Newspaper Page Text
6.
THE ATLANTA WEE K L Y SUN
THE DAILY SUN.
Friday, December 15,1871.
The Communication of Albus.
Wo call the special attention of our
rca&rs to-day to an article over tlie sig
nature of "Aibus." It is from the pen
of a cloao t hinker, and clear reasoner.
All laws should be made with the object
of securing the administration of Justice.
If the eetablishmontof absolute Justice
between man and man, is the perfection
of reason, as it has been claimed to be,
and properly so claimed to be, then the
establishment of good Government, by
which, alone, Justice can be secured, is,
also, the perfection of reason.
Free Institutions can only be maintain
ed, and perpetuated, in the forums of
Season, Truth, and Justice. They rest
entirely upon the intelligence, virtue,
and patriotism of the people.—
The chiefest of these is intelli
gence. Without this the sublimest
virtne and the devoutest patriotism can
avail but little. The guide of intelli
gence, which directs virtue and patriot
ism, is pure and sound reason, which, on
all questions, yields to the demands of
“inexorable logic,” let the conclusions
bo what they may.
All that is useful and great in human
progress, in every department of knowl
edge—in Science, Art, Government and
Morals—rest upon the same unerring
principle. '
Our object at present, however, was
simply to call attention to the communi
cation referred to in the caption of this
article. A. H. S.
[communicated. ]
The Vacancy in the Supreme
Bench.
1. The Constitution distinguishes be
tween filling an office regularly and for a
full term, and filling an unexpired term..
After the office ha3 been once filled the
terms “vacancy” and “an unexpired
term” become synonymous. To fill for
by Executive appointment. What is the
apparent intent of this clause ? Its main
purpose is to limit tenure and to put it
in the power of us who live under the
Court, to have a change therein every
four years. The tenure of the first reg
ularly appointed Judges is to be differ
ent in time—one holds for four another
for eight, and the third for twelve
years—and afterwards each successive
regular appointee holds for twelve years.
And when an nnexpired term is filled,
the new officer will hold only till the ex
piration of that term. This last provis
ion was necessary to accomplish fully the
intention to give the power of changing
the character of the Court every four
years.
Now, when the Constitution having in
contemplation this object of regulating
tenure, which is utterly independent of
the mode of filling, uses this word “ap
pointment,” a term which may be
ambiguous, which may be used
carelessly, which also may be held
to mean election just as, by a famil
iar rule of construction. • a remainder
may pass by a grant of a reverson and
e converse, and which may, also, mean
the act of the Legislature in filling an
office—this word, ambiguouslydescriptive
of the mode of filling, and used when
the mode is not in contemplation—is
seized upon to neutralize the clear and
plain enactment wherein the Convention
fixed the mode of filling an unexpired
term, and wherein they said, by over
whelmingly necessary implication, that
provision could be made by law for filling
vacancies. This v6ry word “appointed”
occurs in one of the passages of the
Constitution under discussion, where it
may designate any mode conceivable of
filling an office. I quote the clause
again from the Constitution of 1798 to
show bow old is this ambiguity. It has
been used in the same sense in all our
Constitutions. It is the conclusion of the
clause as to vacancies: “And persons so
appointed shall continue in office until a
LOCAL NOTES.
tators? If to oppose robbery of States
and the destruction ©fait local govern-.
ment; to place tho superior under the Mink Skins—Tun Fub Trade.
inferior race, and subject that superior Those who can procure Furs would do
to be imprisoned, fined and driven into wed consult the card of Bertrand
ei ile for the crime of having loved too h £ ^ Sun this morning . H e is
well the land of their sires and the “ * °
homes of their hopes and affections, un- a celebrated Fur trader. He formerly
der laws which none but cowardly ty- lived in this city, where he was well
rants would exact, or slaves would wil- known, and enjoyed a good reputation as
lingly accept; if to reverence law when| ght gentleman,
sanctioned by the rightful authority of B B .... .
mingled consent.and power to pnnish the J What is tho credit of a State
guilty under ancient forms and shield the individual good for ? Should it be care-
innocent, the ignorant and the helpiess; preserved, or should it be abased
if in a word, to advocate justice mercy d rained b assomW obligations
and truth always, and never legalize op- K ®
pression, wrong and usurpations ad which are beyond the power of payment,
finalities; if such principles are Bour- which are unjust and fraudulent ?
bon, &c., bind them on our brows as I The person, corporation, or State,
and Freem. n.
