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Georgia Journal & Messenger,
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A .«. H«iF.ai .t ori ,
s. itosr., J
nation al demock atic ticket.
koii i*m>roi.\T.
HOKATIO SEYMOUR,
OK NEW YORK.
FOH \ IC'K I*RESIIIE»VT,
FRANCIS P. BLAIR,
OK MISSOURI.
SATURDAY. JULY 11, 1868.
THU PLVTFOHM.
We publish the Platform, adopted by
the New York Convention, in full this
morning. It lias the ring of pure steel in
it. It is the greatest State paper of the
country. We admire it for its hold and
manly stand upon the great political ques
tions of the day. There is no evasion, no
heating about the hush, hut it walks right
up to the Radical monster and throttles it.
The position of the party is clearly de
fined upon the great questions of currency
and upon the reconstruction of the Union.
That is the best plan in the world to fight
a political or any other battle. Seymour
and Rlair come before the American peo
ple and ask their votes standing upon this
platform. There need he no mistaking
their position.
the dk.viouh \ti«' platform.
[The following is a full report of the
Platform adopted by the Democratic Na
tional Convention at New York :]
The Democratic party, in National Con
vention assembled, reposing its trust in
the Intelligence, patriotism and discrimi
nating justice of the people; standing
upon the Constitution as the foundation
and limitation of the powers of the Gov
eminent and the guarantee of the liberties
of the citizen ; and recognizing the ques
tions of slavery and secession as having
been settled for all time to come by the
war or the voluntary action of the South
ern States in Constitutional Convention
assembled, and never to he renewed or re
agitated, do, with the return of peace, de
mand,
1. Immediate restoration of all the
States to their rights in the Union under
the Constitution uucl civil government of
the American people.
2. Amnesty for all past political offenses,
and the regulation of tlie elective fran
chise in the States by their citizens, and
paymentof tiie public debt of the United
States as rapidly as practicable.
3. AH money drawn from the people by
taxation except so much as is requisite for
tiie necessities of the Government, eco
nomically administered, should he hon
estly applied to such payment, and where
the obligations of the Government do not
expressly state upou (heir face, or the law
under which they were issued does not
provide, that they shall be paid in coin,
they ought in right aud justice to he paid
in the lawful money of the United States.
4. Eqaul taxation of every species of
properly according to its real value, inclu
ding Upveruument bonds and other public
securities.
5. One currency for the Government and
people, tiie laborer and the office-holder,
the pensioner and the soldiers, the produ
cer and the bond-holder.
6. Economy in the administration of
tiie government; tie reduction of the
standing army and navy; the abolishment
of the Freedmeu’s Bureau and ail political
instrumentalities designed to secure negro
supremacy; simplification of the system
and the discontinuance of inquisitorial
hoards for assessing and collecting inter
nal revenue, so that the burden of taxation
may lie equalized ami lessened; the credit
of the government and the currency made
good ; the repeal of all enactments for en
rolling the State militia into national forces
in lime of peace; a tariff for revenue upon
foreign imports, and such equal taxation
under the internal revenue laws as will
afford incidental protection to domestic
manufactures, and as will, without im
pairing the revenue, impose the least bur
den upon and best promote and encourage
tiie great industrial interests of tiie coun
try.
7. Reform of abuses in tiie Amlnistra
tiou. the expulsion of corrupt men from
offices, the abrogation of useless offices,
the restoration of rightful authority to,
and the independenceof theExecutiveaud
Judicial departments of the Government,
tiie subordination of tiie military to the
civil power to the end that the usurpa
tions of Congres aud the despotism of the
sword may cease.
8. Equal rights and protection for natu
ralized and native horn citizens at home
aud abroad ; an assertion of American na
tionality, which shall command the re
spect of foreign powers, and furnish an
example and encouragement to people
struggling for national integrity, consti
tutional liberty and individual rights, and
the maintenance of tiie rights of natural
ized citizens against the absolute doctrine
of immutable allegiance, and the claims
of foreign powers to punish them for al
leged crime committed beyond their juris
diction.
In demanding these measures and re
forms wo arraign the Radical party for its
disregard of right, and the unparalleled op
pression and tyranny which have marked
its career, after the most solemn and unan
imous pledge of both houses of Congress
to prosecute the war exclusively for the
maintenance of the government and the
preservation of the Union under the Con
stitution.
It lias repeatedly violated that most sa
cred pledge under which was Vailied that
noble volunteer army which carried our
llag to victory.
Instead of restoring the Union, it lias so
far as in its power dissolved it, and sub
jected ten States in time of peace to milita
ry despotism and negro supremacy.
it has nullified there tiie right of trial by
jury-
It has abolished the habeas corpus, that
most sacred writ of liberty.
It tuts over tli row n the freedom of speech
and the press.
it has substituted arbitrary seizures and
arrests, and military trials aud secret Star
Chamber inquisitions, for constitutional
tribunals.
It has disregarded in time of peace the
right of the people to be tree from search
and seizures.
It has entered the post and telegraph
ottices, and even the private rooms of in
ihvtduiiis, and seized their private papers
i . r rs ’«^ l,hout a ">' specification or
notice ot affidavit, as required by the or
ganic law. J
i*i l T 11 ' s >’ sle, u of spies and
official espionage to which no eonstitu
tlonal monarchy of Europe would now
dme to resort
It has abolished the right of appeal on
important constitutional questions to the
bupreme Judiciary tribunal, and threatens
to curtail or destroy its original jurisdic
tion, which is irrevocably vested bv the 1
Constitution, while the learned Chief Jus i
tice has been subjected to the most atn> '
cions calumnies, merely because he would 1
not prostitute his high office to the su p
port of the false ami partisan charges pre
ferred against the President.
its corruption ami extravagance have
exceeded anything known in history, and
by its frauds and monopolies it lias nearly
doubled the burden of debt created during
the war.
It has stripped the President of bis con
stitutional power of appointment, even of
liis own cabinet.
Under its repeated assaults the pillars of
the Government are rocking on their base,
and should it succeed in November next
and inaugurate its President, we will meet
as a subjected aud conquered people amid
the ruins of liberty ami the scattered frag
ments of the Constitution ; and we do de
clare and resolve that ever since the peo
ple of the United Hl ates threw off all sub
lection L* the British Crown, the privilege
bud trust of suffrage have belonged to the
several States, and have been granted, reg
ulated and controlled exclusively by the
political power of each State respectively,
and any attempt by Congress, on any pre
text whatever, to deprive any state of this
right, or interfere with this exercise, is a
llagrant usurpation of power which can
find no warrant iu the Constitution, and,
if sanctioned by the people, will subvert
our form of government, aud can only end
in a single centralized, consolidated gov
eminent, in which the separate existence
of the States will be entirely absorbed, and
an unqualified despotism be established
in place of a Federal Union of equal
States.
That we regard the reconstruction acts
of Congress, so-called, as usurpations, un
constitutional, revolutionary ami void, aud
that our soldiers aud sailors who carried
the llag of our country to victory against
a most gallant and determined foe, must
ever be gratefully remembered, and all the
guarantees given in their favor must he
faithfully carried into execution.
’Rhat tiie public lands should be dis
tributed widely among the people, ami
should be disposed of either Ruder the pre
emption or homestead laws,and sold iu rea
sonable quantities, and lo none but act
ual occupants at the minimum price us
established by tiie Government. When
grants of the public lands may be allowed,
necessary for the encouragement of im
portant public improvements, tiie pro
ceeds of the sales of sucli lands and not
tiie lands themselves should be so applied.
