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OOLTTMBU S
From the Atlanta Constitution.
PROCEEDINGS
OF THE
MILITARY COMMISSION
assembled fob the trial of the
COLUMBUS PRISONERS.
SEVENTEENTH DAY.
McPherson Barracks, )
July 18, 1868. J
Court met at 10 o’clock, pursuant to
adjournment, when the record of yester
day was read and approved.
Zack. T. King, sworn by Mr. Ste
phens, for the Defense. —I live in Co
lumbus, Ga.; am 19 years old, and a
clerk in the bank; I know Columbus
Bedell, of Columuus. (Witness pointed
to the prisoner of that name.) He is a 1
book keeper for Mr. Bowers, who is j
engaged in the cotton and insurance |
business ; our offices are together—the i
same room; till 10 o’clock the night of
A.’s murder, Mr. Bedell was in the
office and at work, I suppose; I was at
work; know nothing of him after that;
he remarked at the time of leaving the
office that night, that he would retire
early, as he felt unusually unwell; when
the bell struck, I looked at the clock
and found it to be 10 o’clock; Mr. Bedell
left a few minutes after.
Gov. Brown for the prosecution, re
marked that he had no questions to ask
the witness.
Testimony was then read over; the
witness was discharged.
Homer B. Starr sworn.— By Mr.
Stephens for the Defense.—l am 26
years old; a cotton shipper and live in
Columbus; I know Mr. Bedell by sight;
no personal acquaintance with him ex
cept from business transactions; (wit
ness pointed Mr. Bedell'out); saw him
the night of A.’s murder; was sitting in
my room and he passed there a little
after 10 o’clock; our apartments are
about 12 feet apart,on the opposite sides
of the hall, in the McGee building; on
passing my door he was going to his
sleeping apartments; I went to bed
about 12 o’clock that night; my door
was open until I retired; Mr. Bedell
could not have left his room without my
seeing him before I retired; did not hear
his door open after I retired; the rooms
we occupy are on the second floor; on
the same floor Mr. Ellis, Mr. Duck, Dr.
Urquhart, Mr. Harris of the Revenue
Department, have sleeping apartments
on the same floor.
By Gov. Brown for the prosecution.—
This house is on Broad street; not kept
as a hotel or boarding house; Internal
Revenue offices are there; the house is
not kept by any one ; under the sleep
ing apartments are vacant stores, the
property of Mr. McGee, and the estate
that he has charge of; went to my
room that night about 9 o’clock; had
before been in my office, which is
about one hundred yards from my
sleeping room; at the office I had been
attending to my usual business, which
was to enter up the cotton receipts of
the day; Mr. Henry H. Epping and
Richard B. Watson, were in my office
that night; E. was writing letters.—
Epping is in Columbus now, a banker
and cotton factor. Not positive that
there were not other persona there that
night. Watson is now in Abingdon,
Virginia. J. M. Tomilson, who is
about thirty or thirty-five years of age,
was in the sleeping room with me that
night; he was in the room when I got
there; he was my room-mate at the time;
don’t know where he is now; when I
last heard from him he was in Chambers
county, Alabama; he had not gone to
bed when I got in the room; no one
else was in my room at any portion of
that night; I think I got into bed first;
we slept on the same bed; my usual
time during winter for retiring is from
11 to 2 o’clock; from 9 o’clock until we
went to bed we were talking over some
business matters between us; our con
versation was confined solely to busi
ness; I do not recollect the general
topics upon which we conversed ; the
arrest of Mr, Bedell next morning im
pressed toy mind with having seen
him that night.
Mr. Stephens here objected to tho
line of interrogations put by the prose
cution, and reduced his objections to
writing. Governor Brown defended
the line of examination he was pursu
ing, whereupon the Court retired for,
deliberation.
On the return of the Commission, the
Judge Advocate announced that the
objection was overruled. The following
was the objection raised by Mr. Ste
phens, to wit :
Objection by Mb. Stephens.— The
counsel for the defense objected to the
line of interrogation for the prosecution
upon the ground that nono of the an
swers, if made, would eludicate the is
sue involved before the court. The
witness has already stated the arrest of
Mr. Bedell next morning impressed up
on his mind the facts he has testified in
relation to him, and whether witness
can or cannot recollect any other inci
dent of the night not connected in any
other way with Mr. Bedell, cannot
effect the testimony in this case.
Examination continued by Governor
Brown —What business were you talk
ing about? (Witness asked whether
he had a right to object to the question?)
It was in regard to some dissatisfaction
he had with a partner ; noticed nothing
unusual about Bedell that night; my
room is the last room, about forty feet
from the head of the stairway; my room
was on the left hand side going from
the stairway; small passage between
my room and the next room; (vacant)
there were two rooms occupied on the
same side of the passage with mine ;
the nearest to mine was occupied by
Mr. Harris; the other room was used
as H.’s office ; Bedell’s room was oppo
site mine; there was one between him
and the end of the passage ; both Be
dell’s and Ellis’ rooms are opposite
mine ; mine is a large room ; two doors
to my room opening into the passage ;
the door opposite Bedell’s room was
open that night; I was near the centre
of my room where the table sets, about
22 feet from Bedell’s door ; no light in
the passage way that night; Harris
may have had his door open with
out my seeing it; I occupied the
same seat all the time I was talk
ing at the table; may have gotten
up occasionally to get matches, for I
was smoking ; stairs at the east end of
the passage ; went to the west end of
my room I could not see Bedell’s door,
but I could see any one passing when
my door is open; some persons could
pass with out attracting my attention,
but Mr. Bedell never could from a habit
he had of scraping his feet on a mat,
which always attracted my attention
whether my door was open or not; if
my attention was not attracted of course
I cannot swear that it was ; I cannot
swear that Mr. Bedell never passed in
and out of his room without attracting
my attention ; that night my room mate
was relating and I was listening ; Mr.
Bedell might have gone out without at
tracting my attention, but is not proba
ble that he did; it is possible that he
might.
By the Court.—Which way does your
door open, to the right or to the left ?
To the left—the one I had open. Was
it swung entirely back against the wall
or only partially open? Not back against
the wall—it was partially open; I closed
it about half-past 11 o’clock—jus* before
I retired to bed ; the small passage leads
nowhere ; it is just an open passage.—
Was the floor of the hall covered by
any carpet or matting ? It was not.—
Where were the water closets attached
to the building ? On the rear, on the
West side. How did the occupants get
to the water-closets ? By a back step.—
How long have you lived in Columbus?
About a year—previous to the war I
lived there nearly all my life. Was
there any one in Columbus who resem
bled Bedell in size and appearance? Not
that I remember.
By Gov. Brown for tbe Prosecution.
What do you mean by the back way to
the water-closet ? I mean that there
were back steps from the second story
leading to the water-closets. There is
a narrow entrance on the east side, and
then there is a back way leading down
to closets in a small inclosure. I
could not get over the fence; don't know
anything about Mr. Bedell’s activity,
tin nn w° m T d v there Bince September
close?vr rv rL h n aye „ been in water
Closet very frequently; sometimes have
not been there for months. The back
entrance I spoke of, is, I think WH
than one quarter of an acre; no o D en
ing in the enclosure as well as I can
recollect. can
By Mr. Stephens.—l never knew any
one to enter that building from the back
way. I know of no poaslWe way of
getting out on the street, from- my
apartment, through the back way. My
apartment was rented as sleeping apart
ments alone ; no one took meals In the
house; as a usual thing. My room-mate
was a portrait-painter.
Here a diagram was presented to the
witness, who was asked whether U rep
resented the outlines of the building and
lot; witness said it was correct except
as to the position of the water-closet.
By Gov. Brown.—You stated that
you never knew any one to enter the
building through the back lot; do you
pretend to state that no one ever did so
enter ? I do. In case of fire, I could
make my way I suppose, through the
back enclosure by getting over the
water-closet, or the kitchen ; if there is
a fence there, I could try and get over
that.
The Court then adjourned till 10
o’clock Monday morning.
EIGHTEENTH DAY.
McPherson’B Barracks, i
July 20,1868. f
Court met at 10 o’clock, a. m. The
record of Saturday was read and ap
proved.
Mr. Stevens, for the defense, asked
the previlege of asking a question of the
witness, Homer H. Starr. The Court
consented. Mr. Steveuß then asked :
What do you mean by your door open
ing to the left ? Will you show the
Court what you mean ? Going into my
room it opens to the left; coming out it
opens to the right.
The witness, Mr. Starr, desired to
correct his testimony so as to read : “I
am Shipping Clerk in a Cotton House.”
