Newspaper Page Text
Ten dollars per annum.
Five dollars for six mom Hr.
Two dollars and fifty cents for three mouths.
One dollar lor four months.
WEKKI.V.
Three dollars per annum.
One dollar and fifty cents for six months.
One dollar for four mouths.
J. W. BURKB & CO.
Georgia Journal & Messenger,
J. W. BI HHE «Jfc CO., Proprietors.
A. XV. HEP ME, i
8. HOSE, ) *-‘ ll,ors -
FRIDAY, AUG. 4, 1868.
NATIONAL DEMOCRATIC TICKET.
FOP PRESIDENT.
HORATIO SEYMOUR,
OF NEW YORK.
FOB VICE PRKHIIHfiNfT,
FRANCIS P. BLAIR,
or MISSOURI.
STATE ELECTOR XL TICKET.
FOR TUB STATE AT I.AROE
JOHN B. GORDON, „f Fulton.
JOHN T. CLARKE, of Randolph.
ALTERNATES :
W. T. WOFFORD, of Bartow.
THOS. M. NORWOOD, of Chatham.
FOR TUE CONORXBSIONAL DISTRICTS:
Ist District—J. C. NICHOLS, of Pierce.
Alternate —J. H. HUNTER, of Brooks.
3d District —CHARLES T. GOODE, of Sumter.
Alternate—WM.O. FLEMING, of Decatur.
3d District—R. J. MOSES, of Muscogee.
Alternate— W. O. TUGGLE, of Troup.
4th DEL|n:t—A. O. BACON, of Bihlc
* , Iklternute—ll. WIMtIEULI, Ctf Twljfes.
stll DlStnet — n. . ■« -
Alternate —D. M. Di ltuSE, of Wilkes.
6tli District—H. P. BELL, of Forsyth.
Alternate— G. McMILLAN, of Habersham.
7th District—J. D. WADDELL, of Cobb.
Alternate —V. A. GASKILL, of Fulton.
MißM'tl. TBKiCBBRI TO mi; NK.lto
LISTEN, BLACK MAN '.
We hope the vote, on Thursday, iu
tlie House of Representatives, at Atlanta,
will open the eyes of the negroes to the
real character and detestable meanness of
their white allies in Georgia. Out of fifty
three white Radicals in that body, only
twenty-three were found honest enough
aud brave enough to stand by them. The
other thirty dodged, or voted with the
Democrats for their expulsion. What
do you think of that, colored man ?
Without the votes of these thirty men,
who occupy their scats and draw nine
dollars a day by virtue of your votes,
the movement would have failed, and
the representatives of your color have
been in their seats this morning. It
is upon them that your indignation
should fall, not upon the Democrats.
The latter have not deceived you in this
matter. They have always declared that
you were, in the main, not only unfit to
hold office, but plaiuly ineligible under
the very Constitution your chosen repre
sentatives had framed in your interests.
These very representatives of yours in the
Convention refused, by a vote of 126 to 12,
to adopt the following section, which
would have set the matter at rest, aud
made your right unquestioned. Read it:
“Sec. 10. All qualified electors, and none
others, shall be eligible to any office iu this
Htate, unless disqualified by the Constitu
tion of tliis State, or by the Constitution
of the United States.”
Ashburn voted to strike tliis out, and so
did Adkins, and so did Joint Harris, of
Newton county, who may bo askiug you,
in a few days, for your votes to send him
to Congress. Now, who is to blame?
You may laugh ns to scorn, but what
we say to you is the truth, and time will
prove it: That your true friends, in the
long run, are the native horn, sure enough
white people of the Mouth. They have
never deceived you, and they never will.
They opposed your having a right
'xviihouf'linirTor qualification, and they
always will oppose it. They believe that
you have no right to hold office and make
laws for the tax payers of the country —at
least in your present condition. They gave
you fair warning tiiat if in their power,
legally aud constitutionally, you should
not retain places into which you had been
thrust to he tools for those who only cared
for you as they could use you against the
white people. They had uo concealments,
and they used none. Their tongues were
honest, and their action has proved it. If
they have done you, as you couceive, a
great injustice, they have giveu you fair
warning, at least.
Dare you still claim as much for your
white allies ? Hardly, unless an incurable
blindness has fallen upon you. They
vaunted themselves your special friends.
They harangued you, and armed you, and
made much of yon. They carried you to
the polls, aud your votes sent them to At
lanta and nine dollars a day, and now
they turn round and spit iu your face. You
are good enough to vote for them, but not
good enough to vote as legislators with
them. You have pulled the chestnuts out
of the fire, and now they tell you go hang
with your burned fingers. Stupids, will
you never learn anything ? Will even ex
perience, iu the shape of practical kicks
aud cuff's, fail to teach you on which side
your bread is realty buttered.
A LETTER FROM F. I*. 111. XIK.
A Radical Lie Nailed to the Wall.
Col. R. A. Alston recently wrote to Gen.
Blair, enclosing a copy of the “ Atlanta
New Era,” and referred the General to
the lines at the head of that paper, iu
which he quotes General Grant as saying
“Let us have peace,” and General Blair
as saying "Let us have war.” He receiv
ed the following letter in reply, which
will show the people how unblusliiugly
the Radical press persist iu falsehood, to
accomplish its wicked purpose of destroy
ing this Government.— Atlanta Constitu
tion, 28th.
Ft. Saunders, Wyoming Territory, )
August 18, 1868. (
(Jol. It A. A Mon, Atlanta, Ga —Dear
Sir: Your note in regard to the misrepre
sentation of the carpet-bag editor at At
lanta is received. This is the business for
which lie is paid and by which he makes
his living. 1 would not advise you or any
other gentleman to notice hiui in any
manner, except to correct, through the
press, any falshood which you may con
sider injurious to our cause.
I have never made any such statement
as he attributes to me. On the contrary,
lam for that policy which alone can give
peace to the country: and. although (len.
Grant says “Let us have peace,” ho seeks
to achieve it only by the military power
and actual war on the principles of the
Government. . Yours truly,
Frank P. Be air.
LETTER FROM HARNESYILLE.
Improvement's Going On.
Barnesvillk, Sept. Ist, 186s.
Editors Journal and Messenger:
I see in your issue of the 39th ult , a
statement of the improvements going on
at this place, in which your reporter
omitted the larger portion, for in addition
to the warehouse and the house contem
plated by Bwarts A Brown, Messrs. Smith
A Summers have nearly completed a line
brick shop at their Carriage Factory on
Zebu lon street, and J. C. McLean has the
frame of a fine residence on the same
street, 47x85 feet, with a brick basement,
aud also a brick store on the public square
in the course of erectiou, and Bwar's &
Brown and J. W. Elder are putting up
buildings on Thomastou street. All the
brick were made here, by Messrs. McLean
A Henson, and they have several hundred
thousand more brick on hand that will be
converted into waits this season. *
Correspondence of Journal and Messenger.
LETTER FROM PHILADELPHIA.
Philadelphia, Aug. 29,1868.
Editors Journal and Messenger :
As I am stopping a few days in the
Quaker City, allow me to write you a
short letter, telling
HOW' I GOT HERE, AND WHAT I SAW AND
HEARD.
1 left Atlanta on Saturday evening for
Nashville, on the State Road. Quite an
excitement on the road consequent on the
policy of new Superintendent. He is
death on free tickets. Makes his conduc
tors take them all up,except from railroad
men. He first excepted preachers, but the
last order is to take them too. It didn’t
affect your correspondent, as he bought a
through ticket to New York. I had the
choice of tweuty-five different routes, and
the sequel will show that I look the worst
of the twenty-five.
Having to stop on the road somewhere
for Sabbath, I got off at Cartersville, fifty
miles above Atlanta. This is a most flour
ishing town, and is destined to be one
of the best places of business in Upper
Georgia.