That the President of the United Btates,
Andrew Johnson, in exercising the power
of his high office in resisting tiie aggres
sions of Congress on tiie constitutional
rights of the States ami tiie people, is en -
titled to the gratitude of the whole Ameri
can people, and on behalf of the Demo
cratic party we tender him our thanks for
liis patriotic efforts iu that regard.
Upon this platform tiie Democratic
party appeal to every patriot, inoludingall
the conservative element and all who de
sire to support tiie Constitution and restore
the Union, forgetting till past differences
of opinion, to unite with us in tiie present
great struggle for the liberties of the peo
ple, and that to all such, to whatever party
they may have heretofore belonged, we
extend the right hand of fellowship, aud
hail all such co-operating with us as
friends and brothers.
GEORGIA iTeGISLATURE.
Atlanta, Ga., July 9.
SENATE.
Benate met at 10 o’clock, pursuant to
adjournment. President iu the chair.
Prayer by Rev. Mr. Ketchum.
The roll w t us called.
It was announced that Mr. Brock, Sen
ator from the 38th district, was present
and waiting to take his seat.
Mr. NUNN ALLY would suggest wheth
er or no the Senate was acting under tiie
Constitution of Georgia iu regard to ad
ministering the oath.
The CHAIR said that the Senate was
acting under the laws of the United States.
Mr. BROCK then presented himself and
took the oath.
The Journal of yesterday was read, aud
after some slight amendments it was ap
proved.
AARON ALPEORIA BRADLEY rose
and claimed the floor.
Mr. HOLCOMBE moved a point of order,
that reconsideration was first in order.
The CHAIR decided it was, and said
the Senator from the Ist district could
then proceed.
A motion was made on the Radical side
of the house to reconsider so much of yes
terday’s proceedings as relate to eligibility,
and the same be referred to the Committee
on Privileges and Elections.
There was a motiou to lay the question
reconsidered, on the table for the present,
which also prevailed, and tiie CHAIR de
cided that Aaron Alpeoria had the floor.
Aaron quickly “come to time.” He pro
ceeded at some leugth in his usual style..
The “pressure” first seemed to lie a point
of law iu connection with eligibility. He
remarked that‘he was a lawyer, and that
he ought to be; be had gone tliro’tiie
“severest course of training” any man ever
had, or ever would, in this country or any
oilier. He had commenced as early as
1840, aud “ought to know a thing or two.”
Mr. HOLCOMBE here raised a point of
order.
The CHAIR notified the Senator that
he was digressiug. Aaron said “only a
few preliminaries.”
The OH Alß—The gentleman will please
make his “preliminaries brief as jiossi
ble ”
He again proceeded, dwelling at some
leugth on the greatness of “Our Country,”
the happy change effected by the result of
the rebellion, aud the perfect harmony
which now prevailed between the two dis
tinct races.
He quoted from Scripture, and compared
the present happy domestic relations be
tween black and white to tiie “lion and
lamb lying down together.” [\Ve take it
that Aaron considered himself the lion,
although an inferior species of that noble
beast.] He then dwelt on Roman history
—or, rather, gave the Senate the benefit of
many ancient worthies—among them the
valiant Hannibal. He cited (Scripture
again) the case of tiie man who went
down to Jericho and fell among thieves,
evidently intending to convey the idea
that tiie man was “snubbed” by the Priest,
who was a white man, while the good Sa
maritan, who cared for him, was a negro.
He compared the Southern people to Pha
raoh and his host. Their foiiy had been a
great blessing to bis race. Aaron, every
now aud then, was called to order, but, as
usual, quickly apologized aud asked for
bearance. He got off several little jokes,
again reminded the Senate of his talent,
how he had cultivated it, and tiuaily sub
sided, to the apparent relief of many mem
bers of both parties, and especially the
President.
T. G CAMPBELL, sr., (negro), from
the Second District, then gained the floor.
The reverend gentleman, though full of
the deep importance of the issue pending,
started out mildly and with some show of
caution. He wished to argue the justice
of tliis course—the eligibility of himself
aud colleagues. Mr. Bradley had argued
the legality of their rights. He appealed
to the hearts of members ; wished them to
thoroughly weigh tiie importance of har
mony, and the great evil to result from
discrimination. He presented himself
with all the advantages of public sympa
thy—the natural result of the change
which had taken place. It behooved him
to look alter the interest of his own race.
He was opposed to bringing into the Sen
ate political discussions ; but this much lie
would say, that for thirty-nine years he
had been unable to put his foot on an inch
of Northern soil, unless lie had been born
there- They might oust him from this
Senate, hut he would cling Lo them —the
people from the Rio Grande to the Rocky
Mountains should know of their conduct.
People in glass houses should not throw
stones. He cautioned the Senate to w-eigh
well what they were going to do. lie
finally concluded by adverting to the dis
tinctiou now made on railroads, steam
boats, aud elsewhere, aud said the iaws of
tiie country gave no protection to his race.
Their privileges were now greatly cur
tailed. He hoped gentlemen would act
without prejudice*deal fairly with him
self and his friends whose eligibility was
in question for investigation. He hoped
the resolution would be expunged. He
woultl move.—(Here he stated that lie de
sired to hear from others, and would cease
to speak further.)
Mr. BROCK (Rad ) called for the read
ing of the resolution. Read.
The motiou to lay on the table was with
drawn.
A motiou was then made to adjourn, |
which was withdrawn.
Mr. ADKINS, of the 19th district, then
proceeded to address tiie Seuute. He was
opposed to any distinction on account of
color. Humanity and every noble feeling
should actuate men not to discriminate.
The time had not yet come for the lion
and the lamb to lie down together; but
lie hoped it would soon be ushered in.
The calamities predicted by the Demo
cratic party did not exist—“ they ain’t
auywbar.” Tiie country is progressing
and will continue to do so. He felt for
the colored Senators ; was willing that the
bill should be expunged, postponed, ta
bled, or anything else, so that the negro
Senators might be permitted to retain !
their seats.
Mr. BROCK, from the 38th, having the !
floor, proceeded to explain his position. j
He should vote for the Government w hich j
j gave him protection ; was opposed to dis
crimination;' wanted the investigation j
! conducted according to the laws of tiie j
! Government and the Constitution. He ■
suggested that the question be submitted j
to a oonuuitteeuppoiuted by the President, i
In ibis way it could be easily settled, and |
prevent much unnecessary discussion, j
lie had been a former member of the i
Legislature for four sessions ; was a mein- !
tier when an attempt was made to impose |
au unjust taxation upon tiie colored race. :
lie fought against it; lie would stand up I
for the same principle now. He was for
peace and harmony ; hoped that the whole
matter would he refered to a committee.
A discussion arose as to whether tiie me
morial could properly he acted upon by
the Senate, or whether it was a matter for
Gen. Meade’s decision. It relates to fraud
ulent election-
GEORGIA JOURNAL AND MESSENGER.
A motion w’as then made to lay the me
morial on the table. On the vote a divi
sion was called for, and resulted yeas 18,
nays 17.
A. motion was then made to adjourn.
The PRESIDENT said a eomnniuica
lion from tiie Governor was expected at
12 o’clock, and hoped tiie motion to ad
journ would be withdrawn, which ‘was
done.
A motion then prevailed to take a recess
of fifteen minutes.
The time haying elapsed, the Senate was
again called to order, when, having noth
ing from the Governor, the Senute ad
journed tiL 10 a. m. to-morrow..
HOUSE Os REPRESENTATIVES.
Thursday, July 9, 1868.
House met at 10 o'clock—Speaker Mc-
Whorter in tiie chair.
Prayer by Rev. \V. M. Crumley, and the
roll called.
Proceedings of previous day read aud
confirmed.