Roswell Ellis sworn.—Mr. Stephens,
for the Defense —I live in Columbus,
Ga.; on the night that A. was killed I
was confined to my bed with sickness,
up stairs in the northeast corner of Mc-
Gee’s building; on the same floor sever
al persons occupied rooms ; Mr. Bedell
occupied the room immediately east of
of me; the adjoining room by Mr.
Reed, a cotton buyer ; the ono adjoining
that by Dr. Urquhart as an office; the
corner room—last on that side of the
hall—by Mr. Duck as a sleeping room ;
on the south side of the hall the two Ist
rooms were used as a revenue office by
McSpadden & Harris ; the next was a
vacant room ; between the hall and Mr.
Starr’s room there is a little hall; I
speak of Mr. Columbus C. Bedell, whom
I recognize among the prisoners here ;
I did not hear Mr. Bedell when he came
to the room that night; I almost invari
ably hear him when he comes in, that
is, when I am in my own room ; I had
been sick for eight or ten days ; I retir
ed to bed about 8 o’clock, very much
exhausted and immediately fell asleep ;
I slept unnaturally sound the early part
of the night from exhaustion and opiates
I had taken ; I woke between the hours
of 12 and 1 o’clock that night; heard
Mr. Bedell’s clock strike 1; I did not
sleep from that time out from paroxysms
of pain ; did not get to sleep before day.
I think if Mr. B. had come in or gone
out of his room after I woke, that I
should have heard him ; there is a door
between my room and his; my ward
robe stands against it; very often lam
awakened by Mr. B. coming in; I know
Mr. B.’s habits during the time he has
been rooming there; during the cotton
season he has often been kept up to a
very late hour, varying from 10 to 2
o’clock at night; I never met him, that
I recollect, at a public political meeting,
or know of his attending one ; don’t re
member that Mr. Bedell ever wore his
hair long and hanging over his shoul
ders ; there is no carpet to walk upon
in his room ; can very distinctly hear a
person walking in his room while I am
in my room ; I know his walk from
that of other people ; it is peculiar ; my
recollection was refreshed about my
waking before 12 and 1 o’clock, and
hearing B. ’s clock strike the hour of one,
from the fact that next morning he came
into my room and invuired if I heard
him come in last night; I told him I
had not; he told me ho came in early,
and informed me he had heard that he
was suspected of being implicated in
the assassination ; I replied that if ho
had come in after 1 o'clock I should have
heard him. There is no one in Colum
bus that I should mistake for Bedell , I
have seen a party afterwards pointed out
to me, who I thought resembled him ;
this man’s name was Hudson ; his hair
was long over the shoulders, beard long,
and height corresponding with that of
Mr. B.; Wm. H. Brannan, in appear
ance, corresponds very much with Mr.
Bedell; his height does not ; his beard
does; Maj. Bradley, a bar-keeper, is
stouter, and not so tall as Mr. Bedell;
he wears a long black beard. There
was no way of getting out of my apart
ment except on Broad st., unless by
jumping fences ; the back space is en
closed by a plank fence ; the water
closet is in the corner of this place ; in
goiug to the water closet I should pass
out of the hall to a platform, and from j
thence by backstairs into the back yard; j
this plattorm is 26 or 80 feet long, and 1
about 15 feet from the ground ; the space j
enclosed which contains the water clos
et is about 35x45 feet; it is enclosed by
an upright plank fence between 6 and
7 feet high ; it separates the water clos
et and vacant kitchen from the main
yard; on the off side it separates the
yard of Dr. Urquhart from this lot; on
the South side of this space there is a
very high fence ; about 15 feet high ;
Mr. Morton was the architect who plan
ed the McGee House I have understood.
(A diagram of the aforesaid house and
premises was here handed to the wit
ness, which he recognized as correct.) i
Mr. Stephens read the following prop
osition, to-wit: “The credit of the fol
lowing witnesses, Woodward, Ree3e,
Tucker, and Parrham, for the prisoner
Duke having been attacked on cross-ex
amination, counsel for the defense now
propose to offer the testimony of the
Hon. Hiram Warner, Chief Justice of
the Supreme Court of Georgia, to sup
port the credit of the impeached wit
nesses.”
In reply, objection was made as fol
lows: “The counsel for the prosecution
objected to the admission of the
testimony proposed, on the ground that
the credibility of the witnesses named
has not been attacked. They were car
ried through a sifting cross-examination
with the view of testing the strength
and accuracy of their memory. The
counsel tor the prosecution distinctly
state they make no charge that the wit
nesses named are not gentlemen of ve
racity.”
With the understanding that these
statements be placed upon the record,
Mr. Stephens withdrew his proposition.
Cross-Examination—Could you not readily
distinguish Bedell from any of the persons
named as resembling him 1 From very long
acquaintance with him I could; at night i
might make the mistake. Mr. 8., by taking
off his boots, could possibly get in and out ot
his room without my hearing him; it is not
probable, because I would hear him turn h:s
key; if the door was not locked he might get in
and out in his stocking feet without attracting
my attention; I frequently set my watch by
the striking of his clock. The Democratic club
was organized after the death of A.; I don’t re
member of my having attended any political
meeting a short time belore the deatn of A.;
cannot say fr> m my own personal know-ledge
whether or not Mr. B. attended political meet,
inns boforo A.’s death; I spoke from my knowl
edge of his general habit of not attending such
meetings; I was particularly wakeful after I
woke up the night of A.’s death; it this Impor
tant event had not transpired and my memory
been refreshed next morning 1 may not have
remembered what occurred; where A. was kill
ed is about five hundred yards from my room;
my room is, t judge, between four and five
hundred yards from the Pe.ry House; I have
thought that I did not bear the iiriug that
night, lrom the fact that it took place in a
house, and my room being closed; I beard Be
dell walking about in bis room that morning as
usual; he came from his room into m.ne; he
had been out and i eturued before he oime into
my room; he left his room about the usual hour
of 8 o’clock, 1 think, I suppose he had been
out because I had heard the usual noise
made in ■is room before going out. It is pos
sible that he may have walked into his room
without my noticing it; I remarked nothing
unusual about his appearance the morning he
came in my room; the store rooms under the
sleeping apartments had been unoccupied for
some time previous to A.’s death; I don’t think
the doors could poßSibly have been opened, be
cause the keys were in the possession of Mr.
Redd or Mr. McGehee, and if they had been
forced open there would have been some evi
dence of it; I could not swear that the keys
were not in Mr. Bedell’s possession that
night; if he had had the back door key it Is im
probable he couf get out in that way, because
it is left in the door and the doors are opened
front. It is possible Mr. B. may have had the
key of the front and back door and gone out
that way that night; I have seen a negro, by
several motions, climb over the fence between
tie back enclosure and Mr. Urquhart’s lot; if
there was not an easier mode of getting to the
desired point he might have made the required
effort to get over the fence ; if he had a mo
tive in going that way I think B. might have
gotten over, and into the street by crossing
another —a picket fence five or six feet high,
with sharpened points ; there is a gate from
Mr. Urquhart’s lot Into the street; I only
swear that I do not believe he went out that
night; in my room I hear little except the
sound of walking; Mr. Bedell’s walk is very
different from any one else about there and I
can easily recognise it; if there is nothing to
attract my attention te it I should not proba
bly remember it five minutes ; there was noth
ing on that night to attraot attention and
oause me to partionlarly reoolleot it.
Redirect Examination—Quite a number of
families were at Mr. Urquhart’s house at that
time; he kept boarder* i a perns pawtt*
through the yard that night would have been
as likely to excite observation as In Broad |
street; the going out of Mr. B. at breakfast
time would not have been as likely to attract
m y attention as bis coming in at a late hour of j
the night.
Re-cross Examination.—While I was asleep I
that night, he could have come into his room
with his shoesoff, withoutmy knowledge.
By the Court.—When and how did you hear
of A.’s murder! I heard it between 8 and 9 :
o’clock next morning from Mr. Ingmire. who
came in to see after my condition. I was
awaken that night by the pain I was suffering; i
it was not by Mr. Bedell coming in or going
out About how many minutes before the i
striking of one did you awake! 1 cannot de
termine the precise time that I woke, bat I
know it was some time before rhe clock struck
one ; it may have been half-hast 12 or a quarter
before one. When was the person who was
reported as appearing like Bedell pointed out
to you, before or after A.’s murder 1 It was
after.
Court then adjourned till 10 o’clock to-mor
row morning.
NINETEENTH DAY.
McPherrson Barracks, 1 j
July 21st., 1868. j
Court met pursuant to adjournment.
The testimony of Ellis was read in
bis presence, who made several unim
portant corrections.
Examination of Roswell Ellis contin
ued.