Monday night found us en route ior
Nashville in one of Pulman & Kimball’s
palace sleeping cars—slept just as well as
if I had been iu a hotel—and at day-light
I xvas in the city of Nashville. The peo
ple there are despondent. Brownlow and
the Legislature are seeking to bring out
the militia and thus involve trouble which
the Conservative men are seeking to avoid.
lam assured that if the Democracy had
they would Tennessee
predicting a Democratic victory in old
Tennessee.
I spent a day at Nashville and then
passed on to Louisville. Here I found eve
rything to encourage. Old Ken tuck will
increase her 90,000 Democratic majority
in November."
From Louisville I took the U. 8. mail
boat to Cincinnati. It is a splendid boat,
and w r e got on finely until we encountered
a dense fog which made it necessary to
tie up, which we did for several hours,
which caused us to miss connection at
Cincinnati. On the boat I bad a fine op
portunity to hear conversations on politi
cal subjects. Ido not exaggerate when I
say that out of a large number of passen
gers whom I heard talk, only one attempt
ed to ad vocate the cause of Grant and Col
fax. There were doubtless others, but
they were certainly not very enthusiastic,
for out of a knot of thirteen persons, my
self among the number, the single indivi
dual above alluded to, engaged an old gen
tleman from Memphis,Tenn.,in apassage
at arms for bis favorites. The old gentle
man soon wound him up, for lie knew
nothing about the points of the question,
his only argument being “the South are
rebels”—“the Nortli fought to put down
the rebellion and the Democratic party is
seeking to commence it anew.” He floun
dered under the heavy blows dealt by our
Democratic champion—but no one came
to the rescue, and I inferred from the
faces of all to whom I did not sjieak, that
of the thirteen he was the only one who
could say anything for Grant.
A gentleman from Texas told me he had
just parted witli Judge 8., of Indianapolis,
who assured him tiiat the Radicals would
not carry Indiana. He had made a speech
on a steamboat between Shreveport and
New Orleans for Seymour and Blair. The
friends of Grant put up a colored boy to
reply. The crew would not let him speak.
The next advocate of Grant was a one
eyed man, between Parkersburg and Graf
ton, on Baltimore aud Ohio Railroad. (I
was sorry lie couldn’t see more.) He took
up tlie.. cudgels, “War,” “Rebels,” etc.,
e-tG.', but lie had no one that sympathized
with him on the train, J undertook to
set him right ou some points, but it was
fruitless.
On the Baltimore and Ohio Railroad we
had quite a time of it. The road from
Parkersburg to Graftou is a one-horse
road, and we advise our friends never to
be as silly as I was, aud take that route.
We passed through twenty-nine tunnels,
and one of them had caved in day before,
and we had to wait till it was cleared.
This delayed us over two hours, and but
for the energy of the conductor, Mr. J. B.
Clayton, we should have missed another
connection. But we telegraphed train at
Grafton, aud we got iu in time to connect.
Will give you some more points in my
next. Suffice it to say everything is en
couraging for the Democracy. The people
here intend to have a change. Look out
for heavy majorities for Seymour aud
Blair, in November, from this country.
More anon, li.
LETTER EKOM COL. KILLK.Y
Perry, Ga., Bept. Ist, 1868.
Editors Journal and Messenger :
I am under obligation to an unknown
friend, disguised under the nom dcplume
of " Houston,” for a flattering notice of
myself in connection with the approach
ing candidacy for Congress for the Third
District, which was published in your
issue of yesterday.
May I ask the use of so much of your
columns as necessary to return thanks to
my friend for liis kind consideration, and
to add a word suggestive of my views for
the beuefit of others interested, who may
be of the same mind as “ Houston ?” ]
beg to assure all such that I am no aspi
rant for the position, or any other political
honor. One of our old writers gives as his
opinion that “ there are onlie two subjects
which are worthie the studie of a wise
man—i. e. religion and politics.”
I do not propose now to consider the
first. The same author further suggests:
“ Certaiu it is (hat too sedulously study
ing the second (politics) has frequently in
volved its votaries in many most tedious
and unprofitable disputes, and been tbe
source of much evil to many well-mean
ing aud honest men.” I find that my
author, above quoted, has well spoken my
sincere seutiments and feeling on the sub
ject. Yet, I would not despise tbe high
honor of representing so noble constituen
cy as the true friends of constitutional
government in the Third Congressional
District; and if it were possible that my
nomination could result in any good to
our common cause, I would not hesitate a
moment in accepting the caudidacy, not
withstanding our friend and co-laborer,
Mr. Peter YV. Alexander, (a man so worthy
and deserving,) was so badly beaten at the
last election by such a scalawag as Ed
wards.
I see also the name of that true patriot,
Col. Moses, of Columbus, favorably men
tioned for the same position by bis Musco
gee friends, and besides him, I have acer
tain knowledge that the Third Congress
ional District is not wanting in material,
good and true, for the emergency.
With this explanation, I trust my friend
“Houston,” will not insist on the use of
my name in this connection.
Then let us have a nomination accord
ing to usage, at an early day as possible,
that we may know tbe chosen candidate
of the District, aud will we all contribute
our mite to secure biselection. No mention
of my name in this connection, shall abate
the energy of “Old Houston” for the cho
sen nominee of tbe District, aud we intend
to turn up as good, if not better, majority
at next election than we did at the last.
I am, very respectfully,
Sam’i. D. Killen.
New Orleans has furnished “champion
heart-breakers” to tbe watering-places.
GEORGIA JOURN ALAND MESSENGER.
From the Atlanta Constitution.
GEORGIA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
AFTERNOON SESSION.
Wednesday Sept. 2—3 o’clock, v. m.
The House resumed the consideration
of the minority report on the eligibility of
colored members.
Mr. GARDNER, (colored) of Warren,
having the floor, proceeded with the re
mark that lie was sorrow that the ’clem
ency of de wedderdid not permits “whole
’teudence of de members of de Legislatur.”
He was a prayin’ man. He then proceed
ed to read his" credentials as a deacon of
the “African Methodist ’Piseopal Church,
Norf,” issued by a colored Bishop of that
denomination. I am, by de half of de
great majistic Jehovah, permitted to ’dress
you here to-day. Dat great friend of de
human race, Abrum Linkum, who now
sleeps in de grave, left for us a hedrilage
dat we lull. Wheu dese great New Nited
States was interrupted by de sovrin States
—wheu dese sovrin States of de Sous wif
drew from de New Nited States into seces
sion, it kicked up agreat muss in die coun
try. lam here to tell you of my eligibility
as a man.
Gineral Grant and Gineral Lee was
away over yonder ’bout Richmond wid
dere armies’posed to each other. After
awhile Gineral Grant had wound hisself
round Gineral Lee, and Gineral Lee had to
give up. [What’s that got to do with the
Siamese Twins?] And dat’s de reason I
’pear before you to-day. "I was born in a
woman dat could read her A Ji C's, I ri
collect when she fuss larnt me de differ
ence ’tween b and q and b agin.” He then
took up the Bible to prove tiiat “blood
was made by it,” and after quite a disser
tation on the human system, about “de
Lord breathin’ de brief of life in it,” said :
‘■And for dat reason, gemmen of do Legis
latur, I don’t know what color God Al
mighty j?*—" is the exact
language »“ ' 4^ l y s: %^ T
««» »»»«V/nies£Jited a as large as liiei
map of Nfercn AraeruCa as a protest.
Mr. HALL, of Glynn, offered a report
of Hie Committee appointed to visit the
public buildings at Miiledgeville, of which,
on motion, two hundred copies were or
dered printed.
Another negro took the floor and com
menced a jargon. [The reporter will here
state that he is—and no doubt the public
are—completely worried out and sick of
this intolerable outrage upon the people
of Georgia. We do not, and have not, re
ported these speeches as they were deliv
ered on account of any prejudice, but to
show the people of Georgia into what
hands their interests are being entrusted.]
PETER O’N KAL (colored) of Laid win,
rose and stated that he would like to be
represented by Mr. O’Neal, of Lowndes,
in bis defense.