From the Savannah Republican, 13th December.
“Innocent Holders.”
and refuses to pay dishonest ones, pre
serves its credit untarnished.
The Bond Ring has had its back
broken. The present Legislature could
not be Imbed, and their efforts have so
far been iu vain. All bonor to the Gen
eral Assembly which has not followed in
The acting Governor, in a recent veto
message, speaks of the “innocent hold
ers” of Georgia bonds, and holds that
the credit of the State demands they
should be protected, whether the bonds I the steps of the Bullock gang,
were issued illegally and fraudulently or ^ EtjkaIi Southerner.-This Agri-
not. We doubt if Mr. Conley would ,, . T , , .... ..
reason that way if an illegal or fraudulent cultural Journal, has steadily won its way
claim was presented against himself, no to popularity, and usefulness. "When
matter how “innocent” the holder might I Mr. Echols first commenced publishing
be. We ask him for a candid answer— it i{a ^ demi3e was predicted, but
would he pay such a claim, or would he ever ,’ ,, , / , , 7T ,
consider its payment necessary for the ^ r " Echols has managed it with such
protection of his individual credit ? If tact and ability that it is now one of the
the acting Governor should not answer, greatest favorites. It is published month-
we hope some loud-mouthed, anti-repudi- j in this city, by. Echols and Wilson,
ation Radical who has stolen all he could I „ ,, , . ' .
lay his hands on, and all of a sudden be- * or ^ be 3ow P nce °t $1.00 per annum,
come an apostle of honor and good faith, The Rural Southerner has been very
will do it for him. much improved of late. It has a baud-
S*«KTST 2SS coring,printed,
by Bullock, under the authority of that 6181 class P a P er and 18 handsomey gotten
. J corrupt body sometimes spoken of as op*
successor is appointed agreeably to ihe the Legislature of Georgia, or with- Read the announcement in this mom-
mode pointed out by tins Constitution, out that authority. Every capitalist in ine’s Sun for clubbina with other iournols
or by the Legiriature.” I have '“der- America and Europe know full weU “H 8 clubbingwitfi otfierjournals.
scored the last “appointed.” In ourpast I lhe circumstances under which these I TIus ^ Yes arare °PP ort umty toget two
history this word may have meant, asap- ao-called obligations were created—they papers for very nearly the price of one.
plied to different offices at different times, knew that they were “conceived in iniq-J Bash TUt.t. Game.—A match game of
election by tho people, election by the u it y> and brought forth in sin”—that 4 ]. Base Bij ji D i aTed yesterday afternoon
Legislature, as well as Executive appoint- they ^ ere created by a body that wa3 ^ i5aae was played yesterday afternoon
me pt. I debted for its existence to fraud and Eed- near ^ be S. Barracks, between the
A man makes a will, he de- end bayonets, and not by the tax-payers University Nine of Athens, H. L. Collier,
vises land, he eschews all quali- Q f Georgia; and it iiad been rung into I Captain, and The Actives of Atlanta, T.
fications, all conditions. His words their ears month after month, by the a ciavton Cautain Much interest was
the devise are so clear that S :ate preSj5j andthe press of th ’ North, ** 3^’ ^ tam ' Mucb ^terestwas
fill the office of Judge in question regu-1 be ^ aa a life estate. Would miy I f or a SO ng, taking the chances^of pay-1 Clayton, Atlanta; Scorer, (Ml
larly by appointment that the mode of feTth^teSr^ tetenUon^ But the me %, mf 1 y ° U , 8UC f h holders “inno-1 Clayton, Augusta,
filling vacancies is the same. This as-1 ~~~ * I cenfc? The ? are 3«st about as innocent
sumption, if carried to its logical conse
quences, would require the action of the I f or *. be . Legislature, . .