By Mr. Stephens ior the Defense-
Do you know Mr. Chipley? I am ac
quainted with Mr. Chipley. I have
never known him to be out at night,
except at the meeting of our Reading
and Chess Club; previous to his mar
riage he was very regular in his attend
ance; after that he became very irregu
lar; Chipley had been married several
months previous to the death of A.;
his irregularity in attending w r as re
marked by the other members of the
club after his marriage; some jocular
threats were made to expel him; inno
cent games of cards, chess and back
gammon were permitted at the club; no
drinking or betting was allowed; he
neglected very often to be present at
the monthly business meetings; Chipley
is regarded in Columbus as being one of
the best citizens; his character is re
garded as unimpeachable; never heard
of his being engaged in any difficulties
of any sort; I know of several persons
in Columbus whose size would corres
pond very closely with that of Mr.
Chipley; Mr. Thomas Hogan would
correspond very closely with him; in
the night, if both were masked, I don’t
think I could possibly distinguish one ;
from the other; I knew Marion Estes; |
his size resembles Mr. Chipley’s; Rev.
Mr. DeVotie is a little taller than Mr. j
Chipley, not quite so heavy; Rhodes
Browne’s form resembles that of Mr.
Chipley; I know Capt. Bivins; if he
and Chipley were walking together at
night and it was dark I could not dis
tinguish their carriage; I could not tell
one from the other; the voice is altered
under a mask; the only masquerade
party lever attended was last winter at
Mr. Chipley’s; it was composed of his
intimate friends—a select party; I could
not distinguish my most intimate
friends while masked; I was not mask
ed; the masks were removed after the
dancing and before the supper; my
knowledge of the rewards offered for j
the murderers of A. was derived alto- j
getherfrom the newspapers and what I ;
heard others say; City Council offered
SSOO for proof to convict; the Provis
ional Governor, I understand, offered
$2,000 for the first party, and SI,OOO for
each subsequent party.
Cross Examination—Being President
of the Club, it was my duty to attend
the regular monthly meetings of the
Club ; I was there regularly on that ac
count ; sometimes I was there two or
three times a week; sometimes not so
often. I spent very few evenings in my
room until my ordinary bed time. I
have sometimes met Mr. Chipley on
evenings spent elsewhere than at the
club; passing his house on my way to
my boarding house, I would often stop
a short time at his house; it was direct
ly oa my route ; I presume that he
spent most of Ins evenings at home with
his family; he has the character of be
ing a home man, going out very little
at night. On ordinary nights I can
usually distinguish my acquaintances
from each other; those with whom I
am more intimate and familiar, I could
distinguish by star light ; often distin
guish acquaintances by the carriage and
step without recognizing the fealures.
I testified that I could recognize Bedell
by his step; the persons who composed
the masquerade party at Mr. Chipley’s
were not only masked, but wore fancy |
costumes.
By Mr. Stephens—Did any of them
wear calico pants ? Yes sir.
By the Court—What is your occupa
tion ? lam a commission merchant.
The testimony of Mr. Ellis was then
read over in his presence; he had no
further corrections to make, and was
discharged.
Cicero Johnson (colored) sworn—
direct examination by Mr. Stephens—l
was 24 years old first day of last July ;
live in Columbus, Ga.; I know a gen
tleman of that place by the name of
Columbus C. Bedel; (witness pointed
out Mr. Bedell.) I had been in his ser
vice for a year immediately previous to
his arrest and leaving Columbus; I
attended his room on Broad Street, in
McGhee’s building; I was attending
his room the week Mr. Ashburn was
killed ; I made up his bed, made up
fires, cleaned his boots and bring water;
would go there in the morning before I
went to work ; I am a gin carpenter ;
attended B’s room on the evening
before the death of A. and the morning
after; was there little earlier that
morning than usual; I was waked up
earlier than usual and told that A.
was dead; I went to where Mr. A
was lying dead ; that was how I came
to be at B.’s room earlier than common;
while I was at A’s that morning I
heard that some such looking man as
Mr. Bedell had been connected with it;
I remarked to some, that I waited on
8., and if there was anything of it I
could find out by going around to his
room ; I went to B.’s room about sun
rise and found him in bed, as I usually
find him every morning; lie was asleep,
I should suppose ; I was satisfied that
he had not been to Mr. A’s. because I
found in his room everything just as
usual; everything was on the table
just like I had left it the night
before ; I speak of his books, lamp,
pistol, and two goblets that set on his
table; I remember distinctly how I
had left the pistol the evening before; it
was lying exactly as I left it; after I got
through with his room I woke him up
and told him that Col. A. was dead; he
said it could’nt be possible; he said it
was a very bad piece of business, and
would only make it worse for the city:
I did not tell him that I had heard of
his connection with it, because I did
not know whether it was so, and did
not wish to say anything to him about
it; I have a key and he has one to his
room; in the mornings I find his bank
key on the table, which is about four
feet from the foot of the bed; don’t re
member whether I saw the bank key
that morning or not; I had arranged the
pistol the evening before as to its posi
tion on the table; 1 examined it in the
morning and there was no load shot out
of it at all; I washed out the bowl, as I
usually do; saw no colored or smutty
water about it; never have seen, at any
time, a mask in Mr. Bedell’is room.
Cross Examination.—l light the lamp
every night and turn it down low ; did
not observe the oil that morning ; I re
mained in his room long enough to at
tend to my business as 1 usually do—
say about a half hour, I suppose ; fin
ished my work before I woke up Mr.
Bedell; did not remain longer than 5
or 6 minutes after he awakened ; he
was still in hi and when I leit ; he did not
say anything to me that morning about
his being sick; never in hi:-, room when
he dressed himself to go out ; I unlock
ed the door that morning when I went
in ; it is a spring lock and makes a tol
erable loud poise in being unlocked;
don’t think it would wake up Mr. Ellis
unless he is very wakeful ; I walked
heavily as usual that morning ; I had
occasion to go out twice that morning
before completing my work; pulled the
door to each time without locking it;
don’t know Mr. B.’s breakfast hour;
can’t say whether he went to breakfast
at all that morning ; passed Mr. Ellis’
room that morning twice; went out the
back way but once ; went to the cistern
once after water ; did not pass Ellis’
room that time ; I opened and shut the
door four times that morning; never
locked it the last time.
Redirect examination by Mr. Steph
ens.—Closing the door makes twice the
noise that unlocking ft does, for it is a
spring lock.
Recross Examination.— The door
could be left nearly closed without
shutting it quite. It was a hard spring
lock to work, and I don’t think it could
be locked or unlocked without making
* aoiH; so knob to the dcor; the bolt
of the lock is the only fastening. I
made a mistake, there was a knob, but
you enuld not unlock it by turning the
knob, without, also turning the key.
By the Court.—Do you know how
many pistols or revolvers Mr. B. bad in
his possession ?„
Never knew him to have but one pis
tol. I am certain the pistol had not
begn discharged aud reloaded, because
I picked it up and looked at it, having
heard that such a looking man as Mr.
B. had been seen at A.’s, and I thought
I could tell something by looking at the
pistol.
Was the pistol always kept leaded?
Never knew it to be sny other way. It was
rusty, and I never knew it to be discharged.
It was not my business to keep it loaded ; it
was always loaded; it was kept in the same
place, naked on the table on top of a book ;
there is a cafch to the bolt of the lock of the
door ; the pistol was rusty on the part where
the cartridges enter into the barrel. Can you
always te’.l that a pistol has not been discharg
ed by looking at it and that it has not been
reloaded! Yes, sir; I can tell when it has
been laying a long time, but if it has been
often discharged and reloaded 1 could not tell.
Oicero Johnson’s testimony was then read
in his presence. Witness had no corrections to
make.
Mr. Stephens asked permission of the Court
to put the following question: Were those
white or colored people whom you heard talk
ing about the death of A., at the house when
he was lying dead, to whom you made the
remark you did about Bedell! The Court
consented, when the witness answered : Col
ored people, sir.
The Court then adjourned till to-morrow
morning at 10 o’clock.
Counting' tbe Electorial Vole.
A Fair Cjiunt or a Fight.
From the Few York World, July 15.
The passage iu Gen. Wade Hamp
ton’s speech at the Union square ratifi
cation meeting which the Times hold
up to reprobatiop, is the following :
We can have no relief unless this
great Democratic party will come out
and pledge itself that we shall have a
fair election —that the white peopleo f
the South shall vote ; and I want you
all to register an oath that when they
do vote that these votes shall be count
ed, and if there is a majotity of white
votes, that you will place Seymour and
Blair iu the White House, in spite of all
the bayonets that shall be brought
against them. I only want to see the
election fair, and if they do that, even
with the incubus of black rule, we can
j carry the Southern States,
i We can find nothing in this to disap
| prove. We should deprecate the neces
sity of a resort to force, but we pour
| scorn upon the craven, the pusillani
mous notions that freemen may not
vindicate their rights by arms. Cour
age to resist oppression is the ultimate
security for government. This, at
least, was the opinion of our brave
forefathers when they took care to pro
vide in the Constitution, that “the right
of the people to keep and bear arms
shall not be infringed.” The right to
bear arms implies the right, on a suffi
cient provocation, to use them. The
only debatable question relates to the
sufficiency of the provocation.
