s Office. Wasnlhgton; Juiy ,1 2S.-1868,’ declaring that thq Third Military Dlstriet had -ceased to exist vandThirtlly- Theadmissionof mem bers Trom.Georgia, to tbe House of: Repre- sehtativcfl. of the .Fortietp «^>ngre?s. Ol the latter class nreThe refusal or, the Sen ate to. admit tlie persons 'elected to It from Georgia; the refusal of thO present HoiiSe pf Representatives to admit* members to it States are entitled to' representation: -It frqm tbe State, and the refusal of Congress ——****— 1 •—'■•' to’conilt in tlie accustomed manner the electoral *vote of the State at the recent Presidential election. It is.hardly neces sary to suggest that: the argument to be drawn .from this action, as a whole, is strongly against the proposition that the State has been restored. In'con'clOsidn, I desire to express my Conviction that tlie’ Only way to restore good'Orderin tho State, is to resume mili tary oontrdl over it for the time being, and ultimately to provide by law that the Leg islature shall re-assemble as a provisional Legislature, from which all ineligible per sons shall he excluded, and to which all el igible persons elected to it, white or black, shall be admitted. Such a Legislature woqldi'XbOlieve, enact such laws and invest the Executive with such powers as would enable him to keep the peace, protect life an'diproperty and punish crime. The process of resuming military control wouidv-it appears to me. he a. very simple one. AH that would be required is an or-, derfrom the President countermanding General Orders No, 55. Adjutant General’s Office, July 28, lS6s, and General Orders No.103. Headquarters Third Military Dis trict, 1 July 22,1868, arc! assigning an officer to thfe cotbraand of the District, exeepring the States of Alabama and- Florida. This- action ! I respectfully recommend. r JJ have' the honor, to be. General, very res- pectfnlly. your obedieni scfyaut. (Signed)! : Alfked H. Tkruy, , i Bre.vet Major Gen. Commanding.' ' That the foregoing.presents tba correct legal view ofthe. case, .and that Congress and the administration have so. decided, is fully established.by the fact that Congress has assumed to legislate upon the subject, and' that the President has approved such legislation, and has assigned a Commander to this district, by the following order: ■ . ; i.Hbadquabtebs of TBE Ar.MY, J - Abjdtant Gebekal’s Qfi-ice. > Washington, January 4-> 1870. ) General Orders No.,!- . ■ . . By.direction of the.President of the Uni ted States, so mjich of General Orders No. 103;. date 1 ! Headquarters Third Military District,. (Department of Georgia, Florida and! Alabama,) Atlanta, Georgia. July 22, 1868;.andsamuch of General Orders No. 55, dated Headquarters of tho Army, Adju tant General’s Office, Washington, July 28, 1868,;. as refers to the State of Georgia, is hereby . .countermanded. Brevet Major General Terry.will, until further orders, cx'- erciso within.that State the powers of ihe contains a Conditional approval of the con stitutions formed for certain "of the rebel States, and'the re-affirming, ono of. the original conditions of restoration, proyldgs tiiat after the', ratification .of ti)*; l-lth Amendment by the Legislatures of. tho said States, they shall be entitled nnd adipi.ued to representation. - In ibis there seems to, be no departure from tlie original act; that act also provided that when the prescrityqd terms.nnd conditions should be comffiied with, the States should be entitled and ad mitted to representation, hut. It . made the cessation of military control depqndent on the actual admission of Senator8:»nd,Rep resentatives; and the act of June, ,25th leaves this matter where the original act placed it. The plan of reconstruction con templates fi ve great steps.• 1st. The formation Of a State Constitu tion. 2d. The approval of the Constitution bv Congress. 3d. The ratification of the XIVth Amendment. 4ib; The declaration by Congress that iheState is entitled to representation; and 5rh. The final act of recognition—tlie admission of Senators nnd Representatives on their taking the oath prescribed by law. When all'-these steps are taken, the powers conferred on military cotnmandars-cease to exist; until then they may be exercised. The persons elected as Senators by the Legislature of Georgia; have never been admitted,to tho. Senate, and no Representatives from the State have been admitted to tlie present House of Rep resentatives. I therefore respecUully sub mit that the work of reconstruction here has not been completed.' and that conse quently the powers conferred’ on military commanders may still be exercised within tlie State. Thus far I have proceeded on the assump tion that all the conditions precedent to restoration have been compiled with by Georgia, but I now submit that the 14th Amendment has not been duly ratified by its Legislature. The act of June 25, 1868. in its concluding section, provides that “ no jerson prohibited from office nnder the United States, or under any State, by sec tion 3 of the proposed amendment to-the Constitution of the United States, known, as-Article 14, shall be eligible to- any office in cither of said State*, unless relieved from disability, as provided in said amend ment ; ” thus in effect prescribing the char-. acter of the Legislature by which said amendment should be adopted, as a condi tion precedent to restoration; that is to say. Legislatures composed of-persons eligible to office under that amendment.:!'No soch Legislature has yet assembled in-Georgia; for it is well ascertained that In the Legis lature which did assemble, and which acted upon the 14th Amendment, were a number of persons who were not eligible to seats therein. Tbe facts in the case are fully set forth in the following extract.from tlie re port made in Jnly last, by a majority of the Judiciary Committee of the Senate of the United States, to whom had been referred the credentials of Mr. Joshna Hill, claim ing to be a Senator elect from this Sthte, Viz: ~ ' ' - , ' ••The District Commander, Gen.;’Meade, by a General Order, dated June 25. 