Mr. ANDERSON asked if, under the
decision of tlie chair, a colored member
could be represented by a white member.
He thought that each colored member was
entitled to a hearing, but it was an abuse
of tlie liberality of this House to allow
them to be represented by white men.
rather than by themselves.
The CHAIR decided tiiat in the com
mencement of the discussion lie had made
his decision that colored meiutiers wete
entitled to a hearing, and tiiat they would
be allowed, if they saw proper, to select
any member to speak in their defense.
He did, however, expect at the time tiiat
there would be no abuse of tlie liberality
granted them, and tiiat his decision was
at any time reversible l>y the House.
Mr. ANDERSON then appealed from
tiiat decision, and, when put to a vote, it
was reversed.
[This is, we believe, tlie first instance
in whicifctbe decision of the Chair has
been reversed.]
The Clerk then proceeded to call tlie
names of ttie colored members as they ap
pear on tlie roll, aud each one, as his name
was cal led, rose and entered a protest.
On motion, tlie House adjourned to 9
o’clock tomorrow morning.
[Thequestion is now drawing gradually
to a close.]
SENATE
Thursday, September , 1868.
The Senate met at 9 o’clock. The Presi
dent in tlie Chair.
Prayer by Senator Smith of tlie 7th.
Tlie Journal was read aud approved.
Mr. HINTON moved to reconsider so
much of yesterday’s proceedings as relates
to the bill for the relief of Mrs. Margaret
W. Crew. Ho made tlie motion for the
purpose of amending the bill.
The previous question was called, and
the inplipu to reconsider was lost-
The Augusta bill was then taken up.
(Mr. Wooten iu tlie Chair.)
Mr. NUNNALLY having the floor,
said: I hope that tiiis will not be made a
party measure. It should be our object to
get au election that will suit the citizens
of tiiat city.
(lie commented very closely, pointing
out many objections!) e grounds.)
Mr. HIGBEE said tiiat there was a
priuter’s mistake in the bill.
Mr. NUNNALLY thought there was a
mistake in tlie author, and could not see
bow the gentleman could make sense by
correcting the mistake he proposed.
Mr. MERRILL. I think it is not right
to require a certificate of registration ; this
has been tried and found not to work well
in Augusta. He imd been informed while
this law was in force tiiat little boys had
been hired and given as much as ten dol
lars to slip tliis certificate from voters
while they slept. He was informed of
this recently, by citizens oi Augusta. [He
spoke in favor of Mr. Conley’s substitute.]
Mr. HINTON objected to tlie substi
tute offered by Mr. Conley. There is but
one single objection urged by the oppo
nents of the bill, offered by tlie Senator of
the 39th, that the bill requires a certificate
of registration. This then must indeed
be a very perfect bill, when its opponents
can find but one objection. 1 know in the
last election of a great number of legiti
mate voters who were denied the right to
vote. I know there was such a thing as
“sharp and quick.” By this certificate,
the voter can protect himself, he holds his
privilege in li is own hand, and there can
be no danger in cheating him out of it.
Tiiis certificate is a certain guarantee
against fraud.
Mr. BURNB. The hill offered by the
gentleman from the 39th js sanctioned by
the property holders of Augusta. There
is a petition here, signed by fifteen hun
dred of these citizens asking us to pass this
bill. Now, (Senators, this is a bill that
politics should have nothing to do with, it
should be our desire to give them an elec
tion, such as they desire. The bill meets
the rights of every class of voters in the
city. The bill ottered by the gentleman Is
a party roeasue. ,
Mr. HARRIS. I feel as much interested
as any one in the good of Augusta, it lias
been my place qf trade for a number of
years. IT the bill offered by tbe Senator
from the 39th meets the views of a majori
ty of the citizens of Augusta, I have been
misinformed, they want the election as
soon as possible.
Mr. HOLCOMBE. When the hill was
first talked of, the Senator from the 27th
(Mr. Harris,) said he would not vote for
it, because it proposed to bring on the elec
tion too soon ; now lie says the time is too
far off. F fear that the parly lash has been
applied to the Senator from the 27th, that
makes him so ready to now go directly
opposite to his former views. We are all
aware that under registration wo have
great frauds perpetrated. The gentleman
from the 27th knows that in his own dis
trict a number of voters’ names were
stricken from the registration list, and he
voted here against looking into said elec
tion. Frauds wili he perpetrated again
under the Senator’s bill of the 18th. The
advocates of this hill profess to be willing
to take the board suggested by our bill.
Yet no motion has been made to that ef
fect. We do not want voters from another
State to vote in our municipal elections;
this certificate would prevent it. It is well
knowu that a large number of our voters
ot the present day are like McPherson’s
sheep—all bald-faced—apd it js very hard
to identify them. He called the previous
question, which was sustained, and the
yeas aud nays required.
The vote was taken on Mr. Holcombe’s
substitute. Those voting in the affirma
tive were: Messrs. Anderson, Burns, Can
dler, Collier, Fain,Hinton,Holcombe, Jor
dan, Lester, McArthur, Moore, Nunnally,
Smith, of the 7th, Wellborn aud Winn.
Those voting in the negative were:
Messrs. Adkins, Bowers, Brock, Column,
Corbitt, Griffin, of the 6th, Griffin, of the
21st, Harris, Hicks, Higbee, Jones, Mer
rill, McWhorter, Sherman, Speer, String
er, Wallace and Welch—yeas 15 and
nay 18.
The vote was then taken on the substi
tute ottered by Mr. Conley, and the yeas
and nays required.
Those voting in the affirmative were:
Messrs. Adkius, Bowers, Brock, Colman,
Corbitt, Griffin, of the 6th, Harris, Hicks,
Higbee, Jones, Merrill, McWhorter, Sher
man, Speer, Stringer, Welch aud the
President.
Those voting in the negative were:
Messrs. Andrews, Burns, Candler, Collier,
Fain, Griffin, of the 21st, Hinton, Hol-
combe, Hungerford, Jordan, Lester, Mc-
Arthur, Moore, NunnajA Smith, of the
7th, Wallace, WellboruTmd Welch—yeas
17 and nays 18. #
The vote was then *ken on the House
bill and it was lost. T
On motion a message from the Governor
was taken up and read, iu regard to the
condition of tlie finances of tlie State.
Also a letter from tlie present Treasurer,
stating that there were no funds on hand,
aud waiting a the former
it be re
ferred to tlie Fitiuuce t sis-Amittee, whieli6 i
motion was agreed to.
The special order of tlie day was an
nounced, and on motion of Mr. Holcombe
the Air Line Railroad bill was taken up
aud read.
Mr. HOLCOMBE moved to amend the
House bill so as to require tlie road to run
by or near Gaiuesville. He spoke in favor
of tiiis amendment.
Mr. HOLCOMBE. There lias been
three routes surveyed for tlie Air Line
Railroad, one that makes an air-liue to
Anderson Court House, another tiiat goes
by way of Gainesville and a middle route.
My reason for asking tliis amendment is,
tiiat should tiiis road lie built by ttiese
routes, the people who live in Northeast
Georgia would fail to be so beuetltted un
less the road runs by the Gainesville route.
This route is twelve miles shorter than
either of Hie others.
Tlie amendments were adopted, and the
hill, as amended, passed, and was ordered
to he transmitted at once to the House for
concurrence in amendment. [This bill is
not tlie one granting aid to tlie Air-Line
Railroad, imt tlie one to amend its chat
ter.]
Mr. SPEER moved to suspend the rules
to take up a bill to incorporate tlie Nut
ting Banking Company, of Macon, Ga.
Tlie rules were suspended aud tlie bill
taken up. The report, of the committee
to. I'Ue Constitution requi
prtrn: t “‘MV WHr t called,
and rceei vTTi’g';uA* * t-Mmm
as l'eq uftWr
Mr. MeARTIHTiL A bill to give per
sons who furnish timber, and employes
of Steam Saw Mills, a lien on the Mill.
Bill read first time.