If the Democratic party should fairly
j elect the next President, and the Re
i publican Congress, by miscounting or
| throwing out votes, should declare Gen.
I Grant elected, nothing could be plainer
than the right, of the people to vindicate
their actual choice. Suppose, to illus
trate the principle, that the result of the
election should depend upon the elec
toral votes of the newly admitted State
of Florida; that the three votes of Flori
da should be Democratic, that Congress
should throw them out and declare Gen.
Grant elected. Now on the supposition
of a fair election, in Florida, ought the
Democratic party to submit? The ques
tion answers itself; only a negative
answer is possible. That the Democrat
ic party would resist, aud make its re
sistance effectual, we have no doubt.
We should have on our side the two
main elements of scccess —right and
numbers. The superiority of our num
bers would be the foundation of our
rights; for if the Republican party
fairly out-voted us, it would be our duty
to submit. But it the election shall
show that the Democrat party are a
majority, and Congress shall neverthe
less declare tho Republican candidate
elected, our right to resist will be un
questionable, and our power to resist
successfully will depend upon the same
superiority in numbers which made us a
majority.
The chief advantage of republican in
stitutions is that they keep the prepon
! derance of physical force on the side of
the Government. If the minority grows
into a majority, they have only to await
the next election to come peaceably in
to power; and for this reason, a resort
to iorce is always inexcusable under re
publican institutions, so long as elec
tions are fairly conducted. But if, by
a change in public sentiment, the mi
nority have control of the Government
at the time of an election, and keep
themselves in power by refusing to
count the votes by which they are de
feated, the very case arises for which
the Constitution guarantees the right
of all citizens to bear arms. The pow
er of forcible resistance by a swindled
majority is, in the last resort, the only
security of republican institutions.—
Deny the right and you give full license
to any unscrupulous minority, which
happens to be in power, to render its
authority perpetual.
It is quite true that the republicans
will have the counting of the electoral
votes in the coming Presidential elec
tion, and that if they dishonestly ex
clude those given to Mr. Seymour, the
Constitution provides no peaceable
method of redress. It is all in vain to
say that we may wait four years and
try the result of another election ; for
if we submit to the dishonest precedent
we have no security that we shall not be
again cheated and our electoral votes
again thrown out. This is an evil that
must be met on the frontier. It is not
in the power of Congress to prevent the
Democratic party from ascertaining, in
November, whether it is a majority.
The votes which they refuse to recog
nize officially they cannot prevent us
from counting unofficially. No politi
cal swindling can prevent our knowing
by the middle of November, whether
the preponderance of physical strength
is on our side, or on their side. If they
are in a majority,.wo shall submit like
good citizens, and swallow our chagrin
as best we may. But if we fairly carry
the election, and are cheated out of our
victory by a dishonest counting of the
votes, we shall find some other way to
make the demonstrated superiority of
our numbers recogniged.
Democratic Ratification Meeting.
Savannah, July 20. There was an
immense gathering of Democrats and
Conservatives at Masonic Hall to rati
fy the nominations of the New York
Convention. Resolutions adopted en
dorsing platform, &c. After adjourn
ment a grand procession was formed
consisting of fire companis, railroad
employees, boat and base ball clubs,
colored conservative clubs and citizens,
carrying torches, transparences, &c.—
After marching through the principal
streets they proceeded to the Court
House square, where the throng was
addressed by distinguished speakers.
Houses of business generally illumina
ted. Tnroughout the city the greatest
enthusiasm prevails.
The Late Robbery of J. L. Moul
trie —Arrest of the Leader, &c.—
A gentleman of this place has just re
ceived a letter from Eufaula, Ala, from
which we are permitted to make the
following extract. The intelligence is
perfectly reliable :
“Although nothing has been heard
from the men who made their escape at
Union Springs, suspicions were strong
ly aroused in reference to one private
Wm. Shelton as a party to the trans
action,and a search was proposed, which
resulted in the discovery of some $196
upon his person. Private Wm. Shelton
is now in the guard-house, well ironed,
awaiting retribution. Pyvates Wright,
Moore, Shelton, and Worden were the
parties to the robbery of Mr. Moultrie
at Union Springs. Wright and Moore
made their escape.' Shelton and Wor
den remained behind. Worden has
turned State’s evidence and divulged
the whole matter, stung no doubt with
the resentment at the failure of the par
ties to divide equally tho profits secured,
according to agreement. Worden, it
seems, received nothing. Shelton has
since confessed. He is a desperate
character, and was an inmate of the
Penitentiary previous to his enlistment.
Worden’s evidence has all been taken
and forwarded. From his statement, I
judge Shelton to have been the active
mover In the matter.”— Union Springs j
Tima.
President’s Feta of the Electoral
College Bill.
Washington, July 18.— Quoting from
Gen. Jackson in support of his views,
and arguing that by the present-system
the will of a majority of the people is
liable to be defeated in the choice for
President, and arguing in favor of the
election of State Senators by the people
instead of by the State Legislatures,
and a limited, instead of a life tenure of
the Supreme Court Judges; and point
ing out the interest whicti the Chief
Justice and the Vice President have in
cases of Presidential impeachment.—
The President closes his arguments as
follows: "Time, observation and ex
perience have confirmed those convic- 1
tions, and as a matter of public duty, j
and with a deep sense of my constilu- !
tional obligations, recommend to the
consideration of Congress such meas
ures as I deem necessary and expedient.
I submit the accompanying proposi
tions, and urge their adoption and sub
mission to the judgment of the peopler” j
He proposes the adoption of the fol
lowing amendments to the Constitu
tion :
First. The Presidential term shall be
six years.
Second. States shall be divided into
equal districts, corresponding with the
number of Representatives and Senators
in Congress, and each district shall
count as one vote for President aad
Vice President, respectively, and the
person in each district receiving the
highest number of votes from voters
qualified to vote for the popular branch
of the State Legislature, within said
district, receiving the vote of the dis
trict. These facts shall be certified to by
the Governors of States, by Senators iu
Congress from such State, by the Presi
dent of the Senate, and by the Speaker
of the House.
Third. The Federal Congress shall
be in session on the second Monday in
October, 18—, and every sixth year
thereafter; and the President ot the
Senate, both houses present, shall open
and count the votes. Persons receiving
the highest numbers shall be President
and Vice President, respectively, if
they have a majority of votes east,
otherwise a second election occurs be
tween the two highest for each office.
If at the second election both receive
a like number of votes of districts, the
candidate receiving the highest number
of votes in the largest number of States
shall be President. The same rules to
apply to Vice President; but in case a
second election is necessary for Vice
President, but not for President, the
Senate shall elect the Vice President
from the two candidates receiving the
highest number of votes of the districts.
Fourth. No President or Vice Presi
dent shall be eligible for a second term.
Fifth. In ease of the President’s re
moval, by any cause, the office devolves
on the Vice President, and in case of
the Vico President’s removal the office
devolves on the Secretary of State, fol
lowing whom, as successors, come the
Secretaries of the Treasury, War, Navy
and Interior, 'Post Master General, and
Attorney General, who shall exercise
the functions of the office until the dis
ability is removed or anew election is
held.
Sixth. The United States Senate shall
be composed of two Senators from each
State, chosen by the electors of the
State Legislature, to hold six years,
each Senator having one vote. Judges
of the Supreme and Inferior Courts
shall hold office twelve years. The
President, after the adoption of the pro
posed amendment, shall divide the
Judges into three classes, expiring on
the fourth, sixth and twelfth year, so
that one third may be chosen every
fourth year by the Senate.
Tlje I)eiii«eri»sic State Convention of
West Virginia.
Wheeling, W. Va., July 16.— The
Democratic Convention assembled at
Grafton, West Virginia, to day. Hon.
George H. Pendleton and Senator
Thurman, of Ohio, were present and
addressed the Convention at length.—
Both gentlemen were most enthusias
tically received. The attendance is
large. A wigwarm capable of seating
five thousand persons was found to be
insufficient to accommodate the crowd.
N. J. Camden, Esq., of Parkersburg,
was nominated for Governor upon tho
first ballot.
Resolutions indorsing the nominees
and platform of the New York Con
vention, and demanding a repeal of the
registry law in force in this State, were
unanimously and enthusiastically adop
ted.