1868, declared the result of the election. Rufus B. Bullock being elected Governor, and among the members elected to the Legisla ture in that order were, thirty-one.colored men—three Senators and twenty-eight Representatives. (See Exhibit No. 1.) By a proclamation of the Governor elect, in pursuance of. the. act of Ju‘pe 25, lS68, the Legislature of Georgia convened on tbe 4th Julv following. On.the Sth July, the organization of the two houses-was effect- Commapders of a Military District, as pro vided .by the -.act of March 2, 1867, and tho acts supplementary thereto, under his as signment by. General. Orders No. 83,^dated Headquarters . of the Army, Adjutant General’s Office, Washington, December 24; 1869,; ^ _ . Ry command of General Sherman: ‘ n , E. 1).TowEsend," . • ""'H'.'.i Adjutant General. - • That it'is a political question upon wl»lch' Congress Is. the sole arid ffn'al judge, wjll not be denied. , " . ;' It therefore follows, that, having perfec- ted an-organization as required by law, you are prepared and required to pass upon the several subjects submitted Tor your action by the acts of Congress, Known as the Re construction Acts, and to elect Senators. ’: • These subjects arc the’ratification of the the assent Of ... XIVth Amendment, giving ed?and all persons declarcd-elected were .the State to' certain modifications of the -allowed to take their seats.” .. -h-. t Constitution,"and the adoption of the XVth “•Whpn rim finvfirnnr filect w.ns notified a ft t 1i'a jiptrprl' tiiat: trA policy of iwoostructlon,witli»few who had assomed to favor it. Messrs. Hill and Louisiana. Florida. Texas and Arkansas, Miller wore declared to have been elected m> divided into five Military Districts Senator*, the former for the term ending an j subjected to'military authority; and March 4th.l873. the la’tef forjheterm end- J j n oft section, that to each of the said ing March 4th. 18. L Althoogn. a has since Districts shall be assigned as a Commander been disclosed- if the twenty-five or more i an 0 tflccr of the army not below the rank disqualified men b*d been excluded, -pel- j- 0 f BrlgafiieT General. Tbe 3d and 4th sec- ther of these gentlemen- eo»Wbave_ been - t -, ons ofthe act specify the powers and dn- elected. Mr. Hill * mAjority^on joint ballot H e » of District Commanders; making it having been bnl seoea and Mr. Miller o out <5,eirdnty -tosuppress, insurrection, disor der and violence, and. to punish, or cause to be punished:‘ait disturbers ofthe public naaoB** htA Th* 'KtH ■ nnosArihpc having been „„ fourteen. .•.-X,,.- ., This action having been token and the District Commander having issued his or- .. ....... ... —’Jt was dor relinquishing military control, assume.! that the rcqnirementoc that the National authority warno longer effective in Georgia. - : - On the Sth day of August, 1SCS. a rcsolu- tion was offered in tbe House of Represen tatives of. g General Assembly, "denying the ellgD ■'liy of colored men to seats upon the Boor of the House,” who up fo tlmt time bad been acting as members, arid orith6 3d When the Governor elect was notified of the action of the two house, be address ed a communication to-Gen, Meade, Com mander ofthe District,-informing him of the fact, and also tbit It'waa alleged that a number ofthe members of• the General Assembly who- bad- token 'their seats and one or more officers of that body were not eligible nnder the act of June 25.1368. by reason of their having -taken an official oath to support tbe Constitution of the United States, and subsequently, had given aid and comfort-to* the enemies-thereof. Qen. Meade,on tbe same day.replied to tbe commnnication. and, amoDg other things,' desired the Governor elect-to communicate to the Legislature that he could not recog nize any act of that body, as valid, or allow tbe same to be executed until satisfactory evidence was produced that all persons ex cluded by the Fourteenth Amendment were deprived ot their seats, in. both. Houses. Whereupon, the two Houses -went through, tbe form of an investigation.. But from the evidence before yonr committee, the in vestigation does not appear to have been conducted In good faith: or-with anyin- thc : party of and the other the or ganization of tSi t ... TQ; EVA. "st* BAxm ■ w alho otEksoa:* ersk“* ftU .j. At the sarae torch that fighted niiaif: *” For so I must interpret still .'** >.!•■" A sweet dominion o’er mv.will,-.; m; - - „„**. '"Xhr letmo'Hlamtietj'kifteopon'o » i FeatateLthat seem in heart my own; -in Nor fear those watchml sentinels;. by your now legal organization of'officers provided for by tlie Constitution; the-Stater Goverament will become a govcrnment. dcj.jT VfV? /ttre Lthe members of your hpnprahlo.body. . o. fair ind hatejit maivli who»*eye will enter upon the terms for which. they ' A' as t inaled in tho upper sky. were elected, and it is hoped and believed that? nothing ’rill ever again occur to disturb the harmonious' relations which Should be forever maiiAuned between this Sldto and the -National Government.' • • I transmit herewith authantie copies bf • joint'resolutions'-df' the’ Thirty-ninth'' Congress _ proposing an amendment to the Constitution of the Uuited States, known as Article XIV, and tho joint resolution of the Fortieth Cofigtess proposing an amend ment known as Article XV; also the act Of June 25th, 1808, which requires the assent of (he State tj bo given to certain 'modifi cations of the Constitution Of the State:’ L -' The party' in this State which has pro moted reconstruction may properly bo men tioned in a communication of this character, because party' lines here, as in 'all 1 the Sorithern States since the rebellion, have been drawn between those who favored restoration of State governments under Congressional enactment and thosowho op posed such restoration, the former party be* ingin favor of compliance; and the latter party opposed to any settlement which'did not practically yield all the issues which the General Government had established by forco of arms.