Two new members presented them
selves at the Speaker’s desk and werequal
itied, His Honor John Collier administer
ing the oath. Names of new members,
M. Fineannou, of Rabun, and E. M.
Smith, of Charlton.
Mr. PHILLIPS, Chairman of the Com
mittee to prepare rules for the House,
made a minority report.
Majority report-on tiie same was read.
[The minority report adopted the lules
which governed the House of Represents
tives in 1865, and designated “Jefferson’s l
Manual” as the proper reference in ques- j
tions or points where the rules of 1866 are j
not explicit. The majority report differed j
from that of the minority only In tiie se
lection of “'Cushing's Manual ” as the
proper reference.]
It was moved that the majority report
betaken tip and acted upon.
Mr. CALDWELL, of Troup, moved
that both reports, embracing the rules re
recommended by each, be printed and
made thespeeial order for to-morrow.
Mr. CRAWFORD, of Bartow, opposed
the motion on tiie score of economy.
Mr. O’NEAL, from Lowndes, favored
the motion, and while he wan uot insensi
ble to the question of economy, thought
they should be printed.
Air. BRYANT, of Richmond, favored
the motion to print.
Some unimportant discussion ensued
for ami against the motion to print both
reports and make them the special order
for to-morrow.
Mr. HALL, of Greene, offered as a sub
stitute that the rules of the Legislature of
1865, be adopted.
Mr. HUDSON, of Harris, moved that
the rules governing tiie House Os 1865 be
read.
This motion was adopted, and tiie Clerk
read the rules.
Mr. CALDWELL, of Troup, insisted
upon his motion to print, aud make the
matter the special order for to-morrow.
Mr. PHILLIPS, of Echols, opposed the
motion.
Mr. BRYANT, of Richmond, urged the
adoption of the motion to print, and have
the subject discussed to-morrow.
Mr. SCOTT, of Floyd, moved that the
rules as read, (rules of the House of 1865,)
be adopted.
Mr. BRYANT, of Richmoud, moved
that the whole matter be laid upou the ta
hie.
To decide the latter motion it was neces
sary to have tiie yeas and nays called,
which stood as follows: yeas 76; nays 90.
The motion, therefore, to lay on the table
was lost.
The motion of Mr. Scott, of Floyd, was
then taken up.
Mr. BRYANT, of Richmond, moved to
amend Mr. Scott’s motion by adoptiug tiie
rules of 1865, section by section.
Mr. SCOTT refused to accept the amend
ment of Mr. Bryant, on ttie ground of a
useless expenditure of time. It might
take two weeks to discuss eacli rule sepa
rately.
Mr. BRYANT wanted to know if he
had not tlie right to ask for a division.
The SPEAKER said that he had, but
the House would have to sustain it.
Mr. RICE, of Columbia, moved a re
commitment of the matter to the Commit
tee, for he was satisfied that they had not
given it tiie proper consideration.
Mr. CRAWFORD, of Bartow, said that
the rules of 1865 had governed the House
for many years, and could not be other
than satisfactory. He was opposed to re
commitment, for that had been already
voted down by the House refusing to lay
the subject over. He favored the motion
of Mr. Scott, of Floyd.
Mr. SHUMA'i E, of Whitfield, was op
posed t > re committing the two reports.
The rules of 180-5 were not born in a day',
hut were the result of mature deliberation.
Wise head- had made them, and they had
been found good enough. He moved the
1 adoption of Mr. Scott’s substitute.
| Mr. BRYANT, of Richmond, insisted
j upon re-committing the majority and rni
-1 nority reports.
Mr. HARPER, of Terrell, was in favor
lof adopting the rules of 186-5. He hoped
i the motion to re-commit would not pre
vail.
Mr. CALDWELL, of Troup, said that
he had discovered some things in the rules
j he wanted changed, and it was important
I that time should be had to make sucli
changes. There was no use in such haste,
aim moved for a re-commitment.
Mr. SCOTI’, of Floyd, said the commit
tee had been iu session, and if they did
uot agree then, was it likely that they
would agree to-morrow ? Would not the
same objections again arise? He insisted
upon ills motion.
The SPEAKER then put tiie question
of re committing tiie reports, when it was
found necessary to call the.yeas and nays
to decide. 'They stood as follows: Yeas
66, nays 0-5. '1 he question to re-coimnit
was therefore lost.
Mr. SHUMATE, of Whitfield, called
for tiie previous question, (Mr. Scott’s sub
stitute,) which motion was sustained by
tile House.
The SPEAKER then put the main
question, (Mr. .scott’s substitute.) and it
was adopted without further opposition.
Mr. Hall, of Glynn, offered a resolution
that 200 copies of the rules which gov
erned the House in 1865 be printed.
Adopted.
A resolution was offered that Jocks he
procured for the desk of each member;
which was amended by Mr.—,
that each member pay for his own lock.
Adopted us amended, amid considerable
laughter, the amendment coming from
and supported by tiie Democratic side of
the House.
The following was offered by Mr. W. M.
TUMLIN, of Randolph:
Whereas, The people of Georgia, im
poverished by waraud borne down by mis
fortune, are suffering under the onerous
burden of Federal aud State taxes; be it
Rkxolved, By the General Assembly now
convened, that it becomes the solemn duty
of the representatives of the people to
economize their own time and the people’s
money ; and to that end they should dis
pense with every office not absolutely
necessary for the civil government of the
State: that no new office shall be created ;
that the salaries of all present officers be
reduced to the lowest possible figures ; and
that the pay of the members be fixed at
tiieir actual necessary expense. Lost.
Mr. CALDWELL, of'Troup, offered a
resolution that in future the House should
meet at 16 A. m. and adjourn at 1 p. m.
Adopted.
Upon motion, the House adjourned to
10 o’clock to-morrow.
Atlanta, July 10, 1868.
SENATE.
Senate met at 10 o’clock, pursuant to
adjournment, and was called to order by
the President. Prayer by Rev. W. T.
Brantley, (2nd Baptist Church).
'The roll was called. The journal of
yesterday was read.
The Messenger announced a communi
cation from liis Excellency the Governor.
A motion that it he read.
A Senator suggested that action on the
journal of yesterday was first in order.
The journal was then declared confirm
ed, and the Secretary proceeded to read
the Governor’s communication, which
was in reference to the election of mem
bers of the Legislature aud State officers—
calling the attention of the Senate to the
provisions of the “14th article,” and
stating that their present legislation
could not t e legal until action was taken
thereon, and the Senate purged of ineligi
ble mem tiers.
Accompanying the Governor’s Message
was “General Orders No. 52, Headquarters
Third Military District,” which document
was read by the Secretary ; also, the act of
Congress in reference to the admission of
the Southern States.
Mr. CANDLER —A resolution provi
ding for ttie appointment of a committee
of seven to take into consideration tiie
Governor’s message.
The PRESIDENT decided that the res
olution wub out of order, aud the message
should be first taken up.
There was an appeal, aud the Chair was
sustained.
It was then moved to refer the message
to a committee of seven, which was car
ried.
Mr. BURNS wished to know whether
the Senate intended to abide by the rules
if not, they should lie laid on the table.
The CHAIR declared Mr. Burns out of
order.
Mr. CANDLER bad tiie lloor aud urged
immediate action on the question of eligi
bility. lie did not wish tiie President to
sit in judgment upon his own case; lie
was for a quick and thorough cleansing.
If members on his side were ineligible, he
wished them ejected, and that at mice
lle was opposed to delay; there were Sen
ators who seemed to desire it. The com
mittee to he appoiute<k*ie hoped would be
fairly appointed. *-■*'_**■* the Senate
to act at once— hdu¥*-and go to
work honestly and manfully in action
upon tiie message and accompanying doc
uments.