TnE Sheriff of Thomas County
Shot.— By a gentleman from Thomas
ville, we learn that a difficuity took
place there about noon on Thursday
last, between a man named Humphreys
and another named Abel Johnson.—
Tho latter was followed by the former
into a stable kept by him, and they
kept up the quarrel there. Johnson or
dered Humphreys out, but he refused to
go, and in the further course of the dif
ficulty they attempted to shoot each
other. Johnson used a double barreled
gun, which missed fire. Humphreys
used his revolver ; and, at the moment
he fired the weapon, Sheriff Wilson, of
Thomas county, jumped between the
two to separate them, and received the
shot in the back, the ball striking his
spine. He was at once conveyed to his
residence and medical aid called; but
his physician has no hope of saving his
life. Humphreys was at once placed
under arrest.
The President's Proclamation.
Washington, July 19.—The Presi
dent has issued two proclamations an
nouncing, in accordance with the
requiremnts of the Omnibus Admis
sion bill, adoption by South Carolina
and Louisiana of the fourteenth article.
The same expressions doubting the
legality of Legislatures and authentici
ty of ratification, characterize this with
former proclamations.
A storm is prevailing northward,
with heavy thunder and lightning, and
some rain. The lines to the North are
interrupted.
An insolent negro snatched a cup
from Miss Turney as she was in the act
of drinking, at a railroad celebration in
Tennessee, a few days ago. Her broth
er, Col. Pete Turney, hearing her
scream, pulled out his pistol and shot
the negro three times before he fell. A
white man, at the third shot, remarked
that it was carrying things too far, and
pulled out his pistol to tiro, when young
Turney turned upon him and let him
have the remaining load of his pistol.
Both the negro and white man were
killed.
The Capitol Police.— This is an ex
pensive force now, consisting of a cap
tain who receives <§2,088, two lieuten
ants, at §I,BOO each, thirty-six privates
at $1,582 each, twelve watchmen at
SI,OOO, and a superintendent at $1,440;
the uniforms cost $4,600, and there is
an item of SSOO for contingent expenses,
making $71,748 for the annual cost of
our Pretorian Guard. A hundred of the
veteran pensioners now supported by
the Government would guard the Capi
tol more faithfully, and at one-tenth of
the expense.— Washington Letter.
TnE Abyssinian Captives. The
number of the captives held in Abys
sinia by Theodore has always been in
doubt; but at last we have information
on the subject which may be consider
ed as approximately true. Recent let
ters from Europe announce that the re
leased Abyssinian captives, including
twenty men, eight women, twenty-two
childred ahd twenty one followers, had
arrived at Suez. This account gives
the entire number a3 seventy-one, and
the money value of each at about $2,-
000,000.
—.
The negroes in the Texas Convention
very emphatically declare that they will
not be ruled by their carpet-bag friends;
that they are the only native loyal
Unionists of the South ; and that with
the assistance of God and their revolv
ers they will make such laws as will
allow them the privileges voted them
by Congress. The same spirit is crop
ping out in the Alabama Legislature.
New Hampshire.—A letter received
from ex-President Pierce byex-Marshal
Hoover, of Washingion district, says
'Seymour is perfectly, satisfactory to
the New Hampshire Democrats and
will carry the State beyond a doubt in
November.
The number of cattle driven out of
Texas, this season, is estimated at 500,-
000. An intelligent Texan states that
this large amount of cattle will hardly
be missed from the prairies.
THE PRESIDENCY.
Letter from Senator Doolittle—Ho
Supports tbe Democratic Ticket.
Washington, July 13, 1868.
0. H. Ostrander , Esq., Danville, Penn:
Dear Sir : I am in receipt of your
letter of the 20th instant, in which,
speaking for yourself aud forty-eight
other Conservative Republicans of your
town, you express a “sense of disap
pointment aud regret that no better
names had been offered by the Demo
cratic party to lead the conservative and
1 atriotic masses of the people to victory,
and the Radical Republican party to
deserving and merited defeat Asa
gentleman and a statesman Mr. Sey
mour holds our respect, but as a Peace
Democrat we are indisposed to vote’for
him,” and you are pleased' to say that
if my name, among others, had been
placed at the head of the ticket, “all
would have gone well, and victory
would have been certain.” You desire
my opinion upon the situation and “the
prospects of a third party.”
I thank you for the confidence thus
reposed in me, and shall not shrink
from the responsibility of stating frankly
my opinion.
I do not think the organization of any
third party is wise, or can work any
practical good to the great cause in
which we are engaged. In the very
nature of things, when great principles
are at stake, there are, aud there can
be, but two effective political parties.
“He that is not for me, is against me,”
in politics as well as in religion, is a
truth upon which every wise man is
compelled to act.
What, then, is the great and para
mount issue ? What is that great and
unpardonable wrong for which the
Radical party is now arraigned and
should bo overthrown ?
It is substantially thus :
Iu violation of the Constitution —in
violation of pledges made and often re
peated, from first battle of Bull Run to
the end of the war ; pledges to the North
to get men and money ; pledges espe
cially made to the Democracy to get
their support in the field and in the
elections ; pledges made to the South to
induce them to lay down their arms and
to renew their allegiance ; and pledges
to foreign powers to prevent interven
tion—in violation of all these solemn
pledges, upon which we invoked the
blessings of Almighty God upon our
cause, and by which alone we gained
strength to master the rebellion—in
violation of the natural aud inalienable
right of the civilized men of every State
to govern themselves, and in violation
of the clear provisions of the Constitu
lion which leaves to each State for itself
the right to regulate suffrage, this party
has, without trial, by ex post facto laws,
disfranchised hundreds of thousands of
the most intelligent of tlieir citizens,
and has forged upon ten States and six
millions of our Anglo Saxon race the
universal and unqualified suffrage of
seven hundred thousand ignorant, and,
in the main, half civilized negroes.
This is the great wrong for which
that party is arraigned at the bar of
public judgment, and for which it should
be overthrown.
To consummate that great wrong,
they have abolished all civil govern
ment, and civil liberty, even in these
ten States.
They have established five absolute
military despotisms, wherein all rights to
life, liberty, and property, are subject
to the will of one man.
They have kept the Union divided.
They have prevented the restoration
of industry.
They have kept down the credit of
the Government during three years of
peace, to a point so low, that to the
shame of every American, the six per
cent, bonds of the United States sell for
only 73 in gold, while the bonds of
Brazil, bearing only four per cent, in
terest, bring over 90 in gold.
They have encroached upon the just
rights of the Executive.
They have threatened the independ
ence of the Supreme Court.
They have unjustly, and without
cause, impeached and put upon trial
the President himself, and, by every
species of denunciation, and even by
threats of assassination, have endeavor
ed to force the Senate to convict him,
in order to place in the executive chair
one who will use all its power to con
summate that gigantic wrong against
the Constitution, against our plighted
faith, against civilization, and against
our own race and kindred.
The convention in New York met for
the purpose of organizing to overthrow
the party in power for this great wrong,
and to restore the Union and the Con
stitution and the rights of the States and
all the States under it. Now, Ido not
say the nominations made at New York
are the very best that could have been
made for that purpose.
Tlie elements to he organized into a
victorious army were four fold. To use
a military figure, there were four Army
Corps to be organized into one grand
army:
First. The great Democratic Corps.
Second. The War Democratic Corps.
Third. The Conservative Republican
Corps.
Fourth. The Civilized Southern Corps.
The first, or Democratic Corps, was
fully organized, with ranks well filled,
but not in sufficient numbers to secure
the victory.
There was the War Democratic Corps
which supported Lincoln in 1864 ; but
which, in consequence of the great
wrong above mentioned, was ready to'
sever itself from the Radical army under
General Grant; and there was the Con
servative Republican Corps, of which
you are pleased to speak of me as lead
er, who, for the same reasons, were
ready to join the Grand Army, and do
all in their power to bring success to
our cause.
The two last are the recruiting corps.
They hold the balance of power. Asa
matter of policy, had the first office been
given to a chief of one or of the other,
it would have made our victory more
easy, it not more certain.
Everybody knows that the result of
this contest is to depend upon tho im
portant question, whether we shall be
able to recruit those two corps in suffi
cient numbers, and carry them to the
hearty support of Air. Seymour. If we
can, victory is with us. If we cannot,
victory is against us.
In my judgment, it is our duty to do
so. The very life of the Constitution
is involved, and with it the rights of
the States and the liberties of the people.