* , ,- - . ,, . ? This party, therefore, has been and is p-aee," etc.. The Sth sWtion -prescribes tention cither of fiqdlng the facts or of cx- the manner in whtebyand- the conditions eluding persons known to have been dis- — upon which the rebel. States may be^re- qualified. A committee was appointed fn •ion'ariaw bad become Inoperative; and. s:ored-to their normal relations to:the Na- e 8C h House. Ih the Senate the majority . —- • — tional Government,-and- tixos the contin- 0 f t t, e committee found all tbe mem- geticitB upon the happening of which, the be r3 qualified; hut there was a minority preceding sections shall become mopera- re p 0 rt which gave an abstractor tbeevi- ' rtvie in said States respectively; upon the dence and found four 'Senators disqnali- ' Happening of which, military control in fied^ The evidence consisted ofthfe ad mis^ aalti -States shall cease. This section is as sion 0 f Senators themselves; which; if .follows, viz: true, they SboWd have been eicltlded.'Yet Seo. 5.' And be It farther enoctea. That the Senate passed a resolution, under the j,. 0 f September ioMowlnjt, twenty-six' when the people’of any one of the said rebel operation of the previous question, admit- iored members were expelled. Ort the Statea • shall have • formed a Constitu- ting them all. These facta appear.iuithe Mn^v of September, aimllar'attion 'Was*'tion of government iboonfortnity with the official correspondence between GovemOc d In the Senate, and all lhebbiofed Constitution' OTtbe "United Stated in all rtF Bullock and General Meade in • regard Jtt> Senators were expelled; Ont!ie6th<lay Ot'spect?. framedbi* a convention of delegates tbe organization ofthe Georgia Leglsla- 5«!SfiLl868.ttt*OrgMift41ion adjourned, elevated bv tlie male citizens o r said State, turc. .‘See Exhibit A.' There were three reports in the House.. The-majority re-l port found two members disqualified; one ^ -v. : r .. r j ,» one of the Sen -tors elect, Hon w v, r f.,^n beln" Ml| I* to 1 ii<Tj ndieja ry Cohnnittee. Amendment Should: it be -urged' that We have already acted upon the N.IVtb "Amend ment, etc-, it is A sufficient' answer to qtrote the action of "Congressj Wherein theji hold that no legal orgamzation of a Legislatui-e has heretofore been perfected. And should it- be' argued that Georgia was counted as having ratified the XIVth Amendment, it is answerecTby the following joint resolution of Congrete. adopted before Georgia acted, fend in' which'Georgia Is not named: ; ''.Concurrent- Resolutions of Congress re specting 'the ratification -of the XIVth Amendment to‘the Constitution, July. 21, 1868. ! ■WntSEAS, The Legislatures of the States of Connecticut,' Tennessee, New Jersey, Oregon, Vermont West Virginia; Kansas. Missouri, Indiana, OhiO, Illinois, Minneso ta, New Ybrk, Wisconsin, Pennsylvania,- Rhode- Island, Michigan, Nevada,: New Hampshire," Massachusetts,: Nebraska, Maine, Iowa, "Arkansas, Florida, North Car olina, Alabama, South Carolina and-Louis- iana, being three-fourths" and more of the peveral. States of. the Union, have ratified the fourteenth article of amendment^to the Constitution of the United States, duly pro posed by "twOitbirds of each House of the Thirty-Ninth Congress, therefore,- •: Resolved, By the Senate, [the House of Representatives concurring] that said four teenth. article is hereby declared to be a part of the Constitution of the United States, and it shall he' duly promulgated as such by the Secretary of State. July 2i—Passed the Senate ’ without a count. - , Same day the House passed the resolu- tion-r-yeas 126, pays 32; the preamble— 'yeas'127, nays35." : Such'action having .been accepted by tho elements of discord, discontent and defiance. And I speak of the party favoring the reconstruction meas ures, now to recognize tho fact that its course has been conSistent'rind^perStstent In support of the measures provided by Congress as a settlement and for a restora tion of civil government in the South, and! the party, has btren equally as determined in its opposition to every scheme which tho old political tricksters have devised to de feat this wise and just policy of Congress. ■In pursuing their opposition to Congress, thes^political charlatans have resqrled to every, oonceivablo baseness, abandoning art gument to take up with niurdcr.and assas sination ; disregarding principles to indulge in villification, and now, in their hopeless despair, we find.them endeavoring .to. grasp a Republican livery, under which they hoipo to bide their nefarious purpose. They, now ■loudly proclaim their, hot haste to promote reconstruction and to adopt measures which will successfully perfect it. While we congratulate the State,, and tho country, even upon thuj outward evi dence .that"wisdom is^returning to, our, mis guided brethren, the party door ij wide and open for any and all who desire to enter and. support the great principlas of equal rights and republican liberty, which have triumphed o ver secession and rebellion. We dcsire.the good of the whole people; that the rights of the poor laboring, men shall be equally protected with , those of the rich ; that the avenues of intelligence shall be open for all, and that a citizen’s worth shall