Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, November 28, 1871, Image 2
Tlae Greoreia/ eeklv TeleajDa/pli and Joumal &c IVEessertgei*. Telegraph and Messenger. MACON NOVEMBER 28 >871. Xhe convention. We beg to reiterate what wo said a few days ago upon the necessity of sending delegates, fresh from the people, to the approaching Demo cratic State Convention, to nominate a candi date for Governor. Fnrther reflection strength ens our conviction that such a course is urgently demanded by the peculiar exigencies of the pres- . enteituaUon.no less than by every consideration of sound judgment and propriety. The mem bers of the Legislature were not elected with my such view as representing their constitu ents in a convenUou to make a Governor, nor is it likely that they even know the feeling of She people who sent them to AUanta on the subject The question has been sprung since thoy left home, and two-thirds of them have had no opportunity of mingling with the people and learning their wishes. But the strongest reason of all why this duty should not be thrust upon them,is found in the fact fW all of them, more or less, and very possibly insensible to themselves, have, since their so journ at Atlanta, imbibed ideas and prejudices for or against possible candidates for the posi tion which, as a rule, and as far as pracUcable, should be kept out of a nominating convention. Of courso some delegates, even if chosen by the people for this special purpose, will go to the convenUon with a strong bias for this or that man, but the great mass of them will care Tory litUo for any parUculor candidate, and will vote for tho best man, no' matter who he is, where he comes from, or what personal or sectional interests will bo made or marred by his selec tion. They will pass all the aspirants in review, and make their choice impartially, and on the sound principles of fitness and solid deserving, alone. If members of the Legislature are to nomi nate tho candidate, they might as well have been allowed to do so in caucus at once, and without the formality and pretense of a convention of the people. We are utterly opposed to any such duty being devolved upon them, and we ear nestly urge their constituents to relieve them of it. We call upon our brethren of the press to join us in this demand, and we especially in voke the attention of the people themselves to the matter. If it is worth their while to be rep resented in a convention, it is certainly worth it to choose men especially for this business. Lot there bo no departure from the wise and well settled precedents of the party, and partic ularly at this time. Let there be an old-fashion ed convention and a square nomination, and all will bo well. Otherwise, we are not so sanguine. The Relative Cotton Supply. A writer in the Charleston Courier condenses from the circulars of Messrs. Leech, Harrison & Forwood, and of Mr. Otto Trumpler, esti mates showing that upon present rates of con sumption the world’s stock of cotton on band 30th September, 1872, will be 230,000 bales, against 700,000 bales at same date last year; and that any serious advance in prices will check consumption. An advance to 91 he says will reduce consumption ten thousand bales a week so as to add 820,000 bales to the supply at the end of the year, and make it within a thou sand bales as great as that last September, es timating the incoming crop at 3,250,000 bales. Ho, therefore, ridicules the anticipations of the Macon Telegraph, of any important advance in the present prices. We have great respect for his figures—and for Mr. Otto Trumpler’s figures—a*d Messrs. Leech, Harrison & Forwood’s figures, and for our own figures, (if we have got any,) and for every body’s figures in general. We consider all good—one just as good as another, and per haps just os likely to be verified by facts as any. If there is any point in which the wis dom of this world is of little avail, it is on cot ton estimates and vaticinations. And still, like JackBunsbv, we must all have an opinion*; and our opinion is that when the most of this crop has passed out of the hands of producers, prices will bound upwards seven, eight or nine cents, as thoy have had a pretty constant trick of doing ever since the war, and as there seems to bo more than ordinary reason for their doing at this time. Therefore, if we had any cotton of our own, and could afford to keep it out of market, we certainly should do so for the present, and probably until April next; and run all these risks of the manufacturers becoming disgusted and stopping their spindles, and so reducing demand far below supply. Let us not borrow trouble. There is certainly a full supply of that article already on hand. Acting-Governor Conley’s Veto. Although, no doubt, the best talent was em ployed in producing this document, it is not a respectable specimen of special pleading. The Constitution is too clear to be easily circum vented. In e^se of the death, resignation or disqualification of the Governor, to avoid an interregnum in the Executive Department, it devolves “executive powers” on the President of the Senate, ex-officio, and then vests the Legislature with full power to “provide by law for filling unexpired terms by a special elec tion.” Now the Acting Governor’s main point in this message is that this provision confers power to pass only a general law for filling executive va cancies, whereas this is a special statute! That is to say, the Assembly may do the greater but cannot do the less. Let him explain how any general law could meet the particular exigencies to be provided for. The essence of this grant is one of special power to meet emergencies as they arise—by special elections—at special times—with special provisions to meet unex pected contingencies. He contends that a gen eral law must be meant, because tho plural word “terma” is used, but omits to notice that the singular term “a special election” follows directly after, which, if his argument had any force at all, would confound it. Would he have a general law to fill gubernatorial vacancies by one “special election ?” But we have neither space nor time to canvass this weak attempt to perpetuate the Bullock dynasty in defianco of law and the Legislature. The Atlanta organ comes to tho praclcalfacls in tho case without circumlocution. It states briefly that Conley means to hold on to office, and will bo sustained in tho usurpation by Grant’s bayonets. That will surprise nobody, and will furnish what Conley cannot do—a sub stantial argument! The logic of bayonets is irresistible; and Grant and hi3 party ore inca pable of any other. Nevertheless, let the people go to the polls and elect an honest man for Governor, under tho laws and Constitution of tho State, leaving tho responsibility of keeping him out of his seat where it belongs. Macon Cotton Receipts.