Mr. HUNGERFORD thought that the
Senator from the 34th district intended
his returnks for him.
Mr. CANDLER — 1 never thought oi
you. (laughter.)
Mr. HUNGERFORD then proceeded,
aud after strongly urgiug justice, honesty
and fair dealing in the action of all Sena
tors, he yielded to
Mr. W INN, who did not see the neces
sity for so much discussion. He under
stood the law did not allow the President
to decide on the subject, which ought to
be left to the Senate. He was here inter
rupted by Senators asking questions of tiie
Chair, ami took his seat.
Bevelal questions raised as to the
manner in which tiie Senate should pro
ceed to act on the Governor’s communica
tion, and during the discussion there was
much wrangling iu regard to poiuts of
order.
A member (Had.) moved to lay Mr. Can
dler’s resolution on the table.
The vote was a tie—the Chair voting
with the Republicans.
Mr. CANDLER then called for the yeas
and nays.
AARON A L PEORIA here roseaud sta
ted that. Cushing’s Manual did not allow
one-fifth to sustain a call for the yeas and
ouvh. ** .
He was at once seated by tiie Chair.
'The call then in order being made, stood:
yeas 21, nays 22.
Mr. NUNN ALLY called for the previ
ous question. Lisagreed to.
Wrangling again iu regard to points of
order. Several short speeches, and some
liglu sparring between the two parties.
Mr. HARRIS (Rad.) introduced a reso
lution, as a substitute, that the committee
appointed he authorized to send for per
sons and papers.
The PRESIDENT announced the com-
I niitteo to be: Harris, Welch, Caudler,
Higbee, Hicks, Adkins and Ntsbet.
Mr. HARRIS declined to serve and the
Chair appointed, instead, Mr. Smith, of
the 7th.
Mr. CANDLER wished the substitute
to liis resolution adopted, aud urged, iu a
few eloquent remarks, the immediate ac
tion of the committee on the matter to
come before them.
The “ irrepressible ” Aaron again
“showed himself standing.” He rose to a
question of privilege, and wished to know
| by whom the Senate was to be purged.
lie objected to a Confederate recruiting
! officer being on the committee—“old men
for council, young men for war.” The
committee you scud out from this Senate
must themselves be purged before they
can purge us. He tiere “biowed off,” and
tiie floor was taken by
Mr. SMITH (Rad.), 7th, who
wished the resolutions read, which being
done, he stated he was iu favor of the sub
stitute. Os course the committee would
require instructions from the Senate.
There seemed to be an impression on the
I opposite Bide of tiie House that his party
j were iuciined to act unfairly; but he
: wished it distinctly understood that his
i party (the Republican) knew their busi
, ue»s and their rights. He should abide
by the reconstruction iaws at ail hazards,
but was opposed to the expulsion of any
! eligible member.
Mr, HOLCOMBE (Detn.) could see no
necessity for all this wrangling, twisting
and screwing about who should constitute
the committee; but be thought it wrong
to appoint any man who entertained the
least doubt as to liis own eligibility. Hi»
party asked nothing more than simple
justice. “Do unto others as you would
have others do uuto you.” [Applause—
“Hear! hear!”]
Mr. ADKINS (Rep.) entertained the
most kindly feelings towards every Sena
tor. He wished to explain : he thought
tin; opposite party guilty of the inconsis
tencies with which Ids party were charged.
The difficulty was obviated by tbeautaaai
tute offered, and he would call the previ
ous question.
At the request of a Senator the call was
withdrawn.
Mr. BROCK offered a substitute.
AARON —Can a substitute be oflerel to
a substitute?
The CHAIR decided in the affirmalive.
Mr. ADKINS (Rad.) wasiu favor of the
first substitute, offered by the Seiator
from the 27th. He would call tiie pre
vious question—but, by request, withflrew
in favor of
CAMPBELL, (negro,) who wished the
substitute, just presented, read. It was
done, and-lie desired the number charged
to nine. He appealed to the Senators of
tiie Provisional Senate of Georgia to do
their duty in accordance with the Recon
struction and Supplemental Acts.
AAHON here again rose to a point of
order in reference to an amendment. Baid
t lie “Spring-traps” were coming; lieeould
see them. “Cushing’s Manual”—
Tlie CIIAIIt again called him to order,
and he prudently “descended.”
Mr. BROCK here withdrew his substi
tute, and
T. G. CAMPBELL, (negro,) said he had
nothing more to say.
Mr. HARRIS (Rep.) ottered a substi
tute for Mr. Candler's resolution.
The previous question being called, it
was sustained, it was the substitute of
Mr. Harris, which was, in substance, to
refer the eligibility of members to the com
mittee to whom had been referred the
Governor’s communication.
On a vote for its adoption, the yeas aud
nays were called for, which resulted—yeas
24, nays lb. !So the substitute was adopt
ed.
Mr. WINN wished to be relieved from
acting on tbe committee to investigate the
case of Bradley, which was consented to,
and Mr Anderson appointed in iiis stead.
A memorial from Mr. J. W. Landrum
was presented, contesting the seat of Mr.
John C. Richardson, which was received
and referred to the Committee on Privi
leges and Elections.
Mr. WELLBORN introduced a resolu
tion to send Mr. L. Carrington, Assistant
Clerk of the House, to Milledgeville for
public documents for the use of the Ben
ate. Adopted.
A. A. BRADLEY rose to a point of or
der, and was again rapped down.
After several motions, varied as to time,
the Kenate adjourned to 10 o’clock Monday
morning. ,
HOUSE OF REPRESENTATIVES.
Friday, July 10, 1868.
The House met at 12 o’clock M., pursu
ant to adjournment. Speaker McWhorter
in the Chair. Prayer by Rev. Wm, M.
Crumley. Roll called, and while the
proceedings of the previous day were be
ing read, a messenger, Mr. DeGraffeureid
private secretary to the Governor, entered
the House and said :
Mr. Speaker : X am directed by His Ex
cellency, the X’rovisional Governor to
transmit to this branch of the General
Assembly a communication in writing
with accompanying documents: b
Executive Office Provisional Governor i
State of Geohuia, ’ '
Atlanta, July t», 10(58, j
To l/u Senate and Uoim of {{tprexentatievs :
A joint committee of the General Assembly hav
ing informed me that an organization of the House
bail boen perfSctud by tbe election of officers the
fact was promptly communicated to the General
Commanding the district asking instructions
The following communication has this morning
been received, to which, with the Order No. 52 rie
ferred to, your careful attention is invited. (Here
read General Meade’s letter of the Bth and General
Order No. 52, April Otli, 1808.)
It will be observed that until proper measures
have been taken and been perfected to ascertain
the eligibility of each Senator, member and offi
cer, no legal act can be done by your body • only
such as are qualified living legal Senators mem
bers or officers. In view of the foregone 1
would respectfully recommend that a committee
be appointed in each House for the investigation
of the tu ts. Under the act of Congress which be
comes a law June 25th, 1808, no person is ~ii„ible
who, previous to the rebellion, held an office’and
took an official oath to support the Constitution of
the United btates, and afterwards gave aid or
comfort to the enemies of the United States un
less such person shall have been relieved of’that
disability by act of Congress, and a eir,.f.,l in
vestigation should be made that the authorities
may be satisfied that the laws h.v 3 complFd
It will bo remembered that the question «« to
whether the Constitutional Amendment known as
Article l-l, is of force, docs not apply,
act of X ongress, under w hich you have been con
veued, specially fixes the qualification referred to.
tins act ot Congress is herewith transmitted In
General Order No. 24, from the Headquarters of
tlie Armies of the United States. 1 1
Huffs B. Buli.ock
Provisional Governor.
LETTER FROM GEN, MEADE.