be determined by his own of* forts and his own character, neither ad vanced nor retardedby hik'birth; his color, his religion or his politics. Upon this platform all can unite. Tho industrious, the intelligent, and those who love peaco .rather than strife, will soon abandon tho lead of disappointed; politicians, and aid In sustaining the Government. The" wrongs which have been done, the lawless outrages which have been committ ed in many parts of the State, arc the acts of but a few irresponsible persons. When all; good citizons exert their infiuenco in fa vor Of justice, lawlessness ’will ceaso. Let us, therefore^ unite in, a complete re cognition of the righto of mien, irrespective of birth, color or ^previous condition, and frankly admit, thaij.under, and before, the! law’all men are equal—that all are.respon- Sible—and-see to it that by futura-legisla- tiOn the requirements; of our ••Constitution are recognized—that free schools are estab lished and maintained, and that protection IS secured for person and property, and for thofrcpoxprcssidn of political opinions-' Let party lines be extended so as to wel come and joclude all who are in favor; of impartial suffrage and universal amnesty. Under our State Constitution no man is disfranchised,: and under tho Constitution of the Unjtc.d States no man [ will be dis qualified from holding office who is ready to maintain and uphold tho'Government. I would respectfully recommend that tho XIVth Amendment and the fundamental conditions required by tho Actof : June. 25, 1868, and theXVth Amendment be adopted at once, and- that your honorable body then take n recess'until Monday, the 14th inst. Should it'be deemed desirable by any member to attempt [general legislation at this time, His attention is invited to tho fol lowing .extract from . the opinion of the Honorable Attorney-General of tho United States in the case of Virginia; t. , ' “It is required under the previous law to'act upon the question of-adopting the * *. r Imendments] to the Constitution of the nited States before the admission of the States to representatldO in Congress. lam of opinion, therefore, that it'may come to- gether, organize, and act upon that Amend ment, but that until Congress shall have approved tho Constitution, and tho action under it, and shall have restored the State to its proper place in the Union, by recog nizing its form of Government as republi can; and' admitting it'td representation, the Legislature is not entitled, and could not without violation of law, be allowed to transact any.business, pass any Actor Re solve, or. undertake to.assume any . other function of a Legislature, if the. test -oath has not been required of its members.” :.- • db a subsequent opinion the Honorable Attorney-General decided that the’election of- Senators; at the proper time, was a'part of the work of reconstruction. ' Your organization having been recognized from to-day, the time fixed by the United States for tlfo election of Senatorg,-will oc- cur on Tuesday the 15th instant, and as it is unwise to attempt any-general legislation while the Government is Provisional and pending'; 6ur , recognition bjjf Congress] tho recess recommended.seoms desirable. I shall esteem it a personal and an official favor, if your honorable body will authorizo a Joint Committee to sit during the recess, and investigate tho indirect-charges made by the Treasurer through the public prints against the Executive, as well as any and all charges - he may now have to present * I *? Thine,ojej still sliownjor.me,tkoujAfar jr* IV>5«iy,«>Xc4thela=aorseai.;., V „ As t behold yna CT-nmg star, 1 W” " • M •I-' -Which jet beholdinbtitie'. ” Vv -*?h’!v.' :: iThis-nnirn i climbed iho-mlsty hlH, < -• ->• .« Amidst the miep-ej ed dew. 1 F; - •" -i'-Ttwir ■ '—i r« i’AT. anoddtoker. and a Yankee more Once ridinr torcther, a jibbet ptesel by; . Said tho;YanU(;o.to Fatj;“It-I -don’t make too Give that ealloWt its dnei and pray Where would -' yonbe?” « - •••» ■ . ••• Why.• honoy,” said.. he* -“laitb that’s., easily known, , . I’d be riding tb town by myself all alone.” Funny Mention. , The* woman 1 question—“Is that black hair all your own? ” Tho Boston Transcript astonishes us by saying that “seeing the buds swell from plank walks on the Common is a novel Boston experience.” Buds swelling from plapk walks must be .novel. .. . , ,.. | It j depots and workshops, will betoifee sud- A New Haven paper is apprehensive that if Connecticut does not soon chango its di vorce Iawis it will come to be known as the seeond-chop Utah ofthe Union. Wo don’t know jest what a second-chop Utah means, bnt think it must be something terrible. “My dear Polly, I am surprised at jrour taste in wearing another woman’s hair on your bead,” ■ said Smith .to. Ids- wife.' “ My dear; Joe, I am equally astonished that you persist in wearing another sheep’s wool on youi; back. .There uowl”. • GOod Advice.