I cannot hesitate for one moment;
my judgment is for it; my whole heart
is in it. So far from relaxing, we
should redouble our efforts. Bear in
mind that the war ended three years
ago, when anew era was opened in po
litical affairs; that Air. Seymour is a
man of high character, of unquestioned
patriotism, of great ability and expe
rience, wholly with us upon the living
aud paramount issue, and that, if elect
ed, he will make a most able and digni
fied President; and certainly no Penn
sylvanian will forget that, but for his
promptness and energy in forwarding
the forces of New York to Gettysburg,
that great battle might have been lost
and Pennsylvania overrun. While, in
General Blair, we have a civilian and a
soldier whose promptness and indomit
able resolution seized Camp Jackson,
and saved Alissouri from secession, who
always stood among the foremost of the
War Republicans, in council and in the
field, while the w T ai-lasted ; and, when
it was over, was among the first to de
mand that for which the war was pros
ecuted—the Uuion of the States under
the Constitution, with their rights,
equality, and dignity unimpaired.
Let us unite for a victory ! Let us
have peace—a peace which comes not.
lrom a violated Constitution and the
despotism of the sword, but a peace
which comes lrom a restored Union
and the supremacy of constitutional
law', by which alone liberty is secured.
Respectfuliy, yours,
J. R. Doolittle.
To Raise Watermelons Without
Seed. —Tbe following plan has been
successfully adopted bv a planter iu Cad
do parish, La. ; After the vine is about
two feet long, cover the vine at a point
intermediate betw'een the root. After
it has taken root where it is covered,
divide the vine between the old and new
root, and the result will be that tho mel
ons will be seedless, without impairing
their quality.
Receipts of Cotton. —Aiemphis this
season has received 254,060 bales of
cotton, and on tho 16th had a stock of
482 bales.
Shreveport, La., has received 35,784
bales, and on the 10th had a stock of 66
bales.
From the Constitution.
GEORGIA LEGISLATURE.
SENATE.
Atlanta, July 18,1868.
The Senate met at 10 o’clock, a. m.,
pursuant to adjournment, and was call
ed to order by tho President.
Prayer was offered by the Senator
from the 31st district, Mr. Wm. F.
Bowers.
Leave of absence was granted to
Alessrs. Anderson, Stringer and Welch
a few days on account of sickness.
Mr. Speer offered a resolution to the
effect that that tho Messenger be au
thorized to procure locks for the desks
of each member. Adopted.
Air. Higbee offered a resolution that
the hour of meeting hereafter shall be
10 o’clock, a. m., and adjournment at 1
o’clock, p. m. The resolution was laid
upon the table.
Air. JBurns then moved that tho Sen
ate adjourn to 10 o’clock Monday morn
ing, which agreed to.
house.
Saturday July 18, 1868.
House met pursuant to adjournment.
Speaker McWhorter in the chair.
Prayer by Rev. J. Spillman.
Roll called. Proceedings of previous
day read and adopted.
Mr. Shumate, of Whitfield, having
the floor, resumed his argument in do
fense of the Minority Report of the
Committee on Eligibility. When he
concluded,
Mr. Price of Lumpkin, called for tho
previous question, (the adoption of the
Minority Report.)
A reading of the resolutions embrac
ed in the Minority report was then call
ed for, as follows :
Resolved, That John Long, of the
county of Carroll, be declared eligible
to a seat on this floor.
Resolved, That William F. McCul
lough of Jones, be declared eligible to
a seat on this floor.
Resolved, That J. M. Nunn, of the
county of Glasscock, be declared eligi
ble to a seat ou this floor.
The yeas and nays being called, the
vote stood as follows: Teas 95, nays
53.
Air. Caldwell, of Troup, offered a
resolution that the reports of the com
mittee, and all the evidence, be sent to
the Governor. Ruled out of order.
The resolutions were then taken up
seriatim, the vote being largely in the
majority on the adoption of the first,
which declares Air. Long eleglble to a
seat in the House.
On the vote on the second resolution,
Air. Bryant, of Richmond, demanded
the yeas and nays, and the reading of
the affidavit in the case of Air. AlcCul
lough. This was done, and the resolu
tion adopted by yeas 100, nays 48.
The third resolution, declaring Air.
Nunn eligible, was also adopted by a
large majority.
The question being thus finally dispos
ed of—
Mr. Harper, of Terrell offered the fol
lowing resolution :
Whereas, Under the instructions of
the General command the Third Mili’a
ry District, communicated to the House
by his Excellency the Provisional Gov
ernor, the House proceeded to examine
into and investigate the eligibility of its
members under the Reconstruction acts
of Congress, and after a full and
thorough investigation thereof, have
found all persons occupying seats eligi
ble thereto; therefore.
Resolved, that a committee of three
be appointed by the Speaker to await
upon his Excellency and notify him of
the result of said investigation.
The Speaker appointed as that com
mittee, Messrs. Harper, of'Terrell Cald
well, of Troupe, and Rainey, of Schley.
Mr. Caldwell, of Troupe, offered a
resolution that the action of the House
in the matter of eligibility, together
with the documentary evidonce, be
transmitted to the Provisional Govern
or, and through him to the Command
ing General ; and supported his
resolution in a lengthy speech.
At its conclusion, considerable discus
sion ensued, points of order were rais
ed, as to what disposition should be
made of it. A motion to lay it upon
the table was discussed, pending which,
and other motions the House adjourn
ed to 10 o’clock on Monday next.
SENATE.
Monday, July 20, 1868.
The Senate met at 10 o’clock, a. m.,
pursuant to adjournment, and was call
ed to order by the President.
Prayer by the Rev. Mr. Smith, Sena
tor from the 7th District.
The roll was called and the Journal
of Saturday read and approved.
Mr. Winn offered the following reso
lution :
Resolved, By the General Assembly
of the Provisional Government of Geor
gia, That a joint committee of three
from the Senate, and five from the
House of Representatives, be appointed
(the House concurring) with instruc
tions to report such preamble and reso
lutions as may be proper, to be adopted
by the General Assembly, in order to
carry this State into tho Union, under
the legislation of Congress on that sub
ject, and that all propositions relating
to that matter be referred to said com
mittee.
Mr. Merrell thought that action on
the resolution was premature, and made
a motion to lay it on the table, which
was adopted.
Mr. Speer moved that the Senate take
a recess for thirty minutes, which was \
adopted.
The time having expired for recess,
the President called the Senate to order, i
A message and accompanying docu- j
meut were presented to the Senate from
His Excellency, Governor Bullock,
which are as follows :
Office of Provisional Governor, )
Atlanta, Ga., July 20, 1868. j
To the Senate:
The reports of your committee, raised
to investigate the eligibility of Senators,
under the act of Congress of June 25,
1868, to admit the States of * * *
Georgia, * * *, etc., together with
the evidence taken before said Commit
tee, and the resolution of the Senate,
were transmitted to the Commanding
General, with my endorsement thereon,
and I herewith transmit for the inform
ation of the Senate, a communication
from the Commanding General.
Rufus B. Bullock,
Provisional Governor.
lIKADQ DARTERS THIRD MILITARY DIST., ) :
Department of Geo., Fla. and Ala., S
Atlanta, Oa., July 20, 1868. )
Hon. It. B. Bullock, Provisional Govern
or of Georgia:
Governor : I have the honor to ac
knowledge the receipt of your letter of
the 19th instant, transmitting the action
and resolution of the Senate on tho
eligibility of its members under the 14th
Article, constitutional amendment, and
objection to the same on the ground the
admission of certain members, who, in
the judgment of the minority of the
Committee of Investigation and your
self, are ineligible.
In reply, I beg leave to state that the
subject matter of your communication
will be held by me for consideration,
and that action thereon will be deferred
until I shall be officially advised of the
course pursued by the House of Repre
sentatives upon the same subject.
Very respectfully, your ob’t serv’t,
Geo. G. Meade,
Major Gen., U. S. A.
Mr. llungerford moved that the mes
sage and document be received and laid
on the table. Adopted.
Mr. Speer moved an adjournment to
10 o’clock to-morrow morning. Adop
ted.
house.
Monday, July 20, 1868.
House met pursuant to adjournment.
Speaker McWhorter in the Chair.
Prayer by Rev. W. T. Brantly. Roll
called. Proceedings of Saturday read
and adopted.
Mr. Harper, of Terrell, chairman of
the committee appointed on Saturday
to wait upon His Excellency, the Pro
visional Governor, made the following
report:
Mr. Speaker.—Your committee, ap
pointed to report to His Excellency, the
Provisional Governor, the action of this
House on the eligibility its officers and
members, beg leave to report that they
have performed that duty. His Excel
lency received our report courteously
and kindly, and responded by assuring
your Committee that he will communi
cate the same to the General Command
ing this the Third Military District.
F. M. ILtBFBR, Ch’o.
Air. Caldwell, of Troupe, claimed the
floor in the discussion of his resolution
of Saturday, which, upon being called
for, was read as follows :
Resolved, That the reports of the
committee on the eligibility of members,
with all documents and evidence, be
presented by said committee to the
Governor.