Headquarter Third Military District, j
(Department of Georgia, Florida, mid Alabama,) r
Atlanta, July 8, I*oß. )
To Ills Excellency, K. B. Bullock—
Provisional Governofoi Georgia :
Governor— l have to aeknowi<?4*e the receipt of
your letter of tiiis date, advising me Unit you have
been officially informed that the two Houses of the
Legislature hud perfected their organization and
were awaiting any communication you might nave
to make, and that accordingly you referred to me
for instruction.
In reply, I beg leave to state that 1 have no in
structions to give you, further than to make
known, that in mv judgment, neither House is or
ganized legally until they have complied with the
requisitions of the Reconstruction Acts, and the
Act which became a law June 25th, I*6B, all of
which prohibit any one holding an "office under the
State who is excluded by section 3d of the Amend
ment to the Constitution know n as Article 14.
That this view is not a novel one with me and
does uot arise from any consideration, but .my de
sire to execute the laws, will be clearly seen, by
reference to the accompanying t.eneml Order No.
53, of April 6th, istiS, in winch 1 announced to the
people of Georgia, aud candidates for election, my
views of the eligibility of candidates under the laws
of Congress. It is not my purpose to dictate to
tire two Houses how or when they will apply this
test to the several members. Ordinarily each
House is undoubtedly the judge of the cjiialifk-a
tious of its members, but in view of the fact that
the Legislature, uutil the State is admitted, b.v
compliance, with the requirements of the Acts of
Congress, is only Provisional and subject to the
authority of the District Commander; and, in view
of the further fact, that it i,- my duty, so long as
Military (jovernment exists, to see that the law be.
faithfully executed, i feel constrained to say that 1
cannot recognize any act of ♦he Legislature as val
id, nor allow the same to be executed, until sgti»
factory evidence is produced that all persons exclu
ded by the Itlli Article are deprived of their seat
or offices iu both Houses.
You have been furnished from these Headquar
ters, for transmission to the respective Houses, the
documents in the eases of several members, whose
seats are contested on this ground, and there is,
doubtless, other information on the same subject.
My only object now is that you may communicate
these views to both Houses, leaving to each to take
such action as it may deem suitable and proper.
Very respectfully your obedient servant,
(lea (j. Meade,
Major General Commanding.
After the reading of the communication,
the following resolution was introduced by
Mr O’NEAL, of Lowndes:
Resolved, That there be u committee of
seven appointed by the House, whose duty
it shall be to proceed immediately to in
vestigate the case of each member of this
House, and report the facts in reierence to
tiie eligibility of each under the act of
Congress referred to in the message of his
Excellency, the Governor, and that said
eommittee have power to send for persons
aud papers, and to swear and lake evidence
of witnesses who, under the laws of this
State and of the United States, are compe
tent witnesses in civil oases.
Mr O’NEAL supported liis resolution
in remarks of some length.
Mr. TUMLIN, of Randolph, offered the
following as a substitute :
Resolved, That by the Constitution of
this State this House is the judge, and only
judge of the election, qualification and re
turn of its members.
2d. That in the opinion of this House,
by virtue of the provisions of the recon
struction acts of Congress, the members
were elected under the Constitution of this
State, and hold their offices respectively by
virtue of that instrument.
3d. That in the opinion of this House, it
was not competent for the Congress of' the
United States to enact a law after the elec
tion of this Legislature, defining the terms
upon which they hold their office; or to
proscribe tests for members which aic not
contained in the Constitution of this State.
Mr. PHILLIPS, of Echols, offered the
following substitute also :
Resolved, That a committee of nine be
appointed by the Speaker, ooe from each
Congressional District, and two from the
State at large, and that the Speaker ap
point on said committee four Democrats
and four Radicals, and that the chairman
of said committee be a conservative.
Capt. SCOTT, of Floyd, said the resolu
tion involved grave questions, affecting the
d<i>r\-t and most sacred rights of American
frn men, and should not be voted on hast
ily. ft was the gravest aud most important
question ever presented to the Georgia Leg
islature, and its solution would determine
whether we are free legislators, or whether
we are here to make laws fur the State uu
der coercion. ID buii«v»J il we were a
legal body, at all, (lie House bad the right
to determine the eligibility of its own mem
bers.
The body had been called together by a
proclamation of the Governor. We have
taken but one oath, and that was to support
the Constitution of the United States and
that of the State of Georgia. That he was
willing to do, aud would do to the best of
his ability The message of Gov. Bullock
required more of us. It forced us to do
certain things before we couid be recog
nized as a legal body. Before accepting
the terms offered the matter should be seri
ously considered. It was anew question so
far as that body was concerned.
The House had received no intimation
until the reading of the message as to what
course of policy it would foreshadow. Di
vers rumors, some startling in their nature,
as to what would be demanded, had been id
circulation. Rut up to this hour we have
been in darkness—enveloped in a cloud as to
what that message would contain.
The demands made were a departure from
the landmarks of our fathers and the Con
stitution they had made. lie had always
believed and still believed that the House
had the right to determine the qualifications
of its members, in its own way and in its
own time without restraint.
But the message just read stated that we
must do a certain thing before wc could be
recognized as a legal body.
He repeated that the question was new,
grave, important, and required serious reflec
tion before being acted upon, and that he
would therefore move a postponement of its
consideration until 10) o’clock Monday.
That he did uot make the motion in a par
tisan spirit, but in a spirit of candor.
This is simply the substance of Captain
Scott’s remarks.
Mr. SHUMATE, of Whitfield, moved as
an amendment to Mr. Scott’s motiou that
members be furnished with a copy of the
Governor’s communication, which Mr. S.
accepted.
Mr. O’NEAL, of Lowndes, insisted that
it was not) proper to postpone. It was no
new question, and gentlemen need not com
plain that they had not had time to consid
er it. His resolution was simply an initia
tory step—he hoped it would prevail—and
that the committee would be appointed.
Mr. HARPER, of Terrell, was in favor
of postponement; and in reply to the gen
tleman from Lowndes would say that the
question was anew one to this body, or to
a large part of it. To the gentleman from
Lowndes, perhaps the rule would not hold
good, for he, no doubt, had been admitted
to certain councils which some gentlemen
on this floor had not, and would uot be, if
they could.
Mr. HALL, of Meriwether, favored Mr.
O’Neal’s resolution, and hoped the eommit
tee would be appointed.
At this juncture a motion to adjourn was
made and lost.
Mr. RICE, of Columbia, was of the
opinion that the communication of his Ex
cellency demanded immediate action. He
wanted the matter of illegibility decided at
once. Would himself feel uneasy until it
was done Did not think it an issue sud
denly sprung. A necessity was upon the
body —it should be met.
Mr. SHUMATE of Whitfield, moved
that the whole matter be laid upon the ta
ble. Lost.
The resolution by Mr. O’Neal was cal'ed
for and read, when
Mr. GULLATT, of Fulton, offered as a
substitute for the whole that the Speaker
procure at once a judicial officer, and swear
every member of the House as to his eli
gibility.
Mr. SIMONS, of Chatham, (negro) edi
fied the House for some time in support of
Mr. O'Neal’s resolution, but before he got
through
Mr. TURNER, of Bibb, (negro) arose to
a point of order, and said that Mr. Simons’ j
remarks were not only out of order, but
were not of a character to produce harmony, '
but the Speaker decided that Mr. 8. should
go on —aud “go ou” he did until
Mr. BRYANT, of Richmond, arose aud
called “tho gentleman’’ to order, but Mr.
Simons couldn’t be stopped.
Mr. BRYANT, of Richmond, after Mr.