—An old Now England former, when on his dying bed, said to his soqr “Johnny, dorft gbt iix debt! That is my, last and solemn advice—don’t get in debt!. But,-, JoTmny.jf you do get in debt,! let it ho for manure.” , ! • degTsiq Tvs SUPREME CpUlt'E OF GEOIC’UIA Delivered at Atlanta, Tuesday, February ). [RErOBTEII KXrnESSLV FOK IBS CONSTITUTION,BT K. J. U AHlIONb, St TBEME OOCBT BErOKTEB.] ,. James 'Ail. Hoy, Eiaiptiff in errpr, Vs. the State of Georgia, defendant in. error. From Bibb. Indictment for mu'der. •BROWN, C. J. > 1. When troni the nature of tlie case the defense set up as an excuse for the killing was that itwas justifiable homicide In self- defense, it was noterror in the court to give in charge section 4:267 of the Revised Code, as the law applicable tothe case. - ■___ 2. Previous threats by the deceased'that he would take the lii'c-of tho accused, if he did not pay him some money he owed him. which were not communicated to the slayer before the fatal doed, are not admissible in evidence in justification of the killing in self-defense;: and a new trial will, not be granted to let in newly discovered evidence of 1 such threats. ■ 3. A now trial will not be granted for newly discovered evidence which is only cumulative, or intended to' impeach a wit ness,: or when it would not if beard on the trial, probably, have produced a different result. : l : 4. Jurors will not be heard to impeach their own verdict. * 5. It is tlie imperative duty pf tlie Judge of the Superior courts to hold the courts at the regular terms fixed by law, and he has no right to adjourn any of sajd co.urts from the regular term to sonic other time, by Or-, derin vacatiou, un1css.it is in the language of 'the statute “not possible for him to at tend tbe regular term of said court, from sickness of himself or family, or other un avoidable cause.” And in case the Judge, by order in. vacation, adjourns. over the regular term of the court to -any other time, for any other cause than those ex pressed by tlie statute, no party litigant can be compelled to try his case before the Judge at such irregular term! But if the' parties.in a civil case' go. tp trial without objection, they vyill, not afterwards bo heard to set up the irregularity. - 6. A defendant wlio is charged with a, crime involving liis life, or liberty^-is. not held to have waived anything,, unless he does it by express, agreement for. tho pur-’, poses of the triai. If the term .of the court has been illegally adjourned, and a party at such adjourned term; IV convicted ot murder or manslapghter, he is not bound by the proceedings, and Is entitled to a new trial on motion. '. Judgment reversed.; John B. Weoms, John Rutherford [for de- fondant in error. ., E. W. Crocker, by S. Hunter, [for the State. . " J " Mary A. Day,’ plaintiff in error, vs. Petef ...Solompn, defendant' in errof. From Bibb. Motion to layoff .Dower. * BROWN. C. J. ■ ■ 1 The widow is 'entitled to dower' out of all lands of which her husband was seized and possessed at tbe time Of his death. , ,2. \Vhen the deceased entered into aj tract for the ! sale of the land- in his life time, and gave bond for titles, andThc pur chase money was due and unpaid at the time of his fieatli.'and-paft of it is still due, the legal title remained in the vendot*, and the purchaser Udu the land in subor dination to thO tight of the'Vendor, who was in contemplation of law seized' and possessed of tbe land at his death, and bis widow was entitled to her dower out of it. 3. If the’Obligee, In a bond for titles to land, fail to'pay the purchase money Vrith- in. the time specified by tlie agreement be tween the parties; the legal title remains in the obligor*’upon which .he may main tain ejectment without ddmand of posses sion, or notice to quit.' • . Judgment reversed. *~*r 6 **'“ Whittle and GnBtin for plaintiff In error. S. HuntOr by R. F. Lyon, for defendant. Robert N. Parker, plaintiff in errror,>▼» Tbe Mayor and Council of Macdip de fendants: in error. Action for damages from Bibb. - BROWN*©.J. * -r :n* •-1. The Mayor and Council of the city of Macon have foil power and authority given them, by the Charter, to remove or cause to be removed any buildings, posts, steps, i- nces, or other obstruction, or nuisance, in tiie public streets, lanes, alleys, sidewalks, -.ir public squares of tbe city. -Under this p >wer conferred for tbe public good, they an cnarges ne may now nave ro present x ^ bound ^ k(jep the gtrl'ets, lanes, alleys would respectfully recommend that the’... d sidewalks in sncb ! condition that it Committee be authorized to send for persons.; j. sa f e and convenient to pass them, and in and papers, and to administer oaths; and 1, ■- se of failure they are liable to any - per- am confident that such validity will be giv-n injured by their neglect. : en to the acts of the Committe, by the Com- ■ . 3. A two-story, brick Wall of a bouse-, mander of the District, as may bo necessary - ' hatl been burnt down some months to insure justice; ■ RtFcs B.Btn.L0CK, ' ,,ich dilapidated or decayed as to endan- ... . FrotisKinal Governor. j:r the lives of persons passing the streets, Atlanta, Wednesday, Feb. 2,1870. .. a nuisance, which the Mayor and Coun- Xhe Death ' P^AL^.-Twenty-three '£££& years ago Michigan abolished the, death *^ on of gno h neglect, the city tetiable for penalty. Now there is considerable diS-- ; ;, e damages sustained. If the walls were, cussion in both the pnlpit and the^ press or; -oundand-steady, and did not, under any ' ordinary circumstances, endanger anyone S assing tbe streets, and should be thrown own by tempest or other act of God* a person injured by-the fall would have no right to recover damages for such injury from the city. - •- -- Judgment reversed. Bacon and Simmons for plaintiff in error.- - S;Hunter, by Iverson L. Harris; for-de fendant. — • •'■'* • if-While we should not gi\-e-too-narr<-Hv a t iCOflstrcction totboword- 4 ’appurtenancrs'’ , .jXJMOukl ftoaiw roaionableconstruetian. .. . Tlie term embraces ail the no ussiu-.v.d*\- pdts, slioiVs.'ahubtlief'tuildiiigs'of (liecoiij- panjr.'femiWi’aH:' propet for : tht ! a ** management of the rold;-together with lt r _. suchiquantity of-land--as may-bo covered ..I T b J'W»ctualljiaiece*8aryifoii;s»*ii:-H6evbut , *. fOmqjSqv ‘. :a iua 7 - liThe remarks'made iq rererefide to wd*' '* al Railrditl dn’not aptrl.ddb Infill Vh!P , ”HtW ids as have a oiansein’tlie charter ex empting them from-taxation-beyond one -tinif pf out ped-eento upon- tUrtMbb- x .comeSj^wjjLhout^uy -sucU pnjv'uiup as.is contained Tri the charter of the l Central‘ ,ou * -Railroad, reserving the riglit'-Of taxlAlon • 3 ; ! to municipal or other corpctratibn^-as the Georgia and- Soirthwestern-Roads.