—From September 1 to November 23, 1870, Macon received 48,748 balea of cotton. From September 1, 1871, to November 23, she has reoeived 26,351 balos— showing a deficit of 22,397 bales less two days’ receipts. This indicates, wo think, a falling off of more than 50 per cent, from last year. Families may secure elegant suites of rooms while traveling, either by mail or telegraph, re plete with all comforts and luxuries, at tho Amebioan House, Boston. The Messrs. Rice arc widely known as among the most popular and successful of American landlords. Out Upon Him. The Atlanta New Era, the organ of Conley’s usurpation; in an article upon “Martial Law for Georgia and Floridia," says: For the same reason, some of the ablest and best men in tho State, of both political parties, have begged the present Legislature not to re peat the madness and folly of 1868. Nothing can be gained by extreme or revolutionary measures at this time. On tho contrary, we bavo everything to lose by it. Hence, as a matter of expediency alone, leaving wholly out of the question the unconstitutionality and revolutionary character of tho proceeding, we had hoped that an issue would not be forced with the constituted Executive of the State, by that same rabid and revolutionary element which made tho issue in 1868—an issue which lead to Federal interference with the local affairs of tho State. And now, in the name of tho commercial and material interests of the State, to say nothing of the moral turpitude of tho thing, those men in Georgia who think more of the interest of the commonwealth than of party, protest against a fnrther continuance of this madness. If the late Governor Bullock could only have gained his own consent to remain in Georgia and join the same protest against the l, madness of any inquiry into his official acts, when the State was threatened with martial law, Conley’s usurpation would never have occurred. Lo the organ take this view of the case and weep over the indiscretion of Bullock; or if he un derstands the facts of the case differently, him explain to the people whether this wa"3 not some nice arrangement between Bullock and Conley to bring martial law upon Georgia—the one operating in Washington and the other Georgia for tho same end—Bollock afraid remain and Conley unablo to keep his seat with out the essential prop of Federal bayonets! What a striking illustration of insubordination and disloyalty! And it is the same all over the South. The people will not lie still and be skinned. They will resist robbery and violations of tho law. See in what trouble the Garolinas are, and how the gentle Sco.t complains of their turbulence. No doubt with Conley and the Era, Scott could weep tears of blood over the “madness” of the people in preventing him from pocketing ten ot fifteen millions of bonds. So it is with Reed and Warmouth. They are certain the people need martial law, and wonder why, in the face of their danger from Grant, they should not submit without question to flaying. All of these men show their appreciation of Grant when they make his administration a bug-bear to compel the people to submit to fraud and usur pation on pain of persecution by the Federal Government. But, nevertheless, on so plain point 03 the right of the people to fill this gubemational vacancy the people of Georgia will do their duty, and let the administration take what course it may. Usury—Important to Commission Merchants. The Savannah Republican, of Friday, notes the decision, on Wednesday, in the United States Court now sitting in that city, of a case which involves some results very important to commission merchants. The suit was in favor of a New York firm against two farmers of Sumter county, Georgia. Tho former had ad vanced about $15,000, in 1866, for the latter, and purchased for them 100 bales of cotton. The contract was that the defendants were to pay three-quarters of one per cent, commission, and six per cent, interest on the advance, as long as the cotton was held. It was to be sold only upon.the order of tho partios owning it. Under this contract the cotton was held eight months. Like all other contracts of a similar nature in the year 1866, when cotton was held over, there was a heavy loss, amounting to_over $1,600. The defendants gave their note for the amount, but afterward refused to pay it, and upon suit brought plead usury. The Judge charged the jury that, if this contract for commissions was made to evade the usury statutes of Georgia, then tho policy of the law forbade its execution; but if the* agreement was made to pay the legal interest and a commission to the factor, for each month, for his care, diligence, labor and at tention expended in the business of defen dants, it was proper they should find for the plaintiff. The jury were out but a few mo ments when they returned a verdict for the plaintiff for the full amount of principal and interest Tho parties were R. T. Wilson vs. James T. West and Philip West. K. K. Hines for plain tiff, and Harden & Levy for defendant News Items. Cotton was very strong in Liverpool yester day, with sales of 20,000 bales in the morning, and an advance of an eighth. • There was about an eighth of a cent advance in New York. Slander.—Somebody has got a bill before the Legislature making slander a criminal offense. We hope the Legislature will defeat that measure. Pay of Membehs.—The House of Represen tatives on Tuesday passed a bill, fixing the pay of presiding officers at $10 per day, and of Members and Senators at $6 per day. The vote on the final adoption, was yeas—104, nays 27. The English Mission.—Tho New York Mail, of Thursday, says it is quite likely that Gen. Schenck has decided to terminate his mission to England and accept the position of law officer to the North Pacifio Railroad Company, which it is understood is kept open for hint. Married.—The Hon. G. W. Woodward, a Democratic member of Congress, from Penn sylvania, and who will be remembered a9 a visitor at the State Fair, held here in 1869, was married last Thursday, to Mrs. E. H. McAlis ter, of Lexington, Ky. Public Education in Alabama.—Colonel Joseph Hodgson, Superintendent of Publio Instruction, in Alabama, in his address to the Board of Education, says that the cost of ad ministering the department this year, is $42,535 less than last year, and the pupils have in creased from 52,060 to 107,666. Queen Victoria has left her retirement at Balmoral, and arrived at Windsor Castle on Friday. This is a formal announcement of re covered health, and a gauntlet of defianco to tho politicians who say that she is physically and mentally incapacitated for publio administra tion. The Usury Laws.—Mr. Nutting, of this county, introduced a bill last Thursday in rela tion to rates of interest. We presume it leaves the price of money to be fixed by the contract and establishes a legal rate only in cases where none is agreed upon. If these are the pro visions of the bill wo hope it will pass. The State Convention.—A correspondent of the Constitution thinks that a Democratio State Convention cannot be gathered by the 6th December. Tho notice is short, but it has been distributed by telegram to all points reached by the wires, and we apprehend that the difficulty will be found more apparent than real. But let the people everywhere act with energy and decision. Road Law For Bibb County.