Simons (negro) had concluded, said that the
other side of the House was very economical
on yesterday, and to-day, if they were of
the same opinion, let the committee be ap
pointed. And further, that this body, not
being a legal one, could not legislate or do
anything that was legal.
Mr. SCOTT, of Floyd, in reply, inquired:
“What would the House do in the mean
time, or while the committee was at work,
for certainly it wonld be a herculean task,
and one that would consume from one to
three months.”
Mr. BRYANT replied, that all tire House
could do would bo to adjourn from day to
day until the work of the committee had
been completed.
Mr SCOTT answered that if the gentle
man lroui Richmond is correct, all the more
reason exists why the question under dis
cussion should be cautiously approached
Due time should be taken to properly con
sider the proper means of properly dispos
ing of a matter so very important.
Mr. CALDWELL,of Troup, trusted that
the matter would be properly arranged
He thought that the committee should be
heard.
Mr. PHILLIPS, of Echols, favored post
ponement until Monday next, in order that
a fair and candid investigation might be
had. 'Him was necessary fora question so
vastly important.
Mr SCOTT, of Floyd, wanted the mat
ter postponed till Monday, not in a.partisan
spirit, as gentlemen on the opposite side of
the House might charge, but solely for the
purpose of arriving at the proper course to
pursue with regard to the communication
of the Provisional Governor. The matter
should bj well entertained before action was
taken
Mr. CRAWFORD, of Bartow, did not
see bow a single committee could manage so
post humous a matter, and favored a post
ponement until Monday. This gentleman
supported his proposition by one of the most
sensible speeches of the session. He was
actuated by true conservative spirit, but
like “casting pearls before swine,” was
wholly lost upon the Radical side of the
House. Mr. Crawford was solicitous that
both sides should honestly enter upon the
work at haad, and bring about a proper so
lution to a nice question.
The previous question was called for by
Mr. Bryant.
Mr. O’Neal’s resolution was then pat
and adopted.
House adjourned.
SENATE.
Kah kuav, July 11, 188fe.
There was no session of the Senate to
day.
HOUSE OK REPRESENTATIVES.
The House met pursuant to adjourn
ment —Sneaker McWhorter In the Chair.
Prayer by 7 Rev. Win. M Crumley. Roll
called, and while the minutes of the pre
vious day were being read, ;as the Clerk
reached the resolution of Mr. O’Neal, as
adopted yesterday)—
Mr. PHILLIPS, of Echols, arose and
gave notice that he should move for a re
consideration of that resolution, which
motion was seconded by—
Mr. SLOTI\ of Floyd, who supported
tlio motion in a speech of about two hours.
Mr. ANDERSON, of Cobb, followed
Mr. Scott in remarks of ten minutes dura
tion favoring the motion of re-considera
tion.
Mr. I'.UYANT, of Richmond, followed
in opposition to the motion until the hour
of adjournment arrived, when the Speak
er’s hammer fell, and the House was de
clared adjourned until Monday morning,
at 10 o’cloek.
• From tin: Atlanta Intelligencer.
THE ASHBURN TRAGEDY.
IK HI. OF THE IIIU IIUIk I*HI-o\Flt-
NINTH DAV’fl rKOCKKDINOS.
THURSDAY, July !*, 18'iS.
The Commission met at the usual hour.
A portion of Miss Sheppard's testimony
was read over to her, when she made some
corrections.
The reporters uot having sufficient time
to transcribe their notes of yesterday’s
proceedings, Mr. Eugene Davis, the offi
ciui reporter, stated that fact to the Court.
A motion was made, after some exp a
natious had passed, to have the remaining
portion of the testimony read from the
short hand notes.
Mr. Davis slated that tile testimony,
when read to the witness, would be re;ui
from the record with much more perfec
tion, and as there were many reasons wiiy
short-hand notes could not be r< ad in that
way, he suggested to ihe Court that it
would he better to wait until the notes
weie transcribed.
Hull, A. H. Stephens suggested that the
notes were not the record, and that conse
quently it would not he the proper course
to pursue.
The PresideHt stated that the usual
course was to read the testimony for the
witness before leaving the stand.
Mr. Stephens said that that was the
course when long-hand notes were taken.
A member of the Court moved that the
remaining portion of the testimony be
read to the witness from Die short-hand
notes.
The Judge Advocate suggested that the
Court retire for deliberation.
Tile Court then retired, and after some
deliberation returned, when the Judge Ad
vocate stated that the motion was with
drawn
Miss Sheppard made the following cor
rections in that portion of the testimony
/which had been read to her; “She wished
'to say that she understood that Mr. Wil
liam Bedell had been arrested because he
was such a strong Democrat. By the word
“Yankees” she meant the Radicals—not
the Yaukees, because theie were some
Yankees, Democrats—because the Radicals
were strongly opposed to the Democrats.
In tho naming of the parties in the house
on the night of tile murder, she wanted to
introduce the name of Dr. Kirkseey.
When she went around at night to fasten
up the windows, she wanted to say that
her mother sometimes went around with
her, aud sometimes after her to see that she
had forgotton nothing.
Mr. Stephens made a motion which he
submitted in writing, to the effect that if
any witness either for the prosecution or
defense, should read the published reports
of the testimony, or allow auy person to
read it for them, or if t hey should converse
with each other in relation to any testimo
ny given on the trial, they should be held
guilty of contempt of Court.
The motion was laid over until to-mor
row.
The Court then adjourned until lOo’clock
a. in., to-moirow.
TENTH DAY’S PROCEEDINGS.
Friday, July 10th.
The Court met at the usual hour, when
the reading of the remaining portion of
Miss Sheppard’s testimony was proceed
ed with.
Corrections. —lt was either in Decern
her or January last ttiat Dr Kirkseey was
stopping at the hotel before coming to our
house to live.
Mr. Brown was about to ask a question,
but the Court thought it out of the regu
lar order of business to ask any questions
at that time.
A member of the Court stated that the
proper way would be to recall the witness.
The President requested that the ques
tion be reduced to writing and put to the
witness through the Court.
The question was then read.
Question—Has any one suggested to
you to make any corrections iu any part
of your testimony?
Answer —No one has suggested to me.
Question —As tlie corrections made hy
you refer in some points to where your
testimony does not agree fully with that
of your mother’s, have uot you and your
mother conversed about it?
Answer—No.
Question —Have you conversed with any
one about your testimony since it was
given ?
Answer —No
General Marshall stated that it would
he only fair that Counsel for the defense
should have the same privilege.
Counsel for the defense declined to ask
any questions.
TESTIMONY OF MRS. MOORE.
1 reside in Columbus, Ga. I live In the
suburbs in Winton. 1 have a father, a
mother, brother-in-law (Dr. K) sister,
brothers, and two cousins, living in the
same house with me. I remember the
night Ashburn was killed. I don’t know
the day of tt»a month. I remember it by
several of my family being sick. That
night f was very sick and next morning,
the servant came in and told me Ashburn
was killed. There were several others of
the family sick. My sister’s baby was
sick, my cousin was sick, and my little
brother. My brother had a toothache.
Dr. K’s. child was threatened with croup
I sent to Dr. K. by ray sister for a dose of
Morphine. I took the medicine, i did
not sleep any after if. I did not have any
conversation the next morning with him
about it. My room is the next room from
Dr. K’s. 1 could hear a noise from one
room to the other, but could not bear what
was said. The female members of my
family never slept alone. If Dr. K. went
out at night his wife never remained alone
She did uot go to any other room, but al
ways sent for some member of the family.
1 had not been asleep long before J sent
lor the medicine. 1 had a mere headache.
No one could have gone out of the house
that night w ithoul my knowledge, because
I could have heard the noise. Dr. K. did
not go out. lie spent some part of the
eveiHng in my room.