~ , xi />. » -x tradictmg the testator s devise is plain S f 0 i PT1 citv.
meiit to T fill anv vacancv^n the Sunreme r amti8U f U3 ’ aad “ ucb *? rtber . in No: the plea of “innocent holders” The State Credit.—It is strongly
ment to lilt any vacancy in tne bupreme its difference of meaning from the devise w jii nn x wp nn nnrli nownni , , ,, t» •, t>- . ,,
Bench, and would make Judge Loch- than the word seized upon here, is from ; n w ; g ^ nf!P ’ and as many who claim to b ^ tbe Bon< * King and those in
rano’s appointment illegal, it having been the unequivocal grant of power to the be S11 eli were doubtless erWHnterq W1 -x b its interest, that the credit of the State
made without the concurrence of the Legislature to provide by faw for filHng £,mart not be tarnUiea.
♦,J th0vacancy lu T . , x x j xt. . see them profit by the villany. We would like to know wherein the
Hie | Suppose the Legislature enacted that 1
specimen of his improvisation while lying
on his back in a moist gutter, contem
plating the celestial vanlt:
“I swear, egad, I see the Devil
A sourin’ through the sir;
By Jove I he has old Bullock swingin'
And danglin' by the hair.
And Blodgett, he comes floppln' arter—
A vulture on the wing—
And glutted with hie spoils from Georgia,
Skedaddles to his king.”
Lowry admired the spirit more than
the poetry of that apostrophe, and
charged $5 for poetic license.
MR. JAMBS O’NEAL,
a gentleman of African scent,, paid $2
for a pair of old boots and $10 for at
tempting to recover his money, Lowry
thought it a better investment to buy
new boots, and—pronounced the bene
diction.
GEORGIA LEGISLATURE.
THIBTX-SEYENTH DAX’S PROCEEDINGS.
SUN-STROKES.
credit of the State is different from that
of an individual? If it will not injure
Senate.
The Constitution directs that
Judges of tho Supremo Court shall be I hereafter the Judge of the Western Cir-
appointed by the Governor, -with the ad- cuit should succeed to any vacancy oc-
vice and consent of the Senate. If this curring in the Supreme Bench—would! c^-Wlien the English teleeraDhersi the credit of an individual to repudiate
applies to vacancies there can ho no es- anybody question the constitutionality of i , ... . „ , , . . » a frandnlenL illegal and uniust claim
capo from the conclusion that a vacant SU ch a law? They can make another pro-1 it was not a “stroke of hghtmng. I a fraudulent, illegal ana mqust; claim
judgeship can be filled only by appoint- vision by law just as constitutional, and 7“ „ . u P on him » how caa the 8141110 1D3are the
ment, with the concunence of the Sen-1 they have made it—they can enact as | Tlnngs are warming np in j state’s credit?
j.*--. — a .1-- xi It would injure the State the same as
Things are “ warming np
ate. What right has any one—applying I they did on the 1st day of*" January, 1863,1 France, notwithstanding the thermome-
the clause—to leave out a part of its that the Legislature may fill such a va- ter is reported 16 degrees below zero,
plain letter and spirit ? A similar argu- caney by election. Arbus.
ment would require a vacant elec
tive office to jbe filled by elec- I From the Columbus (Ga.,) Sun, 9th December, 1871.
tioD. But this clause of the Con- j Memphis Avalanche—-Again,
stitution, above cited, has never
been held to apply to anything but fill- I The AvMitcbe is mentioned by the Columbus
General amnesty will hardly com
mand the attention of Congress before
the holidays.
inrr TAfralarlv tlmt iq to nnnnintmpntq ( Ga -) Sun an among the journals which “provoked ]
mg icgumuy—iuat is, io appointments or not pr0 y 0kedi nevcr mi33 an opportunity to make
where it IS intended that the appointee a lick at Mr. Stephens.” The philosophy of all this
shall hold for a full term. A vacancy ths able editor on “two common elements
• 1 „ xi.^ t of human nature—first, envy of superiors, and sec-
is to bo filled under tilO other clause Oil ond, never to forgive those who have injured.” The
special application, which, by necessary Avalanche is a great and good newspaper. It has
implication, ompowors tkeLemslatore to
provide by law for snen a contingency.— | ing personally offensive to that gentleman. It has
They can provided they do it bv law assailed his doctrines because they are injurious to
x„ fill f I the best interests of the people; and the public have
VOSt the power to fill vacancies in some accepted our views as correct. The Sun seems to
One else. They can, therefore, provide View it a crime to differ from Mr. Stephens. With
tVint. +lipmRpK-/aa mm fill hv xluttinn men’s names or antecedents we have nothing to do.