—Mr. Bacon on Friday, introduced into the Honse a bill to alter the road laws of the State so far as they relate to Bibb county. We presume this bill is substantially the same as that reported to the Grand Jury of Bibb about two years ago, by Dr. M. S. Thomson, and urged by the Grand Jury on the attention of the Legislature. It provides for a tax on wagons, carriages, horses and mules, and the keeping of the roads In repair throughout the year by contract. CONLEY’S MESSAGE. Bis Veto or tbe Election Kill. EXECUTIVE DEPARTMENT,) Atlanta, Ga, November 21, 1871. ) To the House of Representatives: I herewith return to your honorable body, in which it orig inated, the bill entitled “an act to provide for a special election for Governor, to fill tho nnex- pired term of Rufus B. Bullock, late Governor, and for other purposes,” with my dissent to the same and the reasons therefor. I have not adopted this courso without the greatest consideration. As tho object of this bill is to fill tho unex pired term of Governor Bollock, which at tho time of his resignation devolved by the Consti tution upon myself, my personal prido wonld impel me promptly to affix my signature to it, sinco to refuse so to do, is to put it in the power of thoso disposed to jndge harshly to attribute my action to interested motives. But however ranch I may feel inclined, by giving the bill my assent, to repel such imputations, I must in this, as in all my official actions, be guided by my judgment rather than my pride. Indeed, it cannot but occur to every thinking man that if the Constitntion authorizes so un seemly a proceeding as that presented by tho bill under consideration, in which tbe Executive of tbe State is called upon to sit in solemn judgment upon the question of the propriety or impropriety of terminating bis own official existence—the Constitntion is in this respect, at least, anomalous. It is a settled rule, both of law and of common sense, that no man shonld bo compelled or permitted to sit in judgment upon his own rights—not only be cause the selfishness of bnman nature leads one to judge in his ’own favor, but because a proud man would prefer to sacrifice his own rights rather than subject himself to the suspi cions of ungenerous critics. In so important a law as that now proposed, the people are enti tled to the free judgment of both the Legisla ture and the Executive. Nothing is more carefully guarded against in the Constitution than the happening of a contingency in which a public officer shall be come personally interested in the exercise of tho duties of his office. If the Governor be impeached, even, the President of the Senate is, upon the trial, to vacate his seat, since, if conviction takes place, he becomes olothed with the functions of tbe Governor. The Judges of the Supreme Court, if inter ested in a case before them, are temporarily displaced by Circuit Judges selected by the Governor. If a case arise in which a Judge of the Superior Court is interested, the law pro vides that he shall not preside. And, generally, by the Constitution and laws, by the rules of legislative bodies, and by cocmon consent of all pnblicits, it is as I have said, a settled rnle that no one shall be permitted or compelled to exercise his public functions in a matter direct ly involving bis own interests. Were the duty imposed a mere ministerial one, in which I was called upon simply to do an act, in which I was not bound by my oath of office to exercise my judgment, the case would be different. I have said thus muoh because I cannot but feel that the General Assembly in tho passage of this bill has not folly considered the posi tion in which it places myself; and because I cannot think so Btrange an anomaly as its pre sentation to me for my signature was ever contemplated in the Constitution of the State. The Constitution, article fonr, section one, paragraph four is as follows: “Incase of the death, resignation or disability of the Governor, the President of the Senate shall exercise the Executive powers of the Government until such disability be removed, or a successor is elected and qualified. And in case of the death, resig nation or disability of the President of the Son ata, tho Speaker of the House of Representa tives shall exercise the Executive powers of the Government until the removal of the disability, or tbe election and qualification of a Governor. The General Assembly shall have power to pro vide by law for filling nnexpired terms by a special election.” Withont doubt it is upon the last sentence of this quotation from the Constitntion that this bill is fonnded. The bill is entitled “an act to provide for a special election for Governor, to fill tbe nnex- pired term of Rnfus B. Bullock, late Governor, and for other purposes.” It provides that an election shall be held on a fixed day, to-wit: Tbe third Tuesday in December, eighteen hun dred and seventy-one, for that purpose. In my judgment, tne clause of tho Consti tution referred to does not authorize, or justify, such a law. The language is, “Tho General Assembly shall have power to provide by law for filling unexpired terms by a special elec tion. ” It was contemplated that tbe General Assem bly shonld provide, by a general law, not for filling a particular unexpired term, bat for filling unexpired terms generally. No man can read this language of the Constitution without feeling that it is a very strained construction, to say the least of it, to hold that it authorizes a special law for a special case. The language is unstated to such an idea. Tho word terms indicates clearly that a general law is meant, passed in view of tho general public good, and looking to fntnre vacancies, and not to one that has already occurred. The action now taken can only be called a law by courtesy. It is rather an order than a law, as is indicated by the constant use of that term when speak ing of it in common conversation. It does not provide for future events, bnt for one past event Upon the resignation of Governor Bullock, I was informed thereof by the Secretary of State, and, on the 30th day of October of this year, in pursuance of section one hundred and twenty-seven of the Code of Georgia, I ap peared at the capitol and took the oath of of fice, and the same was entered upon the min utes of the Executive office, as required by the section of the Code just cited. Tiiat oath was in these words, os prescribed by the Constitu tion : “I do solemnly swear that I will faith fully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect and defend the Con stitution thereof, and of the United States of America.” At the time I took said oath there was no law in this State for filling nnexpired gubernatorial terms by a special eleetion. The Constitution was the only law. That conferred the office upon the President of the Senate, until the regular election for a Governor, in the mode and at the time therein provided. Is it competent for tho General Assembly, under the clause authorizing it to provide by law for filling nnexpired terms, to order an election, by a special act, to fill a term already filled according to tbe Constitution ? Section twenty-six of article one of the Con stitution provides that “Laws shall have a gen* eral operation, and no general law, affecting private rights, shall be varied in any particular case by special legislation, oxcept with tbe free consent, in writing, of all persons to bo affected thereby.” At tbe time Governor Bullock resigned, and the oath to “execute the offico of Governor of tho Stato of Georgia ” was administered to mo, it was the general law that the President of the Senate shonld exercise the dnties of Governor until the regular election, and it is not compe tent for tho General Assembly, by a special law, to vary tbis general law so as to affect a caso occurring before the enactment. Now, is there any significance in this argu ment ? in the use of tho word “special election,” in tho clause referred to. The Constitution, in article two, section eleven, provides that the election of Governor, members of Congress and of the General Assembly