The following message was received
from the Governor: Mr. President—Tlie
Governor lias signed tlie following act, to
wit: an act to authorize the holding of
the Superior Courts, at the ensuing fall
term, and to provide juries therefor.
The following message was received
from tin; House: Mr. President-4 The
House of Representatives lias concurred in
Hie following resolution of tlie Senate, to
wit: A resolution requesting tlie Govern
or to prohibit armed and unlawful assem
blages, which I am directed to transmit
forthwith to tliis branch of the General
Assembly.
Mr. BROCK. A lull for tlie relief of A.
1,. Sutherland, of the county of Whitfield.
Read tlie first time.
Mr. SMITH, (of tlie 36t1i.) An act to
regulate judicial sales of real estate.
.Mr. NUNNALLY. A bill for the re
lief of persons whose lands were sold un
der tax fi fa’s for tlie year 1860 to 1885, in
elusive.
Mr. HINTON. A hill for the relief of
Margarette W. Cross, of tlie county of
Marion.
Mr. CANDLER. A bill to alter the line
between the cnutttjps of Henry and De-
Kalb, so as to include tlie residence of
John Calloway in the county of Henry.
Senate adjourned till 9 o’clock to-mor
roxv.
HOUSE OF REFRKSENTATIVKS.
Thursday,September 3,1868.
The House met pursuant to adjourn
ment and was called to order by the
Speaker.
Prayer by Rev. I)r. Jlrantly.
The Journals of yesterday were read
and confirmed.
The House then resumed tlie unfinished
business of yesterday, it being the eligi
bility of colored members.
Mr. TURNER (colored,) obtained Hie
floor, and requested that the House ex
tend the time in his favor.
Several propositions were then made
relative to the request, by different mem
bers, and finally
Mr. SHUMATE rose and said tiiat in
asmuch as the House had previously con
sented to give Turner as much time as he
desired, lie moved as a compromise to fix
some time, that he lie allowed two hours
for his defense. ’Tlie motion was agreed
to.
Mr. TURNER (colored,) then proceeded.
He Miiiii lie <li«l before Ihe
House to day to fawn or beg Hie question
—to beseech the members to retain him as
a member of this House—but tie appeared
before them to demand his rights in
thunderbolts as a freeman. Some colored
members iiad seen proper to fawn and
tiirow themselves, as it were, upon Hie
mercy of their enemies, but lie did not;
lie stood here as a defender of his rights ;
to hurl thunderbolts at Hie heads of his
enemies.
He admired a bold enemy, from what
ever source lie sprung. He had a high
regard for the valiant bearing of Messrs.
Scotland Tomlin, and for the editor of
The Constitution in tiiis city. They
are bold enemies—outspoken iu their sen
timents, and lie always knew how to take
them—they were not afraid to express
themselves.
He had carefully studied tlie human sys
tem—every artery, sinew and muscle—
and had found, upon tlie removal of Hie
black man's skin, there was no difference
discernible between the white and tlie
black. They were the same in construc
tion—differing only iu the color of Hie ski u.
How is it that color decides the political
status of man? it does not. Tim great
Jehovah, in iiis allwise providence, had
made a distinction in color, but not in tlie
political or social status of the human race.
The Democratic party holds that a colored
man is not entitled to hold office ou ac
count of his once having been a slave.
How, in the name of God, does that affect
or abridge the rights of the colored man
now ? Tlie Reconstruction acts of Con
gress declare that all men naturalized are
citizens of the United States. How are
you to get over this obstacle? I dare you
here, to-day, hi deny the proposition. He
theu proceeded to produce testimony from
tlie will of General Washington, that he,
on his death bed, had freed his slaves, and
it was a heritage left us that the institution
of slavery was dangerous to tlie liberties of
tbe American people. [The speaker then
entered up< n a wide discussion, quoting
from letters and speeches of Geuetal La
fayette, Thomas Jefferson aud others, in
support of his position.]
At tlie conclusion oi his speech, TURN
ER faced and addressed tlie colored mem
bers as follows: 1 tell you, my colored
friends, tlie white men are not to be trust
ed. They will betray you.
A motion was made and carried, to ex
tend the time allotted to Turner to tlie
hour of i djournment
Tlie special order of toiday was, on mo
tion, postponed to 11 o’clock ou Wednes
day next.
Tlie speaker proceeded- .If a war was
to break out to-morrow, ~I would use my
influence to prevent the colored man from
raising an arm in defence of Georgia. If
I happen to get killed in this campaign,
my colored friends, I tell you to-day never
to enter the ranks of warfare in defence
of Georgia. Don’t fight for a country that
refuses to recognize your rights as citizens.
If this Legislature turns us out, I will call
a Convention of colored men, and we will
send to the North for more carpet-baggers,
to Ireland for more Irishmen, in order to
regulate the Government of Georgia so far
as to mete out justice to the colored people
of this State. Black men, hold lip your
heads. Other men, in times past, have
been persecuted, and thank God, they have
arisen above the prejudices of their adver
saries. White men, stop your war upon
the black man. I will pull the silver veil
from off the face of Democracy when I
leave here, and will poison the black man
against its ignoble principles. This thing
means revolution. After we leave, tlie
next tiling will he to turn out carpet-bag
gers and scalawags, impeach the Governor,
and upturn the whole State Government
just inaugurated, and the result will be—
God only knows where it will end.
The House then adlourned to 3 o’clock
this afternoon.
HOUSE OE REPRESENTATIVES.
AFTERNOON SESSION.
Thursday, Sept. 3, 1868.
House met.
Mr. CHAMBERS gave notice that the
colored members had decided to speak no
more. r
Mr. HARPER, of Terrell, rose to ad
dress the House, saying he had no desire
and not much inclination to participate
In this debate; but he desired to give bis
reasons publicly for wliat he was intend
ing to do in the consummation of this sub-
J<R3t. He did not stand here as an enemy
of any man on account of his race or color,
or to vote against him for that reason.
Mr. Bryant had said much about the
equality ol tbe races. This had nothing
to do with tbe subject. Let the declara-
tion of Independence remain. They are
due to tlie Southern people for what they
are this day. They were born without
any rights. The only way to get any is to
stand up to the law. lam doing what
I am doing on account of the law. Mr.
Bryant had said tiiat tlie Federal army
did not succeed till Mr. Lincoln had prom
ised God to free the negroes. Why did not
he include holding office in tbe contract ?
Mr. SHUMATE said the right for ne
groes to hold office was not affirmatively
declared in the Constitution. Being a cit
izen does not confer the right to hold or
ifice —is not siy considered by the recon
struction acts—by the 14th article or by
the Republican party. Congress has left
it with the States to say whether the ne
gro shall vote —much more to say, whether
he shall hold office. In Ohio, in New
York, the negro is as much a citizen as he
is in Georgia, yet they both say by large
majorities, tiiat they shall not vote.—The
Chicago Convention says the negroes may
vote at the North in the State which wisli
it, but shall vote at tlie South.
Tlie negro can’t estimate what lie lias
gained by tlie Civil Rights bill—he lias
gained atone bouud wlmi it took tlie while
race two hundred years to wring from
Kings. The right to vote does not carry
with it the right to Hold office. The Con
stitutional Convention had before it Hie
proposition —Hie 10th section.
Mr. MeCAY moved to insert “provided
he can read and write.” It was stricken
out. We have always had certain qualifi
cations to Hold certain offices. Tlie Con
vention had cheated the poor darkies.
Governor Brown had said if tlie Constitu
tion gave negroes the right to vote, he
would stump the State against it; it lie, as
lie now has the judicial ermine on him,
should decide differently cm the bench lie
ougiit, Judas like, to take a rope and be
come his own executioner. No one gets
any rights by the Code of Georgia. W hy,
the rights enumerated there are as old as
the hills. The section of tlie Code referred
not confer a single right-only
o**»r of the r>scllls. If re
fiealed to-day it would not deprive any
man of a single right. AH these rights
are enjoyed by prescription—by birth
right. The black man enjoys no rights
but by positive enactment. In the State
of Tennessee lie is allowed to hold office by
positive enactment. If tlie Civil Rights
bill gives Hie negro the right to hold office
iu Georgia, it gives him the same right in
Ohio, in Indiana, etc. He would give the
negro every right to which he is entitled
hy this Constitution. If that clause which
says Representatives shall lie citizens of
the United States means what the other
side says, then a woman who is a citizen
might be a Representative.