Air. Caldwell occupied the floor at
some length in support of this resolu
tion, and in conclusion called the pre
vious question. The yeas aud nays
were called for, aud stood as follows :
Yeas, 81; nays, 82. The resolution was
therefore lost.
Air. Rico, of Columbia, moved that,
in absence of any communication from
the Provisional Governor, in answer to
the committee appointed ou Saturday,
there was no business before the House,
and he would therefore move to adjourn.
House adjourned.
Tuesday, July 21, 1869
SENATE.
The Senate was called to order at 10
o’clock, pursuant to adjournment, by
the President.
Prayer was offered by Rev. Mr. Hin
ton, Senator from the 24th District.
Tho roll was called, and the journal
of yesterday read and approved.
A message from the Provisional Gov
ernor, and accompanying documents
were received and read as follows: | See
documents as reported in the House
proceedings. ]
Air. Winn moved that the resolu
tion which was laid upon the table
yesterday betaken up.
Mr. Candler offered a substitute in
substance, that the message and all
matters pertaining to the 14th Article,
be referred to the Committee ou tho
Judiciary. Lost.
On the adoption of the resolution of
Air. Winn the yeas aud nays were
called, which stood as follows :
Yeas— Messrs. Adkins, Bowers,
Bradley, Brock, Bruton, Campbell,
Coleman, Corbitt, Dickey, Griffin, (Otli
District,) Griffin, (21st District,) liar
ris, Higbee, Hungerford, .Tones, Jordan,
Merrill, AlcWhorter, Richardson,
Sherman, Smith, (6th District,) Smith,
(36th District,) Speer, Stringer, Wal
lace, Welch, Winn—27.
Nays—Messrs. Anderson, Burns,
Candler, Collier, Fain, Hicks, Hinton,
Holcombe, McArther, McCutohen,
Nisbet, Nunnally, Welborne, Wooten
—l4.
Those not voting—Messrs. Conley,
Graham, Moore.
The President announced that the
14th Amendment to the Constitution
of the United States, on the part of the
Senate, was adopted, which announce
ment was received with cheers from
the Radical side of the House.
Air. Hinton offered a resolution in
effect that the SeDate proceed to the
investigation of the case of A. A. Brad
ley.
Air. Adkins moved that the original
committee to investigate the case of
Bradley bo relieved.
Air. Candler hoped that the motion of
Mr. Adkins would not pass. From facts
already gleaned, the Senators were now
sitting in the Senate with a felon. His
case should be investigated immediate
ly, and if the charges preferred were
sustained, the accused should be expell
ed from the Senate.
After considerable discussion the res
olution offered by Air. Hinton was ta
bled.
Mr. Higbee offered tbe following :
Resolved,' That gentlemen who are
present as contestants of the right of
certain Senators to hold their seats here,
be invited to seats on the floor of the
Senate, during their stay.
Adopted.
Mr. Higbee also offered tho following
resolutions, which were agreed to :
Resolved, By the Senate and House
of Representatives, that a committee of
two from the Senate, and such commit
tee from the House of Representatives
as may be appointed, to make suitable
arrangements for the inauguration of
the Governor elect.
Resolved, By the Senate and House
of Representatives, that a committee be
appointed of three from the Senate and
five from the House, to notify the Gov
ernor elect, Hon. R. B. Bullock, that
the General Assembly will be pleased
to inaugurate him Governor of Georgia
at such time as he may think proper, in
the Hall of the House of Representatives.
A resolution was adopted fixing the
hour of meeting to 9 o’clock, and ad
journment to 1 o’clock.
Air. Higbee moved that the Senate go
into the election of a President pro tern.
Mr. Woolen, from the lltli district, and
Air. Harris, from the 27th district, were
nominated. On calling the roll Mr.
Wooten was declared duly elected.
On motion, the Senate adjourned till
9 o’clock to-morrow.
nousE.
Tuesday, July 21, 1868.
House met. Speaker AlcWhorter in
the Chair. Prayer by Air. Cloud. Roll
called. Minutes of yesterday read and
adopted.
Mr. Bell, of Banks, offered a resolu
tion that each member of the House be
furnished with a copy of the Code of
Georgia, and the laws of 1860, which
had just been brought up from Millcdge
ville. Adopted.
Air. Lane, of Brooks, moved that itn
mediate action be had on the 14th
amendment, when a discussion ensued
as to the motion being out of order,
pending which the Secretary of the
Governor entered the hall and announc
ed a message from that official. It was
moved and carried that the message be
at once taken up, when the Clerk read
as follows :
Office of Provisional Governor, ) i
Atlanta, Ga., July 21, 1868. f !
To the Senate and House of Reprcscnta■ [
fives:
The following communication from j
the Commanding General of this Dis- j
trict is repectfully transmitted for the
information of the General Assembly :
Hbadq’rs, Third Military District, l
(Department of Geo., Fla. iiml Ala. t
Atlanta, U a., July 21, 1568 j
Hon. 11. B. Bullock , Provisional Gov
ernor of Georgia:
I have the honor to acknowledge the
receipt of your letter of the 18th inst.,
advising me that a committee of the
House of Representatives had waited
on you, and verbally informed you that
the House having made a careful inves
tigation into the eligibility of its mem
bers, have decided by a vote of the
House that all persons now in their
seats are eligible.
I have already acknowledged the re
ceipt of your letter of the 16th reporting
the action of the Senate on the same
subject.
I have now to advise and instruct
you that each House, having complied
with tho requisitions of my communica
tion of the Bth inst., by examining into
and declaring on the eligibility of their
members, under tne Act of Congress,
and tho 14tli Article, Constitutional
amendments, I have no further opposi
tion to make to their proceeding to the
business for which they were called to
gether, as I consider them legally or
ganized from the 18th inst., the date of
tho action-of the House.
Very respectfully
Your obedient servant.
Geo. G. Meade,
Maj. Gen., U. S. A.
By tho provision of the act of Con-,
gress entitled “An act to admit the
States of North Carolina, South Caroli
na, Louisiana, Georgia, Alabama and
Florida to representation in Congress,”
passed June 25th, 1868, you are re
quired to duly ratify the amendment to
the Constitution proposed by the 39th
Congress, and known as Article 14, and
by solemn public act declare the assent
of the State to that portion of the act of
Congress, which makes null and void
the first and third subdivisions of sec
tion 17 of tho fifth article of the State
Constitution ; except tho provision to
the first subdivision, before tho State
shall be entitled and admitted to repre
sentation in Congress an a Siate of the
j Union.
i Copies of the said act of Congress,
and of the said proposed amendment to
the Constitution are herewith transmit
ted. Rufus B. Eullock,
Provisianal Governor.
Mr. Lane, of Brooks, offered the fol
lowing joint resolution to ratify the
amendment to the Constitution of the
United States, known as article four
teen proposed by the Thirty-ninth Con
gress of the United States:
Resolved by the Senate and House of
Representatives of the State of Georgia,
That the amendment to the Constitution
oi the United States, known as article
fourteen, proposed by tho Thirty-ninth
I Congress of tho Unitod Stair,
| which is as follows: es ’ Hi
J Article 14—Sec 1. All person,
! naturalized in the United States anl
j to tlie jurisdiction thereof, are c 'ii,
! United States aud of tlie State «!, '!'
! reside. No State shall make or .7""'
| law which shall abridge tin
inanities of citizens of the Unit. i 1
shall any State deprive uuv
. liberty or property, without ,|u,." ' " f !■
law, nor deny to any person will,'' 11 !
i diction tlie equal pr'oti lion 0 f
| Sec. 2. Ifepresentat v |, n || j, '**•
i among the several St it, - '
respective number,, roue ~,, th,. '
! ber of persons iu each . Nl .j,
dians not taxed. Hut when "
at any election forth - elm.-
i President and Vice President oi -
States, Representative* in < , 1 '
j ecutivc and judicial officer* of it's
I Legislature thereof, is denied to iun :
I mate inhabitants of such State, / :
1 one years of age, and citizens’of |i
j States, or any way abridged, ex-.
I ticipation in rebellion m-other rrii'u • 1
sis of representation therein -.hail ", '
1 in the proportion which the number ,
male citizens shall bear to the ulu,|,. !'.
lof male citizens twenty-one years „" :
i such State, be and is hereby rmii-, ,ii
j State of Georgia.
[ Sec. 3. No person shall he a Sen
I Representative in Congress, or
President aud Vice President, or holo ,7
(ice, civil or military,-under the Unit,.,',,'
! or under any State, wlm, having t, r , v
. taken an oath, a, a member of e,i ;i
as an officer of the United Btates, or ,t
--ber of any State Legislature, or a'- ~ ;
; tivo or judicial officer of any State, t.V.i.'
the Constitution of the United SUi,,
have engaged in insurrection m-
I against the same, or given aid nr i „in!