-tor i«- stotjo(F+-\vhosorcharters.*.cttntaitr ao mieli • j P.rovlfisq.Mi.favog.^f.coun^or pity enJ <►.»•» HunterV&.'&'ltotihrdriei'for plaintlfi 1 ’ oul in-erfor. !" ■»P|l, l IH"^.nlUl^ Of $aid cod pan its,.ahd is not liable toRc taxed in.an, qthcr.manner' thau' is sfabMfiedln'tnelr respective .charters;'but thaTariy 'otAer eriy owned by [saidhb’mnanies, vf-hicli' if nctcisary and proper, forthe puniose' bying, building fend 'sustefnrty'^siHd roads and not appertaining thereto, may be I taxed by the county or fftlier corporation! I in the same ratio of taxation ^f like pro p^ erty. - Meld furthersiThsX.tho property:of: thorcspectivQiraiiroad eouipapiesspypi^ , in tho record is not liable to be .taxed by the county of Bibbi except lot nUthber 2| in' block’74, and’that’the Court below erred in holding and deciding that.said lot num ber 2, in block 74 was exempt from taxation by. the county. Judgment reversed, . McCAY, J., concurring, ■ -U 1 - T. By the laws of Georgia, as they now exist, no county tax can be collected'upon nv property noFtaxcd by the Btftte; 21 When-tho..BtoUs in ti ....... the grant of-a charter , to a Railroad Conipany, provided that the §aid Railroad and Us appurtenah- ces ” should'n'OtTietaked higher than 'one half of obe per cent; upon its net income, the “railroad and :appurtonance*”. nici]- tioned fairly inclpdqd not only, the road and road bed,but stations, tanks/woodsheds,' depots, enginO-hdnses; shops tor tho con-* Struction and repair Of its machinery* offi ces and other buildings aqd property .nec essary for the convenient and succcssfh) construction and i-Unhlrig'of the road.' " 3. In the Charter of the Central Railroad, the State has expressly reserved the right to authorizo municipal and other corpora tions (which includes counties) to tax for local purposes the property of said Com-’ pany, of any character, within the locality at the same rates as taxes are assessed up, on tho property ot uatural persons: but, though such a right is reserved to the State', it has not by any law been as yet conferred on the counties. .. ..-. 3. Real estate purchased by a railroad company, to be used as a locality on which to erect depots,' hud over Which to lay a track, in pursuance of a contemplated Change of depot site, does, not become “ property appurtenant” until Jhe change is actually made and the former site aban doned. 4. ; When there is property bf a railroad company in a county, subject to State and county tax, which is pot returned to the proper Tax Recciver.it is the right and' duty of the Ordinary to cause the Collec tor to havo the-tax, both State and county, assessed and collected. i&ISti forplaihtiffin<Jrrovi • .*ai oqwvi & Anderson.for.defimdant. . a* „ t.; Sout|iwestern Railroad CompahV*T!!!'OFcKr’ ,! iU*hpin«SODV’«tk : 81. !, [ Bill und 1 «eimttref' - ftMffiBlbti.LUwc ill Alltel *•.! • ;• njn'i!' mqcay, j. *r '■ . Railroad stock, under our law, is personal*' * assets."' ‘ WhePthCroutB no debts unpaid, and the-11< » administrator of an estate illegally, .dis-s ..... poses.ot property of the estate, and is in- , solvent, equity will entertain a bill filed bv * the licirs at law to recover the property so •* ■ Illegally disposed of, or to-decree an ac count of its proceeds. «• - When an administrator, without autbor- ity^duposed at private sale ot Southwest ern Railroad stock, and tbesamc was by dl- rectipn of the admnistrat&r -transferred, to the purchaser on the.booksof thecompanj’, anff ft is not known to the heirs who is tire present bolder.of tho.-stock, • :: * -u,.- ffoldiL Thatas the company is bound to ■pay the dividends to tlie true owner only,'. •Jt is r * i,.. 1 Whittle & GusttnrLyon*. ‘DcGraffenrcid & Irwin,:lAWCOtv fObdofetKlantr. .aj.Tii; i'i Jgtbtjs' ‘di, Mcifilrney^Vs!* Hofli’n/s-'' ‘ U ■i wbrth:' TSfeW triad,'from UlWi. McCAYf J. %!'• *- art - • anaskzu—ti4L *t li.ztvTitU -.45 thftt»he.«Kidcnf» to support a yordigt. a and the presiding Judge refuses a new trial, there be Kw A this Court, Qugh it may not bo^atistied with the verdict, it will not reverse, the decision of R- n proper party to a, biliilled to discov er tlie present owner, and praying a re transfer of the stock, and an accountOf tfie dividends. —• . Ueldfuather: That the present holder-of the stock is .also a,.necessary party, and when discovered by the answer,'he must he' proceeded against JtS ittch before any final decree can be had,--either as to.the transfer or the dividends. . .. Judgment affirmed. Lyon, DeGraffenried & Irwin, Lawton" for plaintiff in error. whittle & Gmtlfi, TLHlllfordcffendant. J....R; llorne Bna.A.J. Round ys-.Thomas Young,,t*t.aL..Complaint,from, Dooly. MCCAE, Where, in 1S01. thelioliler of. 3 promisso-’ of the minority reports found still another jw the admission of Senators and member dtmnalified.:bnt the otherfliiifori4 ^ « Rer nea rlv ten in tbe Senate.’and. • upon: prevlo*aY» ttiUHV tjJCB"Clees4ot>,-CX-: rnemner aisqnamteo. trat tne otneripinpfp mil naartg ten hUc^taMWtot! fieS'fw9Tifi miy-bcHterritheblsedTorpar-; ty report found -Hwt.