His peroration, as usual, was truly elo
quent, and all legretled tiiat his time was
so short.
Mr. BRYANTsaid negroes had a rigid
to their seats on tliis floor. He read front
the Constitution and the journal of the
Conveution. Tbe Constitution says Hie
ordinances of this Convention in telation
to the first election have the same-force as
the Constitution itself. That section was
put in the Constitution to prevent any
eavii such as the gentlemen now make.
[He followed pretty much the same line
of argument as tie did some days since,
aud having reported him pretty fully
then, I detail it unnecessary to do so now.]
Mr. PHILLIPS read a written opinion
on the constitutional question involved.
At tbe close of his speech, Mr. Williams,
of Dooly, called the previous question.
M r. RICE rose to a question of privilege,
saying tiiat the previous question was not
to tie called.
Tlie Speaker said lie would not have
entertained Hie previous question before
every colored member charged with ineli
gibility had been heard. Ail of them hav
ing been iieard or declined to iqieak, lie
ruled tbat the previous question could now
be called.
The call for the previous question was
sustained
The point was made tiiat it would re
quire a two-thirds vote to declare these
members ineligible.
Tlie CHAIR said tlie point was not
made when white members were on trial,
but living asked his opinion, he had said if
the point should lie raised he should de
cide that it did not require a two-thirds
vote. Having so said, he should now so
rule.
Those who voted in the affirmative are:
M>> rs. Anderson, Ballard, Ballanger,
Ban t, a, Bell, Bennett, Brassell, Brinson,
Brow n, Burt/., Butt, Clarke, Cleghorn,
Cloud, Cobb, Drake, Donaldson, Duncan,
Ellis of Spalding, Erwin, Felder, Fincan
uu, Flournoy, Ford, Fowler, George, Go
ber, Goff, Gray, Gullatt, Hall of Bulloch,
Hail of Glynn. Hamilton, Hark ness, Har
rison of Franklin, Harris, Harper of Sum
ter, Harper of Terrell, Higdon, Hook,
Hudson, Hu in tier, Kellogg, KyUe, Long,
McArthur, McCudougb, McD >ugal, Mat
thews, Nash, Nisbet, Nunn, Parke, Baulk,
Pepper, Perkins of Cherokee, Phillips,
Price, Rainey, Rawls, Reddish, Rosser,
iiouse, Rumph, Scroggins Scott, Sewell,
Shumate, Sisson, Smith of Ware, Sorrells,
Surreney, Taliaferro, Tate, Tumlin, Tur
nlpseed, Vinson, Warren of Quitman,
Weicbel, Wilcher, Williams of Dooly,
Zeliars ayes 80.
Those who voted in the negative are :
Messrs. Allen, of Hart, Ayer, Beard,
Belcher, Bryant, Carson, Chambers, Cun
ningham, Darnell, Davis, Fitzpatrick,
Franks, Fyali, Uaren, Hillyer, Johnson,
Madden, Madison, Maul, Osgood, Rice,
Salter, Tweedy—nays 23.
Those not voting are : Messrs. Allen, of
Jasper, Adkins, Barnes, Bethune, Brad
ford, (voted blauk,) Buchan, Caldwell,
(paired off with Strickland,) Campbell,
Carpenter, Ciailiorne, ( lower, Colby, Cos
tin, Crawford, Ellis, Evans, Fryer, Gard
ner, Golden, Hall, of Meriwether, Harri
son, Holden, Hooks, of Wilkinson, Hop
kins, Houston, Hughes, Joiner, Johnson,
of Wilcox, Lane, Lastingcr, Lee, Linder,
Lindsay, Lumpkin, McCormick, Max
well, Meadows, Moore, Neal, O’Neal, of
Lowndes, O’Neil, or Baldwin, Page, Pen
land, (rose and voted blank.) Perkins, of
Dawson, Porter, Powell, Prudden, Read,
Richardson, Seale, Shackelford, Simms’
Smith, of Muscogee, Stone, Strickland
(paired off'with Caldwell,) Turner Wal
t-hall, Warren, of Burke, Watkins’ Wil
liams, of Harris, Williams, of Harralson
W illiams, of Morgan—64.
TURNER rose and said he hoped (lie Dem
ocrats would pay him for his services up to
to-day ; that he expected ultimately to get
Ins pay for all tlie time the Legislature
remained here. [The Democrats cried
out, “You shall be paid.”]
PORTER, (negro,) from Chatham, of
fefM a protest, which was signed by all
the colored members, and ten white mem
bers. There being some irrelevant matter
in it, he was advised to withdraw it, which
he did, for the purpose of correcting it.
It will he presented to-morrow.
TURNER requested tlie House to re
main sitting while lie retired. ’1 he House
did so. The colored members then walked
out, headed hy Turner, who said that in
imitation of Christ he would brush the
dust off of his feet, (suiting the action to
the word.)
The House then, in the best of order,
adjourned to f) o’clock, a. m., to-morrow.
Note. —There are twenty-live negro
members ousted by the passage of this
resolution, Fyall, Belcher, Davis and
Beard being excepted from the resolution.
SENATE.
Friday, Kept. 4th, 1868.
The Senate met at 9 o’clock, the Presi
dent in tiie Chair Prayer by Senator
Smith of the 7th.
The Journal of yesterday was read and
approved.
Mr. SPEER gave notice that he would
move to reconsider so much of the pro
ceedings of yesterday as relates to the ac
tion on the bill lo incorporate the Nutting
Banking Company.
Mr. HOLCOMBE gave notice of mo
tion to reconsider the action on the Au
gusta bill.
Mr. WOOTEN moved an amendment
to tiie Nutting Banking Company’s bill,
adding a liability clause, to meet objec
tions made to the bill yesterday Bill re
considered
The yeas and nays were called on the
bill as amended, and bill passed ; yeas 29,
nays 4.
Mr. SPEER moved it be transmitted at
once, which was adopted.
Mr. HARRIS arose to a privileged ques
tion. The Senator of the 87th, (Mr, Hol
combe,) said yesterday, in the discussion
of the Augusta bill that he (Harris) was
at lirst opposed to tiie bill because it
proposed to bring on the election too
early, now he was opposed to it because
it proposed to bring it on at a later
period. He had qever been in favor of
any other time than he had before stated,
and that was to have an election as early
as they could possibly get it. He thought
that was what the people of Augusta
wanted, and that was what he wished to
be governed by.
Mr. HOLCOMBE’S motion to recon
sider action on Augusta bill prevailed.
The Senate then went into Executive
Session, on the Governor’s message.
A. B. Hmith was made Solicitor of the
Eastern District unanimously.
John R. Prescott was made Solicitor of
the Middle Circuit, unanimously.
Mr. HARRIS, Chairman Fiuauoe Com
mittee, made the following report:
The Committee on Finance have had
under consideration the communication
of the Governor in relation to theconduct
of John J. Jones, late Treasurer, and re
l>°That the Senate having been informed
by his Excellency, the Governor, that
said Jones, former Treasurer, having (ail
ed to comply with the demand made upon
him to deliver to \V. L. Margin, present
Treasurer, the trust in his hands, and ren
der account of the money, b inds, books,
and all effects ityhis possession or control,
belonging to the Treasury,
Be it therefore Resolved, That his Ex
cellency, the Governor, be requested to
proceed to take all legal measures at bis
command to compel said Jones to a full,
prompt, and speedy settlement.
Mr. WINN offered an amendment to
the bill of the Senator of the 69th to regu
late the municipal election of Augusta.