Cro-s Examined by Gov. Brow n.—l
don't know what lime it was when f ate
supper that night. We had no regular
hour. Our usual time was between 7 and
8 o’clock. I don't recollect whether we
took supper that night at the usual time.
1 was at the supper table with tho family.
Dr. K. was there. After supper I went to
my room, and Dr. K. came tln-re a few
moments after. I don’t know how long
he remained there —about an hour or
more. It was almost 10 o’clock win n lit*
left my r.jotn. lie went to his room. I
did not see him any more that night. 1
went to sleep about half an hour after he
left my room. 1 have no means of know
ing bow long I slept. My sister, wbo has
just been examined, was in the room with
me. She went there a few minutes after
supper. She stayed there about an hour
or more. She went to Dr. K.'s room from
mine. I don’t know how long she was
there. I next saw her in my room. That
was after I had been asleep. I called ber
to my room. She was in tbe adjoining
room. Her room join* mine and Dr K V
Siie was in tlie lower out*. That was her
room. I don’t know when she went from
Dr. K.’s room to her own. 1 don't know 7
whether site went through my room or
not. There is a dooi opens from my room
into my sister’s. There is a door opens
from each room to the pus-age. My door
was left partially open when I went to
sleep. I mean the doof iuto the hall.
Tlie door between her room and mine was
not closed when i called her. She re
mained in my room perhaps half an hour
after bringing the nieuicine. She then
went to he: room, and I did not see her
any more that night. My mother was in
Dr. K.’s room. 1 don't know what time
she left his room and went to her own. 1
don't know whether she went back to the
Doctor’s room or not. lam very easy to
wake at night. A person with shoes on
could not cioss tbe ball without waking
me, unless they should tread very easily
A person could not have opened a door or
window that night without waking me.
I did uot hear any door opened that night.
1 include the outer door as well as the
inner door. No person could Have called
tiiat night without waking me. I don’t
know what time of the night Dr. K.’s
child was taken sick. I don’t know what
time my mother went to bed that night.
, I did uot hear anything more of tier after
! I had returned. My cousin has been
! sleeping with my sister for the last six
t months. When I)r. K. was absent at
! night, my sister, Wooddie Sheppard, usu
| ally slept with his wife. I don’t recollect
: auy oilier member of the family sleeping
! with lier. ft was not possible that the
| window might have been raised and I>r.
K. gone out while I was asleep, without
: my Knowing it.
The reason w hy I am so particular about
that night is, that we were all particular in
| locating the membersof ourfamily.because
|of tbe military arrests, it is uot the habit
■ iu my family to do so, but we had uever
heard of arrests of the kind. 1 don’t re
| collect bearing of a gentleman being ar
i rested in Columbus. I did not suspect
! what Dr. Kirkseey was arrested for. 1
merely supposed that be was anested be
| cause he was a prominent Democrat, and
that they might arrest him iu connection
with Ashburn’* murder. I did not even
! suspect that he had connection with that
matter. I sup;*osed that when he was
arrested that the military supposed he
' was implicated iu tbe murder. 1 Jir-t
' supposed that he was suspect- and of being
connected with the murder when the mil
i itary brought I t here. \Ve did not know
i what lie wa- -led for. I heard of otii
jer arrests at, . that time. J supposed
j they were a rested because they were
! Democrats, for connection with tlie mur
j dor of Ashburn I thst commenced to
| think of locating the Doctor the evening of
his first arrest. My mother said she could
■ testify the Doctor was at home that night.
1 1 did not hear her in his room. J could
| hear the voices, but could not distinguish
i who they were. I didn’t hear any one
| call after 1 went to sleep, and I did not
! know where my mother was after that
time. I heard my mother saying she was
i in the room. All the family spoke about
; him. My sister Wooddie and mother par
| ticularly spoke about him. Sister said-lie
! was iu the room at the time they supposed
| Ashburn was killed. She said -lie had
. heard the chickens crowing, ami that it
j wasahout between twelve aud one o’clock.
; 1 said 1 supposed it was about that time.
I * opposed it was between those hours,
because tlie ehickens had crowed for mid
night, and it was after that time. We
didn’t try to locate him until after his ar
rest. There was nothing said In the fami
ly next day after A.’s death about locating
Irtm. T feel very confident that I ana not
mistaken iu that statement. We attemp
ted to loCite all the male members of the
family. We located the male members of
the family because they were arresting
gentleraep, and not women and children
There was no talk in the family about the
arrest of ladies and children. My broth
ers’names are Andrew and Albert. An
drew was in his room that night. We
knew he was in liis room because the door
j was open, ami he very seldom goes out at
night. He is Id years od. 1 did not sup-
I pose there was any danger of his arrest—l
did not know. He is older than Albert,
who is 14 years old. I did not have anv
fear of his arrest—l didn’t know. They
were too young to be leading Democrats.
I did not know, but I thought all who
were in favor of Democrats would bear
rested. I did not think cif locating my
father. Most of tlie talk was about lo
cating Dr. K. because he was arrested. We
commenced to locate him tlie evening
of his arrest. I don’t know what time it
was he was arrested. I think it was late
in the evening—about sor 0 o’clock. i
did not hear what he was arrested for. I
supposed that he was arrested because he
was a prominent Democrat. I did not
suppose so until tbe day after his arrest.
My mother, sisters, two cousins, and
myself and Mr. Winn were present at our
conversation. I don’t recollect if sister
Wooddie was present, f don’t remember
if she was ever present, when it was spoken
of. lam sure my mother was present, be
cause she was speaking of it herself. 1
don’t know who first mentioned the death
of A. in that conversation. We were all
speaking. I am sure my mother was
there then. When the servant told me
of A.’s death, i told the members of the
family I was the first to hearofit. Moth
er was in my room then. I was in the
hall. I told her of it. I dou’t know
whether my sister Wooddie was theie. She
was at home, but she spends her morn
ings in study. My brothers were at.school.
I mean by the other members of (lie fam
ily, those already named. It did not cre
ate any excitement in the family. We
were glad to hear of it. I don't recollect
about my brother’s joining in that ex
pression. At that time, Dr. K. had left for '
town, or somewhere, t saw him that eve- j
ning at ten. Hespokeof A.’s death, and j
said he regretted it, as it was so near the 1
election, and it would create excitement |
aim ng the negroes. The females were i
glad of his death, because he was a Radi
cal. The female members of our family
desire the death of all the Radicals. J
This question was objected to by the de
fence, but iu the meantime witness an
swered iu the affirmative.
Major Moses did not press tlie objection
Re-direct Examination. — l don’t
mean by a radical, a person merely differ
ing in political opinion from the Democrats
—I mean scalawag. I mean by scalawags, i
those who are trying to excite tlie negroes ■
against us. [Laughter.]
By Major Moses—Are you not apprehen
sive that the influence of that class of per
sons you call * cal a wags may excite an in
surrection in which women and children
may he killed, and is it not alone to this
class of persons you refer when you say
you wish they were all dead?
The Judge Advocate objected to this
question as irrelevant.
Major Moses wanted to show the state
of feeling existing among the people
The Judge Advocate pressed his objec-i
The President ordered tlie objection to
be reduced to writing.
Tlie court retired and returned after a
brief deliberation.
The Judge Advocate stated that the ob
jection was overruled, and that the ques
tion might be answered.
TESTIMONY OF EDWARD SHEPPARD.
lam aged Hi. J was at home tlie night
of tlie murder. I know I was at home,
because I had a toothache, and went to the
Doctor’s room to get some medicine, f
know it was the night of the murder, Ik .
cause the next morning when L went out
to go to school, i went down to see the
dead body. I got the medicine from Dr.