-*ll..w8re qjwtiW/W^K SvWoSrei todk-i’irv Conimitree. ThisTtiC^tioOrd the rebeinoAbtiprf^Odyat The last repdrt was adopted, bv tbelHousel veM^^Mdenn^steay, onc^orea i• and when such Cohstlnulpn -Under-the operation of; the previous qnes-f that State, as to whether it should not be restored. It appears to have been found that, while society* spared the murderers, the murderers foiled to spare society, and hence the effort to put things on the foot ing of equal .rights, to. wit: life for life.' There is, it is true, something' to he said against tho death penalty, since there-are few men. we faney, who have seen q fellow- creatore hanged but have shuddered at the spectacle; but, perhaps, looking to the good of society, the best rule is to be found in the bargain proposed By a witty French man to all assassins: Gentlemen, when you cease to kill us ws-will cease to kill you. Ex-GoTernor Solomon, of Wiscon* Ordinary of Bibb County vs. The Central Railroad and Banking Company* et, al. From Bibb. WARNER, J. When, by the Charters of certain Rill- road Companies, they .are authorized “ to purchase and hold all real estatejbat may be BROWN, C. J n concurred in tho reversal of the judgment as follows: Tlie charter of the Central Railroad and Banking- Company contains this provis ion : - " ' • “That the said Railroad and the. appur tenances of tho same, shall not be subject to bo taxed liigbcr than one-half of one per centum upon its annual net income, and no municipal, or other corporation, shall have power to tax tho stock of said Company, but may tax any property, real or personal, of said Company, within tlio jurisdiction Of said corporation, in tho ra tio of taxation of like property.” It is insisted that this is a contract be tween the State and the Company, whicli forever exempts the company from a higher tax than one-half of one per centum on its net ihCome, -' and that they arc entitled to this perpetual exemption from taxation, no matter what may be the exigencies of the State, or the burdens of taxation upon her people. If this-be so, iffis certainly but just to hold the Company to such part of the con tract as is favorable to the public. While the State lias relinquished her right of taxation over the road'and its ap purtenances. the Company has expressly agreed, on its part, that a municipal or other corporation may tax any property, real or personal, of said Company, within its jurisdiction, in tho rattoof taxation of like property. . . . Now* it is argued that this provision only subjects to municipal taxation such prop erty as tho Company may have purchased inpayment of debts, and the like, which are not appurtenant to the road, and that this view is strengthened by the inhibition to tax tbe stock of the Company, which, it is insisted, includes the road and Its appur tenances^ But if this view be correct, what use was there for tlie provision,tliatamunicipal.or other corporation, may tax any property, real or personal, of - said Company ? The State has not relinquished her power to tax any property the Company may own, ex cept tlie road aBd its appurtenances.'Prop erty purchased by the Company tn pay ment of a debt, not connected with the road, and not appnrtcnant to.tho road, being tax able by the State as other property, there [could nave been do doubt about the power of, the State to authorize municipal corpo rations, also,-to tax it, and in that view of the case, the provision in tbe charter, now ■under consideration, would have been sur plusage and altogether useless. It is very evident that this language was intended, when inserted in the contract, to mean something.' And I think it quite as E vident that it does mean, that while tbe ;tato.may not'tax the Road and Its appur tenances more than one-half of one per centum on its net incomes, the municipal corporations and- county corporations, through which it runs may tax any of its property, real or personal, In the ratio of taxation imposed on any other.like prop erty, that Is, on any other real or personal property withlh the city or county, and subject to taxation;by lt. Treating the charter as a contract, and admitting, for the purposes. Of this case,- that the State may, by such contract* re linquish her power of Taxation, and. it-fol lows under a fair and just construction of the contract, that the State may tax all' property of the company, except the road and its appurtenances, and may authorize the counties, or other: municipafcorpora tions, through which the road runs, to tax any and all property of the-road, includ ing the road bed, which is real property, as well as any personal property it may have, in any auch county, in the same ratio with other real or personal property in the county. That is. if other real or personal property is taxed- a certain per cent, ad valorem, the property of this company is subject to a like per cent..qd valorem, or if the tax on other property- bb specific, the like specific tax may be imposed on the property of the company. . . But whiie I have ho doubt Of the power ofthe Legislature to authorize the coun ties, and .other municipal 'Corporations through which' the-road, run A to impose such a tax, the question arises In this case, whether that power hafe been exercised as to any part of the property ; of the com pany not subject- to -a -State tax. And. I atn satisfied, after looking into the ease carefully, that the Legislature bas -not con* ferred any such authority oh the county of Bibb, or any Other county- The county, is only authorized to levy a' per cent, on the State tax. • Now. as the State is not aur thorized.to levy a tax on the road or ita appurtenances, ip Bibb county, and none such has been levied, there is no State tax upon which the cohty 'cah assess a percent. Iftbe Legislature shouldi at any time; con-, fer the authority upon tllecountyto assess a tax upon the property of the company within its limits, it will be necessary, .to nrovide some mode of • assessing and col lecting Itother than the present mode. of. levying a per cent, upon the State tax. But lam satisfied that all property pur chased In the couDty of Bibb, for the pur pose of-locating new depots, or for any. other purpose, is subject to both State and county :tax. till actually .occupied by security, which fist note was to be paid in Confederatejnpupy., Jleid: That this was a new contract, and the amount duo there on is to be ascertained under the ordin ance of 1S65, relating to contracts made during the war. - 2. Leld further, That in adjusting tlie Equities between the parties the jury may look into the original consideration, the value of the old note at the. time ofthe new contract, the consideration ofthe new-con tract and the different relation ofthe princi pal and securities to that consideration and should the evidence so authorize, they may, under our law, find a verdict for one amount against the principal and another against; the securities, accordingly as they may find the true Equities of the parties. 