shall bo held at the same time, to-wit: on Tuesday after the first Monday in November. The election of a Governor is also provided in article fonr, sec tion ono, paragraph two of tho Constitution, to be held on the Tuesday after tho first Monday in November, quadrennially, at the places for holding general elections. Any election to fill an nnexpired term, must necessarily, though provided for by a general law for all such cases, bo a “special election,” since it is held at a dif ferent timo from the “general election,” to-wit: some time regulated by the law for filling unex pired terms. Had the intent been to authorize the General Assembly to provide for filling a particular un expired term, after it had occurred, it seems to me the language used would have been very different. The Constitution would have said*, “ The General Assembly shall have power, by special law, to provide for filling an nnexpired term by a special election.” A power to provide by law for filling unex pired terms by a special election, necessarily involves a general survey of suoh cases, and es pecially does it involve the free exercise of judgment by the Legislature and by the Gov ernor. This free judgment cannot be had in a special law for a special ease, when the passage of it involves the official existence of the Exe cutive. He can give no free judgment in the matter, since be is necessarily interested in the event No proper provision can be made law for such a case, after the occasion has arisen, be cause one of the elements of every law—the free judgment of the Executive upon its pro priety—cannot be obtained, and because its passage involves the violation of that clause of the BUI of Rights which prohibits tho varying of a general law by special enactment, .when private rights are thereby to be affected. Another objection to the constitutionality of this bill is drawn from tho provisions of article fonr, section one, paragraph two of the Con stitution. * This paragraph is these words: “After tho first election, the Governor shall be elected quadrennially by tho persons quali fied to vote for members of the GenSral Assem bly, on tbo Tuesday after the first Monday in November, until such timo be altered by law, which election shall be held at the places of bolding general elections in the several counties of this State, in tho samo manner as is pre served for tho election of members of tho General Assembly. _ “The returns for every election of Governor, after the first, shall be sealed up by tho manag ers, separately from other returns, and directed to tho President of the Senate and Speaker of the House of Representatives, andjtranamitted to bin Excellency tho Governor, or the person exercising tho dutios of Governor, for the timo being, who shall, without opening tho said ro- turns, cause the samo to be laid before tho Sen ate, on the day after tho two houses shall have been organized; and they shall be transmitted by tho Senate to tho House of Representatives. The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of tho Senato and tho Speaker of tho House of Representatives shall open and publish the returns in the presenco of the General Assembly; and tho person liaviDg tho majority of tho whole numbor of votes given shall bo declared duly elected Governor of this State; but if no person have such ma jority, then from tho two persons having the highest nnmber of votes; who shall bo in life, and shall not decline an eleetion at tho time ap pointed for tbo Legislature to elect, the General Assembly shall immediately elect a Governor viva voce; and in aU coses of election of a Gov ernor by the General Assembly, a majority of thovotesof the members present shall be ne cessary for a choice. Contested elections shall be determined by both bonses of tho General Assembly, in such manner as shall be prescribed by law. - ’ I am aware of the claim that these provisions do not apply to special elections to fill unex pired terms; since it is contended the power to provide by law for filling suoh terms includes the mode by which the resnlt of those elections shall be ascertained and disclosed. Bat noth ing i3 more clear to my mind than that all parts of tho Constitution are to bo considered together—that no part thereof is to bo ignored. It will hardly be contended that this power to provide by law for filling unexpired terms is to bo construed a3 though it stood alono. May the General Assembly, in the exercise of this power, say who shall vote at tho election ? Who shonld be eligible to tho office ? Who shall open the returns, declare tho resnlt and decide the controversy if there be no majority, or if the election be contested ? It seems to me that the clause conferring the power to provide by law for filling unexpired terms by special election, is to be read and un derstood with this qualification—that the Gen eral Assembly, in the exercise of the power, is to be restrained and conteracted by any other part of the Constitution applicable to the mat ter. As the Constitntion fixes the qualifications of voters, the eligibility of candidates and tho mode of transmitting and opening the returns and declaring tbe result; as it provides that the person elected shall haye a majority of tho votea cast; and what shall happeH if no one re ceives thf-t majority; and also provides what body shall decide the controversy, if there bo a contested election. As all theso things are provided for in detail in the Constitution, and are, by the express words nsed, declared to ap ply to every election for Governor, it is a very unfair construction to say that they apply only to the regular quadrennial election, and not to the special elections to bo provided for by law for filling unexpired terms. The true rale of construction wonld bo, as I think, that every provision in this paragraph not positively inconsistent with the clause au thorizing the General Assembly to provide by law for tilling unexpired terms, is intended to apply to the case of special elections. There is the same necessity for all provisions in one ease as in the other, and I can see no reason for them in tho case of a general election that does not apply equally to special elections. In this way only can all parts of the Consti tution be made to stand. The paragraph I have quotod reqniros tho returuB of every election to be transmitted to the Senato on tbo next day after tho organiza tion of the two houses. The two houses are organized twice in every four years—once with the incoming regularly, elected Governor, and once two years thereafter. A special election may be held and the returns transmitted to the Senate as provided by tho Constitution, on the next day after the two bouses shall have been organized, only if the vacancy shall happen during tho first two years of the quadrennial term. Here is a solemn provision of the Con stitution. What right has any ono to say that it is to be ignored, especially in a case in which it can be obeyed to the letter, and the power to provide by law for filling nnexpired terms still exist. True, tho power will be much restricted, as it will be confined only to such unexpired terms as happen within the first two years of the quadrennial term. But if tho Constitution can bo obeyed in no other way, tho conclusion is irresistible that snch was the intention of the framers of that instrument. A brief sketch of the history of tbis clause for filling unexpired terms, will indicate