Mr. HUNGKRFORI) offered a substi
tute for the bill. The yeas and nays were
called on this substitute, and resulted as
follows —yeas 14 and nays 20, and tliesub
stitute was lost.
Mr. HIG BEE offered an amendment to
the first section of the bill requiring the
election to be held on tire Ist Tuesday in
October. Motion voted down.
Mr. HIGBEE then offered another
amendment requiring two boxes, one for
wiiites and one for blacks, anil the ballot
ing lo continue as long as tbe board shall
determine. The yeas and nays were ca 1-
ed on this amendment, and resulted as
follows: Yeas 16, nays 20. Tbe amend
ment was, tiw-refore, lost.
Mr. CANDLER moved the adoption of
the bill offered by the Senator of the .‘>!»th,
with amendments accepted, and called the
previous question. Yeas and nays were
called for, which motion prevailed.
Those voting in the affirmative were
Messrs. Adkins, Anderson, Burns, Brock,
Itui'ii.*, ,C..uUt or„ Collier, Corhit, Fain.
Graham, Griffin, 6th District, Grinin, gist
District, Hicks, Hunter, Holcombe, Huu
gerford, Jones, Jordan, Lester, Merrill,
McArthur, McWhorter, Moore, Xunnally,
Smith, 7th District, Smith, 3<sth District,
Sfieer, Wallace, Wellborn, Welch, Winn.
Those voting in the negative were Messrs.
C’olman, Higbee, Sherman, Stringer.—
Yeas 62, nays 4.
So the bill, as amended, was adopted.
The report of the Finance Committee
was then taken up.
The message of the Governor and letters
of the former Treasurer were read.
Mr. WELLBORN moved to make the
report of the Committee on Finance the
special order of Tuesday next w hich was
seconded.
Mr. HARRIS objected.
Mr. NUNNALLY. It is tin: duly of
the Finance Committee to rrquire the
former Treasurer to come before them. It
is the duty of the Finance Committee to
do it. ias heartily condemn tbe com
inunication of the former Treasurer as
much as any Senator on this door, but
while 1 condemn his action I do not pro
pose to put myself on the record as sus
taining this action of the Committee.
Mr .MERRILL was in favor oi jve Iv
iug the report of the Committee.
Mr. CANDLER. This resolution of tic
Finance Committee requires us to inform
tbe Governor what he shall do. Now, if
the Governor does not know what to do,
then this report should be received. But
we have no intimation that the Governor
does not know his duty. Shall we, then,
stultify ourselves by adopting the report
of inis Committee, requiring the Governor
to do what is his duty. If be fails to do
his duty, then this report would i»e proper.
Mr. BROCK. The foriner Treasurer has
in his possession funds belonging to the
Blare to the amount of over two hundred
thousand dollars, and it was his duly to
turn it over to the present Treasurer with
out a word. If this is a legal body, we
have a legally elected Trea.-urer. "Now,
has the former Treasurer any excuse for
not turning over his books and money to
the Treasurer we have elected ? His let
ters show plainly that he intends to evade
a fair settlement. 1 hope the Ktate of
Georgia will not be compelled to bring
suit again-t Mr. Jones. 1 think that if
we serve Mr. Jones with a notice to come
before tbe Committee he will do so. This
Legislature has a right to pass any law to
require its officers to comply with their
duty.
Mr. WELLBORN. All this discussion
is out of order.
Mr. WINN was opposed to postpone
ment. He thought that action could lie
taken at once, and moved the following
amendment:
“That Logan E. Bleckly and James A.
V.isoii lie authorized to sue for and recover
all of ihe money and other effects of the
Btate of Georgia in the hands of John
Jones, former Treasurer of the Btate of
Georgia.’’
Mr. NIJNNALLY objected, and said
that it was proper first to call Mr Jones to
come before the Finance Committee; if
he fails then to do this, it is our duty hi
proceed against Mr. Jones. It would then
be tbe duty of the Governor to arrest him.
He moved that the question l»e laid on the
tatde. The motion prevailed and the
question was laid on the table.
On motion of Mr. CAN I)LER, hills were
taken up for tbe tHird reading, and the
following bills read:
A bill to authorize Eugene E. Bower, a
minor, to practice law. Committee recom
mended that it do not pass, which was
agreed to, and the bill was lost.
A bill to make legal any rate of interest
agreed upon. Laid on the table.
The hour of adjournment having arriv
ed, the Henate adjourned until ft o’clock
to-morrow morning.
HOUSE OF REPRESENTATIVES.
Friday, Sept. 4, 1868.
The House met pursuant to adjourn
ment, and was called to order by the
Speaker.
Prayer by Rev. Dr. Brautly.
1 be Journals were read and confirmed.
Messrs. Hall of Meriwether, Crawford
and Walthal, asked leave to record their
votes in favor of tbe resolution passed yes
terday, relative to the ineligibility of col
ored members, which was granted.
Tbe regular order wassuspended to take
up several bills on the seen ml reading.
The rules were suspended to take up a
resolution providing for two sessions per
day, the afternoon session to be devoted to
reading bills the second time.
Tlie resolution was adopted.
Mr. HUDSON, by consent, introduced
a bill for tbe relief of Mr. Foster and oth
ers of Talbot county.
Mr. LaNE moved to suspend tbe rules
to take up the Veto Message of the Gov
enior on the Hill re-organizing the munic
ipal government of Savaunah. Agreed to.
.Mr. HAMILTON moved that the bill
be passed by u Constitutional majority
which is a two thirds vote, and called the
previous question, which was sustained,
when the yeas and nays were demanded,
resulting as follows: yeas 92, nays 27.
8o the bill passed over tbe veto of the
Governor.
Mr. FLOURNOY offered a resolution
instructing the State Treasurer to pav no
more money to Clerks of Committees, ex
cept that of the Finance and the Judiciary.
The rules were suspended and the reso
lution adopted.
Mr. DRAKE moved to appoint a special
committee to investigate the returns of the
different counties to procure evidence of
the next highest vote cast for persons who
were competitors of the persons just de
clared ineligible to a seat on this floor.
Adopted.
Mr. HU DSON offered a resolution to ap
point a committee of three from the House
to act with a similar committee from the
Senate to examine the calendar and re
port the business of the General Assem
bly, looking to the adjournment of the
same. Adopted.
Mr. TWEEDY offered a resolution to
authorize the State Treasurer to pay to the
colored persons, who have been declared
ineligible, theirper diem and mileage up
to the date of said declaration.
Mr. FLOURNOY amended by includ
ing all the members and oflicers of the
House. [The law provides $9 per day for
members and sl2 per day for oflicers.]
Mr. RAWLS offered as a substitute for
the whole, a resolution that the Ktate
Treasurer be instructed to pay to all offi
cers and members of this House, theirper
diem up to date, and also their mileage,
including those persons who have been de
clared ineligible.
Mr. SHUMATE moved to lay the wliol
matter upon the table. Lost.
Mr. HALL, of Glynn, moved to adopt
the substitute of Mr. Rawls, and called the
previous question, which was sustained,
and on a vote the substitute was adopted.
Mr. HALL, of Glynn, .offered a resolu
tion that the consideration of the cases of
Belcher, Davis, Fyall and Beard, be set
apart for Friday next. Adopted.
Mr. ANDERSON moved to appoint a
special committee of five to investigate
tiie cases of said members. Adopted.
A message from the Governor was taken
up, in which lie calls the attention of the
General Assembly to the financial condi
tion of the Btate relative to the settlement
between the late Treasurer and Comp
troller General and those who were lately
elected.
Mr. BRYANT offered a resolution that
the Governor be instructed to use all legal
authority in bringing about a settlement
between the parties.
Mr. McCOLLOUGH moved to lay on
the table until Monday next. Carried.
The call of counties lieiug in order, the
following new matter was introduced.
Mr. McDOUGALD, a bill to appropri
ate money for the burial of the Confeder
ate dead. Also,
A bill giving liens on property to con
tractors and other workmen. Also,
A bill to incorporate tHe Muscogee Ice
Manufacturing and Trust Company.