3: in cases arising under the ordinance of 1S65. for tbe adjustment of Confederate contracts, either party may be. a witness notwithstanding one of the contracting parties is dead. Judgment reversed. • • S. Hall, 8. Rogers, Date A Ryan, for plaintiffs in error. J. Armstrong for defendant. ! M. A.Huson vs. G. B. Roberts, ct al; New- trial—from Bibb. WARNER, J. IVlicn a suit was instituted by one part ner against bis co-partnere, to recover his share of the proceeds or profits, of tlio co partnership, and It appears, in evidence, that, the co-partnership contract wits for the purchase and sale of tobacco, for thc- inutual benefit and profit of tlie partners themselves, ono of. whom was to furnish the transportation Of tlio tobacco, from Au gusta to Macon, and the partner who was to furnish the transportation of the tobacco made a contract for thc-transportation of the same, with a Quartermaster of tbe Con- lederate Government, with-the knowledge- and consent of the other partners, to havo .the tobacco transported in Confederate Government wagons, as tho same were re turning empty from the Railroad depot, and agreed to pay for ’such transportation of tbe tobacco either in bacon or Confede rate money. . .. .... Held, that;this was not such an executory contract, made' with the intention and for the purpoie of aiding and encouraging the rebellion, as made it illegal and void ; that the intention and purpose pf the contract ing parties was to aid and benefit them selves. and not to aid and encourage the rebellion, aqd that the court below erred in granting fe . new trial in tlie case,'on that ground. . ‘ : Held, also, that there i* sufficient evidence in the record to sustain the verdict of the ’ •%, *ment reversed.' • R: F. Lyon, Jno. Rutherford, for plaintiff w/lbDeGraflenrcid, B. It. Hill,'for de fendants. '* P. E. BOwdre, Trustee* wHfeeon ami Brunswick Railroad Company. Ulegali- tyfromBlbb. ''i'i-’!-- - - > • Warner j. When, on tbe trial of an issue as to the amount due oaa Copfedrato qpntracte un der the ordinance of 1865,-thc plaintiff pro posed to prove, by a-wltnesfl, that the defen- dant had.'invested the.Confederate money received from the plaintiff in cotton, at ten and twenty cents per pound, atfd got for it forty cents after tho-war,-which evidence, so proposed- to bo offered, was .rejected by tlie court; Held, phat it was not error in the court in rejecting the evidence. -Held,' •further, that although the court may give • • a wrong reason for -Its judgment,£tlll. if the judgment-Is.right, this court will not reverse ii;. • - Judgment affirmed:’ V .' * ’ “ W. Pde.S. Hall, for plaintiff In-error. Whittle and Gustin. for defendant. . . . Hoar's Opinion tin the Georgia - - . Bill. * •. WAf&VOTmfr February l.-^Tho' Vice! ' '* president laid before the Senate a" Conimtt- ■nication from the' 'Attbrndy-Genfetal; in re sponse to a resolution of the Senate calling* for a copy of *any communication sent by . him to any of* 4he United States military authorities,- relating.to affairs in Georgia,, since the passage pf tijo foft act.of Congress concerning that State. • The Attorney-General replied that he' had giveh no official opinion in writing;but’ had informally, upon one occasion,* at the- roquest of .the General of the Army, mad* a private memorandum ot his. views, upon, particular questions.'. The. communication , was referred to the Committee oq Judiciary , referred to tbe Jn.rwiary Committee. .This i cq>.i......*®Lj.-wi n-such Constitution Under the operation oktoe previous quea-fState in the Union. Our Constitution will sin, hafe' opened a law office at No. 1411 necessary and proper, for the purpose of speh manne tot*ih?^ctWoSh^ forced uj.on.the eietaion^ B^TW W*ork. • ^ Joying, building and sustaining* said rail- EgWure (INDISTINCT Print BniLLiASF 1^ , Er(Dn,•o , tx- OtscisxA'n.— The Cincinnati Enquirer, of tho 28th, con- . ■ . tainrn-graphie-account-of the ■nuptials.in.' »' the aristocratic- cirplea of. SevcnLhjUreetin,..,, that city r of JKeneltaiT. ,D?g])y,..a jnctuber > __ of tha Britiah .Parliament,. aud Miss Groes; .. beck, daughter of, Hod. W. SI Groesbeck, formerly a prormnenl'meinbef'oPConi^ess '' and one of th3 counsel for TiiesidenV John-' -'- son ift'tho' lrite'impeachmeat -trial. -Tho -- bridegroom trices : his ancestry back to the-- - troublous’ times of Cbarlos the. First, and. the bride was. a reigning bolio of. tiic ; Qu.cen mi) Gity.. Seventh.Street.was in a blaze,,an,d..j thB-palatial,te aI, ( ; i 0 ? 1 °‘.tee bnde’i lather was all agtittcr witb.'dizzlincboaufics,cosl'-‘' “* • • , • Tv toilets and fashionable' refefiWties. Thfe and are"occnpied by the road as snrtalhly.^l’Py.'couWo^tert-On a-special .car, ’on will then bo part of the appuftenances ot ff^ttrstlay, forNeteYork, whence ths\ ■the road, riO longer subject to- at State tex. ; embark -formeiry aid .England,.».t and^can 1" : ’WsF^Hi• such manner as may bo prescribed uy.ine;.- p w J , , , • - - - - And upon tho removal to, “teat old thief uomn. ...... ;' --‘T-ws. r-*-;;' 1 . 4 » A 1 rfffia '•* “* ' •• FVU,'-};. - the road for such purpose, So soon as as the mew depot buildipr" — *"*—