that this was tho probable meaning of thoso who in troduced it. % The Gubernatorial term had long been but two years. Tho mode of making the returns, declaring the resnlt, etc., was a part of the old Constitution and was in harmony with the term of offico proscribed. It harmonized with the election, and meeting, and organization of the General Assembly. Under provious Constitu tions there was no power to provide by law for filling nnexpired terms by a special election. The term being but two years, it wa3 not thought necessary to have an election in case of a vacancy. Tho Constitntion of 1868 extended the term to fonr years, and this clause was added, no change beiDg made in the mode of transmitting and opening tbo returns for the simple reason that it was not intended there should be a spe cial election unless the vacancy occurred within tho first two years of the quadrennial term, so tl a 1 ; the returns could be transmitted to the Senate on the next day after tho organization of the two Houses, elected at tho end of two years from the commencement of the quadrennial’ term. There was, too, an obvious propriety in hav ing this limitation of the power granted to stand. For, whilst there was great reason for having a special election by tho people, if tbe vacancy occurred daring the first two years, there was bnt little reason for it if tbe vacancy ocourred during tho lart two. Bosides, in one case the vacancy could bo filled, the returns opened, the result declared, and tho Governor elect inaugurated at tho meeting of the General Assembly at tbe regular timo, whilst, in the other case, a special session of the Legislature, with all its attendant expenses, wotild be nec essary. This brings me to an objection Jo the bill based upon the great expense necessary for its execution. The regular election for a Governor occurs under the Constitution on the Tuesday after the first Monday in November next, less than a year from the time fixed by this bill for this eleotion. Should the election contemplated by this bill take place, tbe returns can hardly bo made before the first day of January, 1872, which leaves only about ten months for the Governor to be elected to servo. It does not become me to say that the duties of tho office can bo as well performed by the present inenmbent, bnt it cannot escape the reflection of any man that the expense of the election, and more especially the expense of a special session of the Legislature to receive the returns, declare the resnlt, and inaugurate the new Governor, will bo a large item and ought only be incurred for some very necessary and pressing exigency. Should tho present session be protraotod till that time, it cannot be done at a less expense than one hundred thousand dollars, and should it adjourn to meet again, say by the second Monday in January, the expense of mileage and pay of members and officers for the extra ses sion cannot be less than ono hundred and fifty thousand dollars, if the extra session continue only for a few days, whiohis not at all probable. To incur so great an expense in the present embarrassed condition of the finances of the State, for the single purpose of changing for a few months, the incumbent of the Executive chair, might, it is true, under some cirenm- stances, be a publio necessity; but I may be pardoned for saying that, in my judgment, such a necessity does not now exist. In looking more closely into the bill nnder consideration, I perceive that it is based entirely upon the idea I have endeavored to combat. It takes for granted that tbe detailed provisions of the Constitution for making, transmitting, opening and counting the returns, etc., do not apply to speoial elections, and the bill therefore purporis to provide for said details by enaoting that such proceedings shall be had as is provided in article four, section ono, paragraph three of tbe Constitntion in case of a regular election for Governor. I assume that this provision would not have been in the bill unless the General Assembly was fally satisfied that these provisions of the Constitution did not apply to the caso of a special election; and that withont a special adoption or re-enactment of them for a speoial election, there would bo no law at all to pro vide for the case. I prosent for your considera tion another objection to tbe bill presented for my signature. By some straDgo mistake, only noticed by myself since the body of this message was written, and therefore too late to call atten tion to it in time for its remedy, it will be seen that tho reference in the bill is to article four, section one, paragraph three of the Con stitution. That paragraph provides, not for making, transmitting and oponing the returns and declaring the result, but fixes who shall be ineligible to office. If this bill were to bo signed by mo, the ano malous case would presont itself of a law to elect a Governor with no provision for a tribunal to open tho returns, declare the result and an nounce the same. Should article 4, section 1, paragraph 2, of the Constitution, apply to the case, the law wonld.be that the returbs are to be transmitted to the Senate on the day after the two Honses shall have been organized. This it is impossible to do, as the two Honses cannot be organized until after the Tuesday after the first Monday in November, 1872, at which time the regular quadrennial election for Governor takes place. For these reasons I refuse to sanction the bill and respectfally return it Benjamin Conley, Governor. Foreign Notes. prepared for the telegraph and messenger, There is little news from France. Gambetta is moving again to the front. He made a very sensible speech at St. Quentin, which, by its moderate tone, has produced an excellent ef fect. He said that no danger at present men aced the existence of the republic, bnt reforms were necessary to confirm it, and the people should seo that legislation to that end be not kept back too long in tho National Assembly. Tho citizens should take a more active and practical interest in political affairs, and make their influence felt in the government of the country. To give their power its legitimate effect, he advocated the formation of a national republican party, and set forth a detailed plan of organization, resembling in many respects tho American system. According to the London Standard, the nego tiations between the British and French gov ernments for modifying the commercial treaty, have been broken off. Nineteen of the prisoners accused of being accomplices in the murder of Generals Thomas and Lecompte, have been found guilty. Eight of them will suffer the penalty of death, the remainder various terms of imprisonment. The French army is rapidly being reorgan ized. Imitating the German modei, it will be divided into army corps, which will hold the most important strategical positions of the country. Tho Republio is as intolerent to the press as the Empire. Two papers, the L’aviner and Le Pays, have been suspended for printing arti cles insulting to the Government. Tho first Roman Catholic mission ever sent from England has sailed from London. It con sists of four priests, who will labor exclusively among the colored poople of tho United States. Previous to their departure Archbishop Manning; told them that the mission had been established; by tbe Church in England because tbis country had imposed slavery on America, and it was fitting that Englishmen shonld be tbe