o -• I Mr- Stephens desires his past to be held sacred
tion
an individual, to repudiate an honest
debt; but to assume the load of frauds
which Kimball, Bollock, Blodgett, Clews
& Co., and the Ring have tried to fasten
upon us, would surely ruin our credit. It
are now I -would be assuming more than we could
Louisville woman attempted to
kindle a fire with kerosene. The coro
ner’s jury “returned a verdict in accor
dance with the facts.”
J8©* “Designing young men’
annoyed about the nobbiest things in I pay, which would of necessity break
cards for New Year’s calls. | down our credit. If we pursue an hon
est course, our credit will be maintained.
Ponu Tax fob 1868, 1869 and 1870.—
l The Bnllock Legislature passed an act
i suspending the collection of poll tax, and
declared it illegal This was a partisan
The New York World last week I political measure, which had a dishonest
_ 2. Here is the clause of special applica-1 ho must keep within hu“limits!' He baT'chosen to I published a very elegant obituary of the purpose to serve,
’ ‘ The present Legislature has repealed
that act, and has made it the duty of the
Comptroller-General to issue special in
structions to Tax Collectors to collect and
return the same before the 1st day of
‘ 4 When any office shall become va- *et himself up »b a target, and if fired at can have p rince of Wales. The Prince w ill prob
in 4l,o i no valid reason to complain. Mm worship is a ^
te., vfie UOVcrnor Shall bave power I weakness of which it would be wen for our Georgia j ab ]y five to read it,
to fill such vacancy, unless Otherwise pro- contemporary to dispossess itself. * »
vided by law.” It is worthy of note that I We give the above in full from the An effort is being made to induce
tiie exception which I have italicised is Memphis Avalanche, and propose to Hon John ^ Bingham to oppose Slier
first found in the Constitution of 1861. prove from an editorial in the same issue _ .. , _. . 0 . , . retuixi «.uo
That of 1798 gave, without qualification, as the above, that its professions of De- for United States Senator from
tofta Governor power,toM mTjern-1mocraoyhjpocri^I..a^fregieat|Ohio. Thoyttont Bmgham can bang| ^eompliaooewitbNdsKbj.Uadi-
son Bell, the Comptroller-General, has
cies. These are its wordsin full: “When misrepresentations of Mr. Stephens and fii m .
any office shall become vacant by death, bis friends, are the results of gross igno-
resiguation or otherwise, the Governor | ranee or corrupt falsehood. The Ava-
___ _ The unmitigated cuss of the Sa- issued a Circular to Tax Collectors, spe-
shall have power to fill such vacancy; and I lauche calls itself a “great and good news-1 vannah News is the only individual who c j a fiy directing them to proceed with-
persons so appointed shall continue in paper.” Where is the modesty and wis- L ould poss ibly have remarked that “A
office until a successor is appointed agree- dom of Solomon wfien fie says— Jrraise ‘ ... n . . , . ,
ably to the mode pointed out by this Con- not thyself, but let another’s lips praise talented manumitted citizen of Alabama
stitution or by the Legislature.” thee?” Who before ever heard a “great committed suicide the other day by stand-
Until the Constitution of 1861 was and good” man call himself “great and i ng t 0o c i ose to a mule,
adopted it might have been argued with good?” The very affirmation proves its 1
reason that, as the Executive was consti- falsity and shame. Akin to the same
tutionally empowered to fill all vacancies, egotism is the following:
any attempt by the Legislature to take I «<85x months ago wo doubt if there was any other
this power away by statute was fntlle. journal than the Avalanche that ventured to suggest
This firmqtitnfirm of 1861 which 1116 P robabiUt y of 016 necessity of the Bemocracy
A111S y-onsumuon OI aqua, I voting for a Republican in 1872.”
to SpoStment Sh the °{ “ ch a suggestion being n
concnnenc^of tbegnn.e, snade.anotber| —^-go^on^wo^be.
out delay to collect and pay over to the
Treasurer the said tax. Let all who have
takep advantage of the provisions of the
Bollock Legislature take notice.