, the enemies thereof. Rut Congress
: a vote of two-thirds of each Hon,r,
. such disability.
Sec. 4. Tlie validity of the public ;
| the United States, authorized by lan
' ding debts incurred for payment of
I ami bounties for services in sii)i|uc •
l ection or rebellion, shall not be mu, .
| But neither the United States n. , v, ,
| shall assume or pay any debtor ~|l,
| incurred In aid of inanimation or ~
I against the United States, or am
i the loss or emancipation of any slave; j,’,.
: such debts, obligations and ciuinis
i held illegal and void.
! Sec. Tho Congress shall have power,in
i propriate legislation, to enforce tin
-1 sions of this article.
A suspension oi the rules was dm,
sary to take up this joiut resolut,
when a motion to that effect preva:
The Speaker then put the question,
; adoption, when
i Mr. Crawford, of Bartow, obt#
I the floor, aud in a speech of some lea.
I opposed it.
Mr. O’Neal, of Lowndes, r.plit
support of the measure.
Mr. Tumlin, of Randolph, called
previous question, when the yeas
j nays stood as follows:
\ Yeas —Messrs. James Ailed of Hurt,.
Allen of Jasper, Benjamin Ayer E. I ,
; P. Board . Edwin Belcher, W It lie!!,
, Bennett, Marion Bcthuno, .1 A Brin :.
I Bryant, T M Buchan, J M Hurt?. .1 H
j well, T G Campbell, R W (’nrnetner, V,
| Carson, P H (/'hampers, Malcolm i Ini'
G II Glower, Abraham Colby, .1 T 1
James Cunningham, S A Darnell, M»:,
‘ Davis, J M Ellisol Gilmer, Jlt Even- :
, Filzpatlck, Monday Floyd, J EG ei-anl:- .
I Fyftll, S Gardner, W A Golden, R It Hr.
Glynn, W 11 Hall of Meriwether; \V I) 1!
i ilton, A Haren, W H Harrison, of Hum'
i F Harden, J Higdon, V Hillyer, W F 1!
G H Hooks, F M I) Hopkins. U I, Huns;
' Hughes,? Joiner, G W Johnson, id Tom
A Lane, G Lastii ger, A H Lee, G Lin
Lindsay,.T Long, K Lumpkin, J T Met'd*.
J A Madden, P Madison, J A Maxwell,
Maul, K linilus Moore, John Neal, ,
O’Neal, of Lowndes; Peter O’Niol of li,
win, G K Osgood, G F Pago, N J Perth;-
Cherokee, Jos, L Perkins, of Dawson, J;.n
; Porter, S O Prudden, A Ii Read, Miisun.T i,
i A Richardson, Salter, F M Scroggins, 1'
Sewell, J M Sims, F M Smith, of Charli
Abram Smith, oi jMusoogee, Alexander s
I S S Strickland. H M Turner. EphrismTiv-
I John Warren, of Burke, W W Watkins, sa
uel Williams, of Harris, W N Willin'’
i Harralson, A J Williams, oi Morgan, V,
| Zellars.
I Nays.—W D Anderson, J W Atkins.
! Harnuin, Richard Bradford. PH HrasssJU
j G Brown, Wm M Butt, W H Clarke, C I
Clegliorn, A E Cloud, J A Cobb, M 1 Cm-
I ford, John C Drako, (J O Duncan, J T Y.WK
j Spalding, W S Erwin, H ii Peliler, JUeK V!
cannon, 1? W Flournoy, I*’ M Ford, A SI
lor, H C Fryer, A IVI George, N N GGic:
Golf, Wii Gray, J EGuliatl, W N U:
Bulloch; T M Harkness, J A Harrison,
Franklin, J N Harris, G U Harpor, ot sun
F M Harper of Terrell, G M Hook. W 1 11
son, O C Humber, D Johnson, of Wilcox:H
Kellogg, O II Kytle, W T McCullough ff
McDougald, J W Matthews, J W Mediae
Nash, J C Nlsliot, J M Nunn, R M Parke
L Pepper, R W Phillips, B F Powell W
| Price, Thomas F Rainey, Morgan Km
! Isliam Reddish,GS Rosser, Jas M Rouse.
! WRumph, S F Salter, Dunlap Scott, 1!
i Seales, iVL Shackletord, J E Shumate, V
Sisson, J R Smith of Coffee, J D Smith.
I Ware, J B Sorrells. R OSurrcnoy, E M T.
a/erro, U O Tate, W M Tumlin, R A Turr.
j .-cod, W G Vinson, L H Wnlthal. L C A V.'
ran of Quittman, 1) Wolchel, Frank Wiles
Hirani Williams, of Dooly, Ballanger
Floyd,
Those not voting—Messrs, Hau.irJ, J
Arthur, Moon, Paulk, Penlond, Red!;-.
Rouse, Smith ofOoffee, Smith of Ware, e
| rcncy, Mr." Speaker on the ground that 1.
no Constitutional right to voto.
! Mr. Bryant, of Richmond, then oil
ed the following:
Whereas, the Congress of the Uni;.
States by the act admitting the State
Georgia to representation in Con;:
as a State of the United States, imp”-:
as ono of the conditions upon whiclii
same shall take effect, that the first a:
third sub divisions of section seven:
I of tlie fifth article of the Constitution
| the Staie of Georgia, except the prov.-
to the first sub-division shall be
' and void, and that the General At- 1
I bly of the State shall by solemu pn
! act declare the assent of tbe State tot;.
said condition.
| Lis therefore Resolved by tbe Si' ■
! and House of Representatives, tbe 6
j eral Assembly of Georgia, does Jute
j declare the assent of the State of 0
I gia to the said condition.
The rules were suspended to tab
this resolution which was adopted 7
large majority, the Democrats all rut
in the negative. [The yeas ami n
were not taken.]
A resolution was adopted appoint:
a Committee of five to wait upon
j Excellency the Provisional Govtn
I and apprise him of the action oft
House to-day.
j The Speaker named as that Conn
tee, Messrs. Bethune, of Talbot, "
! liams, of Dooley, Johnson, of Tor:
Mathews, of Houston, Neal, of War:
Mr. Tumlin, of Randolph, offered 1
following :
Resolved, That we respectfully s
earnestly petition the Congress of
United States to remove front evi
citizen of Georgia, irrespective of pr
association, the disabilities imposed
the third section of tho proposed am
ment to the Constitution of tlie V
States, known ns article fourteen.
Mr. Harper, of Terrell, favon
resolution.
Mr. Lane, of Brooks, opposed i
Mr. Phillips, of Echols, sustiii;
in remarks.
Mr. Bryant, of Richmond, won'
cept it with a proviso, that ouly •
be relieved as were in favor oi tl' !
construction measures, and saint::
tlie action of this llouso to day
Mr. Tumlin, of Randolph, sai l " r
the gentleman from Richmond,
his proviso as an amendment, lie
not accept it.
Mr. Anderson, of Cobb, said tho
lutlon, in his opinion, was prtnisi
but would give it his support.
men on the other side of tbe bou- ,(
said that the Government was mss ;
mouß. If they were candid in Hi'
pressions they would vote for tho
iution.
The previous question was b« rc
ed, but tlie House refused to hi-'
the rules for the purpose of taking
The resolution therefore goes over
The Clerk of tlie Senate was an”’
ed with a message from that t
which, upon being read, proved
tho Senate’s action upon the poat
the 14th amendment, which aatioß.
the motion being put, the House
curred in.
Mr. Bryant offered a resolntu®
when the House adjourn it do f"
assemble at 4 o’clock this aftem 1 ’ 1
order to arrange for tho (>■'"'
inauguration. Adopted.
Mr. O’Neal, of Lowndes, ollrn
following:
Resolved, That a committee o ■:
be appointed by tho Speaker "■
duty it shall be to notify Major
Meade of the action of this
the Constitutional Amenduienj.
other fundamental conditions t“.o
acted upon, and invite him anani»_-
to a seat upon this floor, to witn f \
inauguration of his Excellency t* ll
ernor. Adopted. ,
Mr. Turner, of Bibb, (colored! ■
ed a resolution that the Comnn
be appointed to arrange for tbe *.
ration of the Governor, be instru
enquire into the plausibility 0 .
it take place outside of tbell'dl.,
that everybody may witness t Jt
mony. Adopted. ijt
Leave of absence was grft Ul
Hudson, of Harris.
Tbe Ilouse adjourned to 4 p.
Fifty persons in New York,
Brooklyn, three in Jersey City* -
in Newark, New Jersey, sno
tbe Navy Y'ard, died on TkuriW
gun stroke.