first to movo for the amelioration of tho condition of the newly emancipated race. A subscription for the widow and daughter of Mark Lemon, late editor of the Fnncli,” has been opened in London. The celebrated library of Baron Kirkup, of Florence, will bo sold at anction in London in December next. Besides many rare literary treasures, it contains a great number of valuable Dante editions, six manuscripts among them. The German Reichstag is still debating the coinage bilL A proposition to place the image of the Emperor upon all tbe now coins instead of thoso of the Princes of the respective con federate States, was defeated by a considerable majority. There is no greater enemy to German unity than the ultra-montane party in Bavaria, whose sentiments find expression in their two organs, “Vaterland” and “Volksbote." Revenge on Prussia and a French alliance are the leading topics of theso papers. Only recently the one spoke joyfully of tho moment, when France would be strong enough to undertake a war of revengo. In view of these foots the Bavarian representative in the Upper Chamber or Federal Council has prepared a bill, aiming at tbe legal prosecution of clergymen engaged in unpatriotio intriguea As the Bohemian Landtag has refuspd to send delegates to the Beichsrath in Vienna, tho Austrian Government has deoided that the deputies shall be elected by direct votes of the people. Before taking this step, the Vienna Cabinet made a final effort by sending Baron von Kellersperg, head of the new Cis-Leither ministry, and formerly Governor of Bohemia, to Prague for tho purpose of convincing the members of the Provincial diet that r was for the interest of Bohemia to be represented in the Austrian Reichsrath. This mission entire ly failed. Count Beust, the late Chancellor of tho Em pire, has addressed a formal circular to the Diplomatic agents of the Austro-Hungarian monarchy abroad, Btating that bis resignation waa not based upon any political grounds, but upon roasons of a purely personal character. Spain is in danger of relapsing again into an archy. Strikes are increasing throughout the land in an alarming manner. Tho Crown, in reply to tho vote of the Cortes, demanding a permanent session, has prorogued the assembly nntil February, 1872. Only a few days before tbe ministers, with a nnmber of deputies, bad waited upon the King to present their congratu lations on the first anniversary of his accession to the Spanish throne. Amades, in retnrn, as sured them of his patriotism and devotion to tho task of recovering for Spain her position among the powers of Europe, and restoring na tional industry and prosperity. It i3 considered a conciliatory step of the Holy See towards Italy that the Pope has con sented to the consecration of the Church of St. Snaire in Paris, which ceremony he had inter dicted because the building is the private prop erty of Victor Emanuel. The States General of the Netherlands have abolished the Dutchembassy at the Papal Court, thus acknowledging that the Pope ha3 ceased to bo a temporal sovereign. Life and property continue very insecure in Sicily and Sardina. In the latter a band of an hundred armed men recently surrounded a little city for tho purpose of plundering the publio exchequer. The Government is at a serious less how to put a stop to such outrages, and has appointed a commissioner to inquire into the causes of tho deplorable condition of tbo Island. Sella, tho Minister of Finance, being compelled to cover a deficit of twenty-seven millions, is thinking of proposing increased taxation. The Russian government, though prosecuting with great vigor tho task of Russifying all for eign nationalities within its vast domain, had treated tho German provinces on the Baltio more leniently than any other part of tho Em pire. A late ukase, however, has ordered the introduction of the Russian language for all public decrees in tho courts and churches. At the same time tho seat of the time-honored Uni versity of Dorpat has been transferred to Wilna. This moment seems to indicate that no further exceptions will bo made in favor of the Baltic provinces. , Cholera is on tho increase in Constantinople. The Turkish government is steadily prosecuting tho task of re-organizing tho Empire by devel oping its resources and abolishing abus’es-in tbe public administration. A firman of the Saltan directs the Minister of public works to prepare for the construction of a well-planned net of railways over the country. Great ameliorations for the sake of facilitating communications are to be made by improving harbors and making rivers navigable. On his birthday, October 31st, the Sultan granted an amnesty to all political offenders who were banished previous to his ascension. The papers have published an official commu nication stating, that, by abolishing superfluous sinecures and expenditures, the government would annually save six million francs. Old de serving officials, however, shall receive pensions. The late Minister of War who committed enor mous frauds, has been degraded and banished. The Sultan will call all dishonest pnblio officers to account and has Bent'supervisors for that purpose into all provinces of the Empire. Jabno. Editorial Correspondence-' Savannah, November 21, 1871. The Industrial Association of Georgia began its first Exposition to-day, about two milos from the city, on the grounds formerly known as tho “old raeo track.” The several buildings are ample in size and convenient in their arrangement and location. On the noith side of the enclosure an elegant flower garden, about an acre in extent, has been tastily laid out and planted in part, with flowers and exotics. When these attain their full growth, this will bo a unique and pleasing feature in fntnre exhibitions. In the centre of tbis area a fanciful summer honse or bower bas been erected, which will be provided with seat3, and when covered with vines and creep ers will present a tempting retreat to the weary visitor. To the eye of the up countryman this whole region is fall of interest. Tho dead level of tho country—the majestic live oaks and other ever greens—the gray moss festooning the forest trees—the -traditions and legends connected with Oglethorpe, the Aborigines and Moravian settlers, all conspire to awaken inquiry and en list the sympathies of the antiquarian. Hard by this spot still flow the sparkling waters of tho Jasper Spring, where the gallant Sergeant resoned the helpless prisoners from a British prison; and within one short mile, the remains* of the Spring Hill redoubt may still be traced, near which the gallant Count Pulaski poured forth his heart’s blood in defence of his adopted country. As yet the exposition is unfinished and in complete—numerous entries were made to day, and the several exhibitors are still busily engaged in decorating their stands, and display ing to best advantage the articles and wares they represent. It wonld be hardly fair at this early stage to classify, or attempt any ennmeration of tbe sev eral divisions of tbe fair. To-morrow the ar- langements will be well nigh completed, and then we hope to particularize. We are constrained to mention, however, the splendid array of frnits and tropical productions entered by Mr. L. A. Hardee, of Jacksonville, Fla. Luscious strawberries an inch in diameter, lemons, bananas, limes, oranges, cncnmbers, squashes, snap beans, egg plants, sugar cane, syrup, and other garden vegetables