&3T The latest disposition of Fish is I Mayob ’ s Counr.-His Honor was in a
to send him to the Court of St. James, ^ tribunal morning,
vice Schenck. It is to be hoped the Gov- Pleading mercy for one of his wayward
ernment will not send him as a fair sam- lambs * Hia motto 13: “ Befcter tbat nine '
ple of the best Fish the American market should go unpunishe d than
affords that one innocent should suffer.”
In this emergency, Lowry was dele-
iahd >tot I the Avalanche hal been doing, nnder the Savannah Nem, under date of devil fte ^ „' 1
It mfttt/ra not whetln'r the substance o! *? ““f of nemocracy, t,U it conld to the 12th, telegraphs the follotring of
Code 202, while in the act of 1845, or- effee* the suggested n^cssity. An open Georgia matters and men:
ganizing the Supreme Court, was law or Republican sheet could not have done as Akerman’s resignation has been placed I
Sot before the adoption of this Constitu- mucb to sucb 80 ead * Tbe a ? d at tfi e disposal of the President,
tion, for when this Section 202, directing 8°°“ newspaper, always within the Lochrane, signing himself Chief Jus- sore to Lowry, and a pest to the city. It
that the Legislature should elect to fill bmits of * 6 P ro P ne ies > further says: y ce s U p reme Court of Georcria. is an execution to his usual deuortment
CHARLES AUSTIN,
the celebrated gorilla-negro, was accused
of being a fooL This .negro is an eye-
is an exception to his usual deportment
if he is ever found behaving himself.
Lowry—thanks to his ingenuity—gave
him two alternatives—thirty days in the
that the Legislature should elect to fill I umits OI lue propneu.es, xunuer says: i y ce Qjq Supreme Court of Georgia,
the vacancy, became law on the 1st day of baa ^ten a letter to the President in |
January, I860, it was not then in con- Democrats to view a probable dissolution of the favor of Robb. He says that there is no
ffict with any clause of the Constitution; party with complacency.” against the latter,
but, on the contrary, such a provision, by Can it be that the “great and good" is The effects of this letter are neutral-
law, for filling the vacancy was then, for so ignorant as not to know that at the ized, however, by information conveyed J calaboose, or “transportation for life.”
the first time, supported by a Constitu- time Mr. Stephens was quietly writing a to the President that Lochrane is em- jj e eagerly seized the latter. Piobably
tion. The Constitution of 1865, as to fill- book full of political knowledge, and ployed as Robb’s counsel. w "T -n v • L i
ing vacancies, is an exact copy of its imme- Mr. Toombs was an exile in a foreign J.E. Bryant has arrived here. He P. 8 ”” 11 ™fg° bble tomnpto establish
diate antecessor. The Constitution of 186S land, that the principles of Democracy comeson for the purpose of working his astounding theory of progressive de-
con tains the same clause, merely drop- then, were the same principles as now. against Blodgett’s admission to the velopment, when he will, doubtless, be
ping the little word “for” after “provid- The “impracticables” who now view a Senate. transformed into an angel with “wings
ed,” without any change of sense. These dissolution of the party with complacency Chamberlain’s Ku-klax dispatch has
three Constitutions have each and all left the Democracy ODly a few months created considerable feeling here, and
supported, and not abrogated, the Section I ago in search of golden wedges and Baby-! will be used by Morton in favor of seat-
of the Code relied upon by Mr. Stephens, lonish garments in the camps of the ene- ing Blodgett.
Let it no longer be contended that the my, and like many -who go after wool, ’ ”
section is inconsistent with the supreme now come back shorn. The “great and
law. good" has only met the fate of all deser-
3. But this other clause of the late ters—despised on one side, and suspected
Constitution is cited: “At the first ap- on the other.
pointment of Judges of the Supreme The Avalanche, speaking for the Dem-
Court, under this Constitution, one shall ocratic Southern Press, says a majority
be appointed for four years, one for 1 incline to the proposition that Democrats
eight years and one for twelve years, but must unite with disaffected Republicans.
all subsequent appointments, except to fill I The leading Republicans have already
unexpired terms, shall be for the term of refused to abandon their old party, and
twelv ‘ * ‘ . . - -
I of the sable night.’