Mr. GULLATT, a bill to amend certain
sections of the Code relative tocounty offi
cers. Also,
A bill to provide for tbe registration of
voters in the city of Atlanta, and lor oilier
purposes.
Mr. HALL, of Meriwether, a bill to re
duce the bonds of county officers in tbe
county of Meriwether.
Mr. BRABSELL, a bill to levy a tax to
build a jail in Meriwether county.
Mr. PHILLIPS, a resolution to appoint
a committee, to whom all matters pertain
ing to Insurance Companies be referred.
Rules susjiended and the resolution
adopted.
M r. OBGOOD, of Chatham, a hill to con
firm the Charter of tbe Savaunah, Bkido
wey and Seaboard Railroad Company.
A Iso,
A bill to incorporate tbe Wilmiugton
Railroad Company.
Mr. GOBER, of Cobb, a bill to amend
and add to st- -lion 25780f the Coile. Also,
A hilt exemptii.g members of the Con
cord Manufacturing Company from road
duty, and for other purposes.
Mr. TALI AFERRO. A bill lo relieve
tbe county of Fulton from certain debts.
Mr. SISSON. A bill to incorporate the
Atlanta Havings Bank. Also,
A bill to incorporate the Atlanta Mu
tual Life Insurance Society. Also,
A bill to incorporate Hie Georgia In re
Insurance (Mm party.
Mr. KELLOGG. A Hill to authorize
Clerks of Superior Courts to perf >rm mar
riage ceremonies.
Mr. HOiTT. A Hill to incorporate the
Georgia and Alabama Steamboat Compa
ny. Also,
A bill to amend an act incorporating the
Rome Mutual Life Insurance Company.
Also,
A bill to educate the indigent ami
maimed soldiers of Georgia, and to pro
vide the necessary means for the same.
The House adjourned to 4 o’clock.
SENATE.
Saturday, Septembers, IS6S.
Tbe Senate met at 9 o’clock. The Pre
sident in the Chair. Prayer by Senator
Hinton.
The Journal was read and approved.
Several motions to suspend tbe rules
were made and lost.
MKKSAOKS FROM THE HOUSE.
A resolution to increase the nutnl>erof
Judicial Circuits, and tbe number of terms
of said Courts. Concurred in.
A recoil)Lion instructing our Represen
tatives to co-ojierate with tbe citizens of
Tennessee and Alabama in opening the
Tennessee River for navigation to Chatta
nooga. Amendment of the House con
curred in.
A resolution to appoint a committee to
confer with a committee from tbe Senate
to examine the calendar audio fix a day
o. adjournment. Messrs. Sjieer, McWhor
ter and Nunnally were appointed.
The relief biii was taken up and read.
Section 1 makes it lawful for defendants,
for all debts made prior to June, 1865, to
give in evidence the consideration of the
debt; amount and value of property own
ed by debtor at the time of contract: wlmt
tenders were made; and that the non
payment of debts was owing to the refusal
of tbe creditor to receive money tendered ;
the destruction or loss of the property ;
giving the jury, in all cases, power to ren
der verdicts according to equities of each
case.
Section 2 provides that where judg
ments have been entered on debts made
prior to June, l<Stts, it is lawful for defend
ant, by motion in Court, to have the same
submitted to jury for trial, with power
to reduce the amount of the judgment
according to the equities of the case.
Section 8 provides that in all cases
where defendant has possession of proper
ty, the jury shall have power to render a
verdict according to tiie value of the same.
Section 4. In suits against Trustees,
Administrators, Executors or Guardians,
it shall he lawful for defendants to give
in evidence the loss or destruction of
property, depreciation in value, etc., Pro
vided the same was not by neglect or de
fault.
Section 5, B parties are competent
witnesses.
Section 6. When levies have been made
it shall be lawful to tile affidavits, and
this law is to apply.
.Mr. CANDLER, moved to amend by
inserting “except in cases in which the
consideration is for the purchase money
of real estate.”
Mr. NUNNALLY objected to the a
mendment as the subsianee was in the
bill.
Mr. HINTON. The clause in the Con
stitution of the United States prevents us
from passing any relief law. The late
Constitutional Convention did all that
could be done to frame a relief law. They
thought to evade this clause by denying
jurisdiction to the courts. Yet Congress
sent ibis Constitution back with the relief
law stricken out, because it was in viola
tion of tiie Constitution of the Uuited
States. This bill opens up a field for cease
less litigation. There is uota part of this bill
that is just, equitable or right, and the
whole bill is unconstitutional.
Mr. HARRIK. The gentleman takes
an extraordinary position. All of every
party tell us that something must be done,
and I think this is the most equitable hill
for both debtors and creditors. The relief
clause was not stricken out by Congress
because it was in opposition to the Const!
tut ion. Congress objected to it for politi
cal reasons, not upon the Constitutional
grounds. They did not wish it because it
would be charged on the stump that tiie
party was in f tvor of repudiation. I have
been charged while advocating this relief
law as being a repudiator. I am not.
\ou can never enforce old debts; they are
dead. Extreme cases can be given on both
sides, but that will not dei-ide this ques
tion. I bis bill has incorporated in it the
broad principles of equity, and I hope it
will pass.
Mr. WINN. I agree with tiie Senator
of tiie 27th in some of iiis arguments. But
if these debts are worthless, they should
not be pursued. (He complimented Kena
\9 r . Uaudier for his speech in opposition to
this bill.) ihe bill is against the Const!
tution. Before we can be deprived of our
just rights, we must be found guilty of
treason Relief is rough, relief is tough
and God knows we have bail relief enough’
Mr. WOOTEN objected to the hill be
cause it impaired the obligations of con
tracts, and, therefore, was in violation of
tiie Constitution of tiie United Stntes If
we pass this law it will be, therefore void
and inoperative, and would be so held bv
the judiciary Every effort to enact a law
in violation of the fundamental law of our
hind will prove futile, and be like dariimr
straws against the wind. He moved to
amend by striking out “land,” and insert
slaves' 4 ’’ Species of l’ r °perty other than
Mr. SMI IH, of tiie 36th. Every one is
in favor of some form of relief, and it*is
nn^ r . tha wo Bl * oul<l «i ve the citizens “of
our Ktate some relief. I think that this hill
roposes au equitable p!an for tiie adjust
ment of these old debts. I am not ner
sonally interested in having a relief law
Ktato ’ l ' Ut deßir ° U fol ' the «ood of our
Mr. NUNNALLY. I think lean see
where the "boot pinches” Five legal
gentlemen have spoken against this bill
because they see there is little chance for
a fee under it. If I were to consult my in
terest as a lawyer I should oppose tiie Wit
but I think that the good of the country
demandssuch a law, and I am certain this
is the most equitable that can be framed
These gentlemen object to this law because
they say it is in violation of the Coustitu
tiou. Now, should a man agree"to S?a
earpenter two thousand dollars to build a
house, and it could be proven by the car
penters of the country that the man did '
hot !! 1 ! h,S contract . a»<J that value to
be received was not received until this
contract be enforced? Certainly not. A
contract can be wrong; if it is wrong, ,
t cannot impair its obligation i
have submitted this bill to the best legal j
abi .ty of this Ktate, and they argue that it
is the only equitable ami just wav to spttio
these old debts. 1, therefore, 6 ,
dent, call the previous question.
and lost! 00^’6 ameudraent was voted on ,
ted l on CttDdler ' 4amend “ ent was then vo- '
' Pl ‘® and nays were called, and re- *
suited as follows: Yeas 10, nays 17 ,
2® t was* lost. '
■A us ,I w L H v:Li“ ,,<,th * r *-*-<■ l
The votes being counted, they stood,
yeas 14, nays 14. _ -
The PRESIDENT voted against the
amendment.
So the amendment was lost.
The vote was then taken on the bill by
sections, and resulted as follows: Ist sec
tion was adopted—yeas 14. nays 12.