in'the high eat perfection were on exhibition by tbis en terprising gentleman. Truly, ours is a great country, covering the products of temperate and torrid zones, and offering rare inducements to the impoverished emigrant from Europe. In the afternoon a trotting match came off, bnt your correspondent saw bnt one heat, which was won by “Rip Rap,” and cannot give tbe resnlt in time for the mail. A large crowd is expected to-night. In haste, H. H. J. Savannah, November 22d, 1871. A heavy shower last night exhausted the clouds, and the morn dawned serene and clear with a cool and bracing breeze from the north. Soon the joyous snnshine illuminated the semi- tropical landscape, and all felt ihat the Fair wonld be a success, if perfeot weather and an exhilirating atmosphere conld avail any thing. The hotels are well filled, bnt we hear no cause of complaint from any source for lack of accommodation. The committees of reception have discharged their dnties faithfully, and every visitor is provided with comfortable quar ters. The Pulaski Honse, that ancient and favorite resort of the fashionable world, still maintains its prestige, and in its cuisine, sleeping apart ments, and general management, will take even rank with the best hotels of New York. The crowd at the Fair Grounds to-day is immense. A living, moving mass of humani ty, throng the halls, and swarm abont the en ticing side shows, which sre represented by voluble orators, whose throats of brass never tire in expatiating upon the wonders which may be seen under tbe magio folds of impene trable canvass, for the consideration of fifty cents. The Press are well cared for, and nnder the ohaperouage of EstUl, of the Morning News, want for neither solids, fluids, or any other addenda, to make it the tine and legitimate exponent of the progress and prosperity of Georgia. In passing, we cannot fail also to mention Mr. Belisario, the able master of cere monies, who caters for the hnogry thousands who come to the Fair, not only to see, bnt to enjoy the substantial delicacies which earth, forest and ocean are taxed to famish for the gratification of the popular tastes. This prince of caterers, piles alp upon alps of his Thun derbolt oysters, raised from the seed, and ready for the knife and cayenne vinegar of the consumer, and all who fancy bivalves, in their original jnices, will flock to the grand stand and take at least a “dozen on the shell.” At 12 m. Hon. Julian Hartridge delivered the inaugural address of the Georgia Industrial As sociation, in the principal hall of exhibition. The distinguished ex-Member of Congress was peculiarly happy in his remarks, and exploded to the satisfaction of all the false impression that Savannah was no part of Georgia, but was antagonistic to her interests. He claimed that tbe Industrial Association was not local in its character, bnt was designed to develop and pro mote tbe welfare of the entire State. It is high time that the ridiculous quasi opposition be tween the up country and low country should cease. Georgia’s principal seaport is the entre pot of her imports and the true medium of her commerce with the world. As such all should unite in her support. Lack of timo and space will not allow of any special mention of the numerous useful aud at tractive articles on exhibition to-day. Your cor respondent will endeavor to be more explicit in bis next communication. Weather coft and clear. «H. H. J. Reply or J. A, Ansley. Editors Telegraph and Messenger: Someone styling himself “Member,” in your paper of the 19th, accuses me of misrepresenting the facts and doing Mr. Speaker Smith injustice in say ing “I believed he conferred the chairmanship only on two south o f Macon ont of the twenty- four standing committees. Mr. “Member,” after rummaging along the eastern borders of Georgia up the Savannah River, has joined Effingham and Chatham, who have been hon ored with chairs by his friend Mr. Smith. These are naturally enough identified with East ern and Middle Georgia, although south of an east and west line through Maeon, yet territo- rily allied with Eastern Georgia and connected with that line of railway running through the State to Mr. Smith’s own town. I cannot see how they can be said to belong to Southern or Southwestern Georgia. Echols does, bnt I nsed the term “I believed” so as to include any other crumb Mr. Smith had given ns which I might inadvertently overlook (meaning no reflection upon the appointees.) So, therefore, we have one from Southwestern Georgia out of the twenty-four, and we think Southwestern Geor gia is some considerable more than l-24th of the State; and if the gentleman wants to be exact, and thinks that Effingham and Chatham are allied with Southern Georgia, according to his own estimate it will make only five ont of tho iwentyfour for nearly half of the State. Now considering that the Speaker himself is from tho middle belt of the State, has cot, in all candor, this portion of the Stato been greatly discriminated against in these appointments? This is no small matter in these days of 1 egisla- tivo rings. The tax-payers haven’t so soon for gotten tho opera house ring, Mitchell property ring and other rings, which so mnch infested the last Legislature. I don’t say Mr. Smith is connected with the ring, as was not in Atlanta—his friends say not. His reputation has been inch os to indicate that he would not. Prominent gentlemen coming from Atlanta after the organization, think tho ring is omnipotent, and that the organization was tho planning of the ring. Mr. “Member” says I have done Mr. Smith injustice. Now suppose we have a nomination for Governor by a convention of the people, through their dele gates, as has been the time-honored enstom, so that this ring, if there is any, cannot have the controlling power, will Mr. Smith think he has been overlooked from Sonthern and South western Georgia, if he only gets recognized to the extenthe Recognized us ? whether it be two, three or five votes he gets. And if Southwest ern Georgia will do her whole dnty—come up manfully to the work—and only give Mr. Smith one vote, for his ono chair, I will feel that no very serious injustice has been done him. J. A. Ansley. Americas, November 22, 1871. Even George Wilkes, of the New York Spirit of the Times, indulges in a vicious fling at Grant and Sickles. In a note to the New York World, dated the 4th instant, he says: Yon misconceived the purpose of my visit to General Butler, on Sunday morning last, in sup posing that it was to make roundabout applica tion for the post of Spain, or for any other post in the sale of the admiristration * * ** I have never held office, and am not seeking any, and I think you will agree with me that,‘having kept my hands clean of patronage till now, it would be a strange ambition- to be yearning for the shoes of suoh a man as Sickles. From Dooly Editon Telegraph and Messenger • v per is eagerly sought after and read R Pi - county. I can’t well see what we without it. True, there are other coos ^ in the State, bnt none, in our opining 15 comes quite up to yours; and then it 3 are so sound. P 01 ^ A certain justice of tho peace in thr- gions, it’s said, swears witnesses in his conV* 1 the Telegraph and Messengib, declarin .v 08 although there may be some slight errors they are not intentional, and that if a ~-}H will come as near the truth as it dcca’ court, “if she know3 herself,” can eivT. rect decision. fa a The