CLARENCE HARRINGTON
was a sable representative of Clarke Uni-
Blodgett’s friends are more confident j yersity. In the heat of a quadrille some
Clm ” 0 f bstlmtiaI rival (peationed hia gallantry, when he
The confirmation to-day of'Clark and proceeded to vindicate his character by
Wilson, the first as Assessor and the Sec- drawing a knife, and Lowry exalted the
ond as Collector of the First Georgia city’s credit by drawing §5 from the
W2! pnrae of Clarence,
hard to defeat them, especially Clark. willtam whueiiX,
It is rumored here to-night that Judge we have reason to believe, was the spec
Engine will have to give way; in order | tre of Ransey Sniffle. Scarcity of black-
►
twelve years.” Special prominence is now we want to know where the soft ■ that the President may provide a ahncrlw .. . . , •, _ ,
givoa to the words which I. have under- shells will go. Will they dare to crawl j place for Akerman. ' Ex-Senator Wil- b a reduced him to a shadow,
scorch »ncl it is contended that they set-1 back among those they habitually de- i Hams succeeds Akerman as Attorney-11 11 sa ^ perplexity he resorted to phi
tie that an uuoxpircd term must bo filled * Bounce as Bourbons, Red Hots and Agi- General,
1 losophizing for a livelihood. Here is
SENATE.
Thursday, December 14.
Senate met, President Trammell in
the Chair. Prayer by Rev. Mr. Warren.
The roll was called. Present: Messrs.
Black, Brown, Burns, Cameron, Candler,
Erwin, Estes, Griffin, Heard, Hicks, Hill-
yer, Hunter, Hoyle, Jervis, Jordan, Kirk
land, Kibbee, Lester, Matthews, Nich-
olls, Nunnally, Peddy, Reese, Simmons,
Smith, Steadman ana Wellborn—27.
Journal approved.
The special order of the day being the
Report of the Committee on the state of
the RepubHc, was read.
The report concluded with the follow
ing resolutions:
Resolved 1st, That the people of the
State are not responsible for the wrongs,
peculations and frauds which have char
acterized the administration of the State
Government during the past three years.
They did not choose the men who have
been in power and who have plundered
them of millions of dollars. They are
the victims of those men, but have never
been their constituents.
Resolved 2nd, That the weakness and
ignorance of some of the prosecuting and
judicial officers of this State, with the
shocking abuse of the pardoning power,
have been and still are the principal
causes of the disorders and violation of
law and order which have brought so
much reproaoh upon our beloved State.
Resolved 3d, That in the opinion of
this body only one sure plan of restoring
peace and order in this State is to place
in positions of power and trust men of
integrity, ability and courage, and those
possessing the confidence of our people.
Resolved 4th, That in all countries
where the common law prevails, the true
conservators of the peace, are the Ju
dicial tribunals of the country, and that
military rale is inimical to the spirit of
all free institutions.
Resolved 5th, That we congratulate
our people upon their comparative ex
emption in the past from military inter
ference in the conduct of their civil
affairs, and welcome the prospective dawn
of a bright era of honest, faithful and
firm administration of the laws.
Mr. Smith offered a resolution—
Resolved farther, That we are for the
perpetuity of the Union, the Constitu
tion, and the strict enforcement of the
Laws; the political equality and protec
tion of all its citizens; the right of every
man to express his political and religious
opinions, and vote as he pleases without
intimidation or molestation; an econom
ical and honest administration of the
government, both State and Federal; the
faithful payment of all honest debt3, both
State and National.
Mr. Reese said that he favored the
whole report and the resolutions of the
committee, particularly the 2d and 3d
resolutions. These resolutions recite the
true causes of the confusion and lawless
ness which have unfortunately prevailed
in some portions of the State. It is not
true that the people of our State
are, as a body, lawless. It is true
that there are individuals in every part
of the State ready at all times to produce
confusion and violate tho criminal law.
