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About The weekly sun. (Columbus, Ga.) 1857-1873 | View Entire Issue (July 28, 1868)
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.