Kirkseey. 1 went lo sleep before morn
ing. I had not beeu a-deep before 1 took
tlie medicine. J went to bed about in
o’clock. W hen I went to bed I lay there
two hours and a half before going to Dr.
K.’s room.
Cross Examined.— Dr. K. has a hoi se
and buggy. His horse is white. He a
middle sized horse. I don’t kuow hi gt
The Dr. was practicing medicine. Tld -
the horse he drives regularly in hi- j re
tiee. Tbe buggy is a common one, w,, h t
top. 1 can't give auy other and scription .
it. It is tolerably new. lie u ~,t u Inn
he goes to town and baek. lb* uxoailv
goes to town and back every day. \\V
usually eat supper about 7or 8 o’clock, it
is not often at b. It in frequently Inn
as 8. I don't reeo leet what time I ate
supper that night. There was no om*
there but the fuinily. He did not go any
wltere after sup|* r. I don’t kuow what
time lie went to bed. My mother was in
ber room. 1 don’t know what time -he*
retired. She was up in the night after
she retired. I don't know how often, .-he
was up when 1 came to her room to -how
her the medicine. I had not been a-l<. p
before that; she put the medicine iu my
tooth. It was Morphine. After J went to
my room I did not hear anything more of
my that night. I don’t know how
lo ]/?','<■ re 1 got to my I >fll it W before 1
sleep. I tirst -aw Dr. K. next
t breakfast. I don’t ki.ow h-w
far room Was from tin* en
trance door. There are four window - in
the room. Two of them open to a pizza
1 don’t know whether the Doctor could
Have got through the window without u
hearing him. I heard of the death of A
next morning when I went to school, i
took breakfast before 1 left. I din n.
hear my mother or Airs. Moore speak of
it. 1 went to see tlie body because ail tin
boys were going down I first heard ti;
subject of hi* death discussed at home tiiat
night. Dr. I\. was at home that night. I
don't know that he was present w hen the
murder was spoken of. I dou’t know
what time it wres, It was at the table at
supper. Dr. I\. took supper with tin
family.
Question—Wbat was said in the family
about A.’s death at tiiat time w hen Dr. K.
was present aud in hearing?
Major Moses objected.
Governor Brown withdrew the question
and put it as follows:
Questiou—What was said there in tin
family about the necessity of locating Dr.
K. the night before?
Answer —They spoke of the arre-i of
Mr. Bedell and they said that they c >uld
prove that the Dr. was at home I spoke
of it ruy-elf. I meant I could prove he
was there the night A. was murdered. He
I may not have been there the first part of
the nightaftersupper. He might uot have
been there in tlie fore part of the night al
ter supper. He may hav e gone to see -om
of his patients; I don’t know. I don’t re
collect whether he went in his buggy, r
dou’t recollect what time he got back. ll*-
was in his room when 1 went ufter the
mediciue. I don’t know whether he went
or not, but he did sometimes go. He d< e
have many calls at night to see patients.
1 dou’t know exactly whether he had many
| calls about that time. He does have oah.-
| to see patients about once a week, or often
! er. That lias lieen the case all the ye ,
while lie was at home. He and his w;i<*
! boarded at the hotel in tlie first part of the
! year. I recollect that he has had frequent
j calls at night since their return from the
i hotel. We have some seveie dogs there.
‘They hark at persons who come there,
t No jiernoii can come into the yard after
| supper. lam not mistaken about his hav
! ing many calls. I don’t know where he
' was ftie night before Ashburn wa- killed,
t He was at home at supper. 1 don't know
, whether he went to meeting or not at
j nights. He went to Masonic meetings
’ J don’t know what time of the night lie
■ usually returned when he went out. It i
I easy to wake me when lam asleep. I
j don’t recollect having heard tlie dog,-, hark
- the night A was killed. They don't hmk
unless someone ,is about. They bark at
the slightest noise. They do not always
bark when a window is raised. 1 am not
generally awake late in the night. They
j sometimes wake me w hen mother is up in
[ Her room. The harking of tlie dog- awakes
| me. 1 hear mother rai-e the w indow, and
, they still bark. My sister Wooddie usual
y fastens the windows aud doors at night.
Mother goes with her sometimes, lo ledd
the eaud e. Mother sometimes attends to
it when sister is sick. She is not often sick.
She closed them the night A. was killed.
She went through my room to do ,-o. Fin*
goes all over the house. 1 don’t kuow
whether she closed them in I)r. K ’s room
that night or uot. She into the rnom
of the other members of the family. We
located Dr. K. because they were takinc
, up the Democrats, and we thought they
; might arrest him.
1 don’t know why they took them up,
unless they suppo-ed them to he connect
ed with the death of Ashburn. 1 don't
know how long after lire death of A. it w as
when he was tir-t arrested. There wa*
nothing said about locating any other
member of the family. I have a brother
older thau myself. There was nothing
; said in the family about locating him or
, me. I did uot kuow whether all the hem
ocrats would he arrested or not. I did not
! hear anything said about arresting \\ o
! men or children. I don't know whethei
I would have heard it or not, if it had
been said
By the Court—Did you have the tooth
ache before that night?
Auswer —1 had.
Question —Was your face swollen before
that night ? 4
Answer — It was not.
Question—How many days was youi
face swollen after that night?
Answer—About a day and a half.
Q uestion—(live the substance of all the
conversation of yourself and the family re
ferred to by you, about the time of thi* ar
rest, stating all that referred to the killing
of Ashburn.
Answer—They were talking about the
taking up of Bedell, and they thought
they would see if he had been at home.
Question —\Vhat was said about the kill
ing of Ashburn ?
Answer—l donft remember.
Question —What was said about the ar
rest of pai lies.
Answer—They were talking about tlie
murder of Ashburn and thought they
would take up every person they suspected
of being connected with the murder.
Question —Was it a front tooth that
acked ?
Answer —A front tooth.
Question —Have you had it pulled out?
Answer—No I have not had it pulled
out.
Questiou —Can you show the Court the
unsound tooth and the cavity in it?
Answer —Yes.
Witness here showed the tooth to Doc
tor Milhau, who is a member ofthe Court.
The Court then adjourned until lo A . m.
to-morrow.
eleventh day.
Court met pursuant to adjournment.
The testimony of Mrs. J. B. Moore and
of Edward Shepherd was read in their
hearing by the Judge Advocate, when
Mrs. Moore made the following correc
tions, to-wit: Instead of say ing occasion
ally, T meant to say that my sister, Mr.-.
Kirkseey, invariably sent for some mem
ber of the family, to come aud stay with
her when tlie Doctor was absent, i meant
to say tiiat we were not del ghted to hear
of the death of Radicals, only such men a*
Ashburn, who was trying to excite ne
groes to insurrection and deeds of violence
agaiust their former owners.
Edward Shepherd had no corrections to
make.
The record as amended, was then ap
proved.
Clifford Wynne sworn. By Mr. Mo-es,
for the defense.—l Lve in Banks county,
Ga. The night of A.’s murder, I wa
staying at Col. Shepherd’s. Col. Shep
herd’s family—no one else—was staying
in tlie house with me; my si-ier was
there; I know whether Dr. K. was at
home that night ; r had a sick headache,
and was awake nearly all night ; did not
hear any one come in or go out of the
house that night; three other members ■»!
tho family were sick, also, that night-
Mrs. Moore, Dr. Kirkseey's baby, and
Eddie Shepherd ; Eddie had toothache.
Dr K.’s baby the croup, Mrs. Moore a
nervous headache; i occupied the room
with Mrs. Moore.
By Gov. Brown, for the prosecution.—
What time of night did tlie family cat
supper that night?
Answer—Some time after dark, it was