cotton crop with us is very sorry 0. ly half an average. It is claimed by min™* - we will make enough corn to take us Qom Potatoes, pinders, peas and sugar ryZT®' “bully;” better than usual. So you see * 1,1 all right on the “Department of the Intti* - : (of man and beast.) What has become of Bullock and his rogues? The Legislature should neversbv their investigations until thoy have eirS and punished every scamp that has been s*'-? ing from the publio crib; and if cverv' 8 * in that General Assembly, which is rTi 8 of the 14th district, it would" be done". uS? on this subject let them spare none. I iT heard from very good authority that there *2 in tho last Legislature a combination f 0 ,z! by Bullock, with some twenty or thirty of e leading members of the Legislature, and ih! combination, or “ring,” passed Bnllotk’j S and resolutions by which hestole, aedhe divSl with them. These same persons, it was ay were appointed on committees to investS alleged stealing, and as a matter of courser)-* conld find any. About half this comb matin), “ring” were eleoted as Democrats, boastedd their Democracy then, and are yet, cases, regarded as “simon pure.” Don’t teHri that any of these men were genuine Deniocnb True, they sailed under Democratio colors b at heart they were Radical scoundrels. Weva them all to be made to “puke up” their illJ* ten gain. '"1 I understand some of this “ring" httiUa re-elected, bnt others have retired from pj^ life, and occasionally make five or ten thomsd dollar trades, whereas before they Vent totit Legislature they had never been known tj have one half of these amounts. Oat upoafi such Radical affiliating Democrats. IVfo stealing comes jast as natural to a Radical a rooting to a hog. An intelligent and relink gentleman has shown me a statement pnblisV by some indignant citizens of Houston cm showing how the Radical sheriff of that coin has fleeced the citizens out of their wonev si says that in passing throngh Perry he haul 1 lawyer (one whom I know to be an ornan;:- to the bar, and a perfect gentleman), say ih he bad partially investigated the matter, that in his opinion the scallawags hod "Si- locked” the people of Houston county osif between twelve and fifteen thousand dol&s We couldn’t stand such a3 that here. Welc;- to seo the day when a gentleman shall fi'J£ place onee honored by Jenkins, Cobb, Car- ford, Tronp, eta, and lately dishonored k Bullock. I will write again. Pinewook, When Shonld they be Elected? Amebicus, Ga., November 21,18711 Editors Telegraph and Messenger : As Cel seems to be some difference of opinion in retl tion as when the election of tbe Ordinwisl and all other connty officers of this Stato, shoil take place, according to the general law inreil tion thereto, etc., 1 wish to call yonr atfeciil to the general law as I understand and read;i:l relation to the time of said election. First,bl reference to the ordinance of theconventicc:l ISOS, adopted on tho 10th of March, IS rl which it was ordained that an election shcihl bo held, beginning on the 20th of April, l&l eta, for voting on the ratification of tbe Cal stitntion, for eleotion of Governor, memberssl the Legislature, members of Congress, : .:i l| other officers to bo elected, eto.; and the per l sons so elected or appointed should enter qal the duties of their several offices, and ebEtl continue in said offices till the regular snares? I provided for after the year IStiS, etc. An:nI tide 5, section 5 of the Constitntion, patsai:l adopted by said convention, says that the Cr:-1 naries of this Istato shall bold their c£S:e;::| the term of fonr years, eto., and article 9cta| sa,mo Constitution says that all other count: d I fleers shall hold tESir offices for two yeans I From this I understand the ordinance or bill mean that the first regular election for (BI nary, after the one provided for by said c jits I tion, shall or should take place on tbe isl Wednesday in Jannary, 1872, and I come to ti l conclusion from the reading of the 1346 seo.:l of the revised code of Georgia, which says thuttil Ordinaries are elected on the first Wedisl day in January nest, proceeding the of their commissions, eto. Aud as to '-.-I other connty officers, article 9th of the sail constitution, says that all connty ofiucars sbtl hold their offices for two years, etc. X.v. i-I not the term of office of all those elected:! April, 1868, expire in January, 1870, acc:r:-| ing to the ordinance above referred to, r now, does not tbe term of office of all tk elected last December, expire in Jannary, 1: j and should not an election be held on the i Wednesday in January next, for all 1 officers? I conclnde that there shonld be e election held at that time for all connty off and I come to this conclusion from the resi of the 1347 section of the revised Code of C gia, which says: Clerks of the-SuperiorC •Sheriffs, eto., are elected on the same day 1 month (meaning first Wednesday in Jama? I next preceeding the expiration of their c.aj missions. This matter, I think, should -f tho attention of the present Legislature, ski hope the Judiciary Committee will lookintour subject, and if necessary, bring a bill the Legislature to have the election oM county officers take place on the first Wee - * day in January, 1872. Yours, etc., Enquirer (After the Li*/ A Darwinian Illustration.—The folk* strange story is related by a New Zealand s respondent of a San Francisco paper, inf port of the Darwinian theory of man’s d£=^ Tho person thus singularly nursed is said m one of the present members of the and Legislature. His early life was sp*fl the wilds of South Africa. When a mere i’> he was one day laid peacefully at “ door of his woodland home. His w°k-J> _ rent, near tho cabin, shot the large monkey, at which the feelings c* affectionate mamma were, of course, -v;| wounded. She was, however, driven the approaching hunter, and in cabin door, notioed and stole the fats* vl Zealand legislator. The loss was net j-1 for nearly an hour afterward, and L %. I efforts to find the robber proved urn'll Three months after this period a hnnik:f.^l came across a family of monkeys in the ness, and there, in tho arms of the ^'Ajl though untutored wet nurse, was the child, who chattered and jibbered in approved monkey fashion, apparent^ ■ equal to the exigencies of the situation, correspondent wants to know whether conld bo any more convincing evidenc this of the affinity between our race ana hairy denizens of the woods?” T^e Central City.”—We havo ru- from Brother Willis M. Russell, the pr of a now weekly paper, to be estabjs® him at Albany, Georgia, and cuk Central City," the first numbor of whi appear 3d of Jannary, 1872. Long ( has proven the ability of Mr. Hassell^ 3 '. interesting and valuable newspap^’ J to U3 he is unlucky in naming ^ T »oto the State? That won’t *>• J the connty? worse still. Albany tral as to a good cotton growing region (i j boundaries are vague, aud besides u Central City” is a term appliad to common consent, as very near the 6°°S oentre of Georgia. Try some otter friend Russell. The Graphic.—Brown & Go* splendid illustrated paper regularly- e number is one of the finest we hare se _ engravings are, by odds, the best any paper of a similar character, any* I -Harper’s Magazine.—Brown A the Deoember issue of this popular It is an unusually good number, ^ cles on almost every subject coming ^ - range of such publications. All cnttAil fchA Attractive table of L seems tral as