Mr. HINTON ottered an amendment to
tbe second motion :
Provided. That no judgment shall lose
the priority of its lien by reason of the
new judgment.
The vote was then taken on Mr 1T?V 1
ton’s amendment and carried—yeas 11,
nays 10.
The vote was then taken on tiie second
section as amended, and the section adop
ted.
Mr. BURNS offered au amendment to
tiie third section : Returning the proper
ty, together with compensation for the use
of tiie same; provided, that any improve
ment* by the defendant he taken in con
sideration of any part of the purchase
money which may have l>een paid.”
Mr CANDLER offered a substitute for
tiie third section.
Mr. HINTON offered an amendment.
The previous question was called and a
vote taken on Mr. Hinton’s amendment
which was lost
The vote was then taken on Mr. Can
dler’s substitute; section and substitute
were read, and the yeas and nays called,
resulting yeas 16, nays 18, and tin* substi
tute was lost.
Mr. Burns’ amendment was accepted
and the vote taken on the third section,
as amended, and it was adopted.
The vote was taken on the fourth and
fifth sections and they were adopted.
Mr. WINN proposed toann-nU Die sixth
section, to require the party taking the
case into the court to pay all coat. The
vote was taken on Mr vVinn’s amend
ment and the amendment lost.
The vote was taken on the sixth section
and it was adopted.
At the suggestion of Mr. Lester, Mr.
Nuiiua iy amended the 7jli section as fol-
W*. I
“Provided that the property levied upoiT
shall be returned to the defendant u|>on
his giving bond and security, as in claim
eases.”
Mr HINTON moved to pnstpoue the
further consideration of the bill, and to
have fifty copies of tbe bill printed.
Mr. HARRIS moved to take up the
whole bill as amended, and called previous
question. Motion prevailed. Tbe vote
was then taken on the whole bill as
amended. Yeas and nays were called, and
resulted as follows:
Those voting in the affirmative were
Messrs. Adkins, Brock, Bums, Campbell,
Collier, Corbett, Fain, Griffin, (Gtb) Grif
fin, (SHt) Harris, Jordan, McWhorter,
Nunnally, Sherman, Smith, (7tlrt Smith,
(;>6tb) Kjteer and Welch.
Those who voted in the negative were
Messrs. Anderson, Bowers, Candler, Col
man, Graham, Hicks, Hinton, Holcornl>e,
Huugeiford, Lester, McArthur, Moore,
Stringer, Wallace, Wellborn, Winn and
Wooten, and the bill adopted; yeas Is,
nays 17.
On motion of Mr BURNS (lie action of
tbe House on State Printer was taken up.
He moved to concur in the resolution of
tiie House designating Mr. J. W. Burke a«
Stale Printer for the present session. Yea
aud nays were, called, and resolution con
curred in. Yeas 19, nays 11.
Mr. LESTER moyed to take up tbe ac
tion of tbe House on tbe Savannah bill.
Motion prevailed, and the Governor’s veto
o said HI 11 read.
Mr. SMITH. This bill lias lwen dis
cussed heretofore; it was voted upon and
carried by a large majority in this House.
Tiie principal objection made by the Gov
ernor, in lus message, is that there is not
time enough given for the numlter of vo
ters. I think he has been misinformed.
Before the war three thousand voters
could poll their votes in one day thereat
one ballot box, and T think that now six
thousand voters can vote at three ballot
boxes in ono day.
The hoar of adjournment having ar
rived, the Senate adjourned till 9 o’clock
Monday morning.
[Mr. Nunnally, tbe author of the Relief
bill, displayed considerable ingenuity and
ability in the management of the bill be
fore the Senate.]
HOUSE OF REPRESENTATIVES.
Saturday, September 5, 1808.
The House met pursuant to adjourn
ment and was called to order by the
Speaker.
Prayer by Rev Dr. Brantiy.
The Journals of yesterday were read and
confirmed.
Mr. FLOURNOY moved to suspend tbe
rules to take up the bill to provide juries
for the trial of causes in special or called
terms of the Superior Court.
The motion was carried and the bill
passed.
Mr. WILLIAMS, of Morgan, moved to
suspend the rules to take up the Senate
bill incorporating the NuttiDg Banking
Company.
The call of the counties was then in or
der, and the following new matter was
presented :
Mr. PRICE. A bill to allow owners of
miues to construct water channels in cer
tain cases, to draw water from streams not
their own, and for other purj>oses.
Mr. SCROGGINS. A bill to increase
the capita! stock of the Wilcox Manufac
turing Company.
Mr. BALLARD, a hill to allow G. M.
(rati*!* to practice law.
Mr. HOOKS, a bill to incor|>orate the
Alpharetta Mining Company.
Mr. DUNCAN, a hill to relieve Richard
Johnson, of Houston county.
Mr. HAREN, a resolution that the Gen
eral As-<cmhly adjourn on Tuesday,the 15th
inst.
Mr. STRICKLAND,a hill topreventnon
residents from camp-liuntiug in Paulding
county.
Also, a bill to relieve Nancy Jones, of
Paulding county.
Mr. WILLIAMS, of Morgan, a hill to
iucorparate the Ealouton and Madison
Railroad Company.
Mr. SEWELL, a bill to empower Mrs.
S. A. Cook to act as guardian for her uii
nor child.
Mr. GEORGE, a bill to incorporate the
Camilla ami Cuthbert Railroad Company.
Mr. ZELLARS, a bill to form anew
county from the counties of Campbell,
Fayette and Coweta.
Mr. BETHUNE, a bill to prevent the
injury or destruction of crops by persons
hunting or fishing.
Mr. FLOURNOY, a bill to amend the
charter of the town of Louisville.
Mr. WARREN, of Quitman, a bill to
change the line between the counties of
Kiewart and Quitman.
Mr. WALTHAL, a bill to alter and
amend an act regulating tiie manner of
giving in lands for taxation and tiie Kali
an and redemption of the same.
Also, a hill to loan the credit of tlie
Ktate to the Georgia Western Railroad
Company.
Mr. COBB, a bill to amend an act in
corporating the town of America-'.
Mr. BALTER, a bill to ineoriM irate the
town of Dykesboro.
Mr. BARNUM, a resolution to author
ize Mr. .1. W. Burke to execute the Stale
Printing.
Mr. TURNTPKEED moved lo suspend
tiie rules to take up tiie resolution, which
was agreed to, and the resolution was ta
ken up and adopted.
Ordered to be transmitted immediately
to the Senate.
Mr. HUMBER, a bill to provide for
completing the administration ami settle
ment of the estate of W. J. Whatley, of
J roup county.
Mr. BAUNtTM, a bill to incorporate the
Albany and Columbus Railroad ( ompany,
- r. ANDERSON, a resolution that no
new matter be introduced into this House
f l -i e u M °h-M jr next > except tax and appro
priatlon W•ls. unless by a two-thirds vote.
Mr, ANDERSON moved tosusiieud the
rules and take up the resolution. Agreed
to.
.CRAWFORD moved to amend by
striking out “two-thirds,” and inserting
majority” vote. Agreed to.
nsued, after which
J l , r \/ CRN II KEEI) moved to lay the
resolution upon the table, when
Mr FLOURNOY called for the veas
56. uaysV resulted follow.: yeas
vaded 8 niotion to ,a y «>n the table pre.
of Spalding, offered a reso
c 1 ® ea Lng certain members in place
dec l ar ed ineligible, upon their
making proper showing to the House that
iney received the next highest vote to the ,
members declared ineligible. Withdrawn.
Mr. I URNIPBEED offered a resolu
tion requesting the Governor to furnish a
list ot ttae names of persons receiving tiie
next highest vote to the members declar
ed ineligible.
Mr. RICE moved to lay the whole mat
ter upon the table. Agreed to.
Mr. PHILLIPS offered a resolution that
the Speaker appoint a committee of three
to inquire into the eligibility of tiie mem
bers making application for seats. Refus
ed to suspend the rules.