The reason why the criminal law Has
not been vindicated and violators of the
law pnnisbed is mainly from the ineffi
ciency of prosecuting officers, and want
of confidence in judicial officers. In my
own judicial circuit, the Northern Cir
cuit, while we have had a faithful, indus
trious, incorruptible Judge, we have had
practically no Solicitor. In that circuit
criminals of every kind have escaped
from the ignorance and weakness of a
prosecuting officer. The same is notori
ously true in other circuits; some of
these prosecuting officers, besides being
weak and ignorant, have sold out to vio
lators of law.
Besides these principal causes of crime
ihe shocking abuse of the pardoning pow
er has produced a most deleterious influ
ence on the public mind. When des
perate robbers and murderers have been
convicted by the Court, and sentenced to
death, or in the Penitentiary, the late
Governor has exercised his power of par
doning. . Men accused of the highest
crime have been pardoned befor trial.
I ask, what could the honest, law-abiding
portions of the country do to support the
law, and punish criminals with such im
pediments in the way? I maintain as
truth, which cannot be successfully con
tradicted, that the mass of the people of
this State are willing to execute the crim
inal law. I maintain when faithful, ca
pable, prosecuting officers are appointed
to office, when men are appointed to ad
minister justice over our people, who are
able, honest, and possessing public con
fidence, law and order wiil prevail. ]
pray for the return of that good time,
and I believe, Mr.[President andlSenators,
it will soon come.
Mr. Burns spoke of the flagrant abase
of the pardoning power; alluding to the
case of a man by the name of Long,
who had been guilty of a most unpro
voked and unjustifiable murder on the
person of the Clerk of the Superior
Court of that county, and who, after con
viction and confinement in the peniten
tiary, was pardoned by the Executive,
The failure to enforce the laws has de
pended largely upon the inefficiency of
prosecuting officers.
Mr. Smith favored the resolutions,
declared the truth in every respect,
was not intended to be poHtical, and he
did not desire to lay in politics with any
of the legislative proceedings. It ex
pressed his sentiments, but he would
readily withdraw it unless it should meet
with a favorable reception by the major
ity of the Senate.
Mr. Nicholls considered the resolution
decidedly poHtical, and hoped it would
be withdrawn. He could not support
ns it stood.
Mr. Jones favored the resolution. He
toak an oath to Support the Constitution
and he could never object to the adop
tion of a resolution which indorsed that
Constitution.
Mr. Wellborn thought the report ought
to be indorsed by all good citizens of all
parties. It was so designed by both par
ties, to report such principles as would
be readily recognized and acquiesced in
by all good men. He thought the
amendment was a firebrand well calcu
lated to excite political and party ques
tions, but after the explanation made by
its author he was satisfied that it was of
fered in the spirit of kindness and he
should favor it.
Mr. Brock spoke against the resolutions
at length. He beheved them unpolitio
and dangerous, and spoke of their prob
able results if adopted, or at least now.
He said the resolutions do not express
the truth in regard to his District.
Mr. Hunter repUed to Mr. Brock ably
and eloquently, step by step, reviewing
the report and resolutions, and challeng
es contradiction to any of its allega
tions. He insisted upon and illustrated
each one of them. He was glad that the
representations of the Senator from the
3Sth, in relation to his district, were ex-
cej tional, and animadverted upon the
willingness of that Senator so to repre
sent them.
Mr. Wellborn reviewed and repHed to
the speech of Mr. Brock, ond discussed
the Resolutions, He had not intended
to speak upon the subject, supposing the
Report would readily be indorsed by all
good men, but felt bound to support it
in view of the spirit in which it had been
received by some Senators.
Mr. Erwin called the previous ques
tion on the Report and Resolution, which
being sustained and the ayes and nays
being called, the vote stood: Ayes, Messrs.
Black, Brock, Brown, Burns, Cameron,
Candler, Estes, Erwin, Griffin, Hillyer,
Hinton, Hoyle, Jones, Jordan, Kirkland,
Kibbee, Lester, Matthews, Peddy, Reese,
Simmons, Smith, Steadman and Well
born, and by permission the President—
25.
Nays: Messrs. Bruton, Crayton and
Deveaux—3.
So the report was adopted.
