Below is the OCR text representation for this newspapers page.

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.