"Mr. Lester asked to be discharged
from the Committee on the management
of the Western and Atlantic Railroad, on
the ground that the Committee would
doubtless hold a long session, and his af
fairs would render it impossible to give
proper attention to it without great per
sonal inconvenience.
The President stated that in making
the appointments, he had done so with
an eye single to the fitness of each Sen
ator appointed on the Committee, and to
the interest of the people of Georgia,
without any solicitation whatever from
the Senators appointed or any others,
and having so exercised the duty, he was
unwilling to discharge any member.
The Senate by vote consented to the
discharge of Mr, Lester. . Mr. Candler
was appointed instead.
Senate adjourned until to-morrow.
HOUSE OF REPRESENTATIVES.
House met, Speaker Smith in the
chair. Prayer by Rev. Mr. Jones.
Journal approved.
The case of Mr. Sargeant was re
sumed.
Mr. Phillips concluded his able speech
in favor of the majority report, and was
followed by Mr. Bryan, who eloquently
and ably favored the minority report.
Mr. Simmons, of Gwinnett, offered a
substitute for the majority report, de
claring that, after a close investigation,
it appeai-s that Mr. Sargent is not ob
noxious to the 14th Amendment, and
that he is entitled to his seat as member
from Coweta county.
Mr. Pou advocated the adoption of the
substitute, and said that Mr. Sargeant
was willing to take the test oath.
On motion the whole matter was laid
on the table—
The Committee to which was referred
the charge that T. G. Campbell, Jr.,
Representative from McIntosh had drawn
more mileage than he was entitled to,
reported that said member had drawn
unintentionally $35 too much, and re
commended that he be required to re
fund said amountjkadopted.
Mr. Phillips of Echols offered a reso
lution condemnatory of the course of
Hon. Benjamin Conley in refusing to
recognize the extension of the present
session of the General Assembly, which
was on motion laid on the table.
The bill to re-incorporate Gainesville
under the name of the “town of Gaines
ville” was taken up.
Mr. Simtnons, of Hall, moved to strike
out the 14th Section of the bill, which
legalizes the subscription of the city of
Gainesville to the Gainesville and Dah-
lonega Narrow Guage Railroad Com
pany.
Two letters and a memorial favoring
the bill as a whole were read.
Mr. Riley earnestly advocated the pas
sage of the bill, including the 14th sec
tion.
Mr. Simmons, of Hall, was equally
earnest in the advocacy of liis motion.
On motion of Mr. Guerry the bill was
laid on the table.
The House adjourned until 10 a. 11. to
morrow.
Washington, December 14.—The Sec
retary of the Treasury was called upon
for a report of the number of persons
emlpoyed, the amount of salaries paid,
the amounts paid as rewards, moieties
and other fees, and the contingent ex
penses at each custom house during the
fiscal year, ending 1871.
The Apportionment Bill was resumed
in committee of the whole, and an amend
ment was adopted that, hereafter, no
State shall be admitted with a less popu
lation than is required for one member.
The bill then passed without division.
It provides that the House shall consist
of 283 members, to be distributed as fol
lows: Maine, 5; New Hampshire, 2;
Vermont, 2; Massachusetts, 11; Rhode
Island, 2; Connecticut, 4; New York,
32; New Jersey, 7; Pennsylvania, 26;
Delaware, 1; Maryland, 6; Virginia, 9;
North Carolina, 8, South Carolina, 5;
Georgia, 9; Alabama, 7; Mississippi, 6;
Louisiana, 5; Ohio, 20; Kentucky, 10;
Tennessee, 9; Indiana, 12; Illinois, 19;
Missouri, 13; Arkansas, 4; Michigan, 9;
Florida, 1; Texas, 6; Iowa, 9; Wisconsin,
8; California, 4; Minnesota, 3; Oregon, 1;
Kansas, 3; West Virginia, 3; Nevada, 1,
and Nebraska, 1.
Akerman has tendered his resignation
to take effect on the 10th of January.
Geo. H. Williams, of Oregon, has been
nominated for Attorney-General.
The Senate unanimously confirmed
Williams as Attorney General.
London, December 14.—An official
bulletin just received from Sandringham
announces that the Prince passed a quiet
afternoon and evening. The symptoms
have remained unchanged since morning.