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. .x. OF THE SUPREME COURT FO
0EIISIO'" ~r gk ohoia.
!fd by N- ./. Hammond , Supreme
Reporter, Expressly for the Consti
tution.
a Johnson and James Stewart,
' plaintiffs in error, vs. N. A. Hardee, De-
I’jaut j a error. From burater.
Brown, C. J.
While the Courts have the power,
, it .heir duty when a proper case is
1 , [0 declare acta of the Legislature
nstitutioiia! and void, auch acts are
U i m nrt-uined to be constitutional, and
“ Authority of the Courts to declare
" void should be exercised with great
6 n.m and never resorted to, but in clear
‘ i ury'eut ca-es.
| jj at provisions of the Constitution of
' | ,jted States which denies to a Stale'
mh rurht to pass any law impairing the
‘ vi .nos contracts, does not interfere
, ih the right of a State to pass laws.act-
upou the remedy.
” i ncre Isa plain distinction between
ifligation of a contra :t and the remedy
"iN enforcement, and while the Legis
’ ire may not impair the obligation of
the contract, it has the undoubted right
. liatii'e, modify or vary the nature and
extent of the remedy, provided a suhatan
-■..remedy is always le't to the creditor;
|,, n e us the St ite does not deny to her
i orts jurisdiction of contracts, and to
, iescribe such rules of procedure and of
Evidence as may in its wisdom seem best
Lied to advance the administration of
ijjtiiv in tile Courts.
4 That part of ihe Act of the Legisla
ture passed at its late sessions entitled “an
\et for the relief of debtors, and to author-
Lthe adjustment of debts upon princi
ples „f Equity,” which provides for a
change of ttie rules of evidence (uuder
which this case originated) is not uuconsti -
tutional, though it may permit evidence
in go t > the jury which has not heretofore
beeu allowed, and which the Courts may
consider irrelevant and improper. It is
the province of the Legislature to prescribe
the rules of evidence and of the Courts to
administer them.
5. ft is of no objection to the constitu
tionality of this act, that it authorizes the
jury t" reduce the amount of the debt
Led for, according to the equities of the
case; as this is (lone every day in the
Court, in case of partial failure of consider
ation, am! the like. Thiß must be done
however, ucoordi .g to the real equities be
tweeti the parties,and not according to the
caprice of the jury, and when so done, it
neither impairs the obligation of the con
tract nor works injustice to the parties
litigant.
t. If this should be seized upon by the
jury, and used us a pretext for reducing
the*debt., other ihan the equities between
the parties permit, it will lie the duty of
the Court to set aside the verdict when
u at fact is made plainly to appear.
In this case the obligation of the con
tract was not in any degree impaired by
tie tiling of the pleas by the defendant, to
which objection was made,as a foundation
fur the introduction of evidence under the
statute, and the evidence should have been
received, and if the jury madeati improper
use of it, or found contrary to law and
evidence, it would then have been time
enough for the Court to interfere and set
aside the verdict.
- When the statute authorizes certain
facts to be given in evidence, a demurrer
ina plea which lays the foundation for
such evidence, should not he sustained.
The old rules of pleading in such case
must yield to the statute.
Judgment reversed.
McCay, J.
It is not to be presumed that the Legis
lature intends to violate tlie Constitution
of the United Hiatus, and when words are
used in an act, they ought to be construed,
if possible, so as to make the act consist
ent with that Constitution.
2 The consideration of a contract, and
whether (here has been a tender of the
whole, or any part of a debt sued on, ami
if the debt was not paid, that it was the
creditor's fault, are not only in all cases
tit matters for proof, but are often of great
importance in arriving at proper conclu
sions as to tiie true rights of the parties iu
the matters before ttie Court. Nor can
such evidence, iu any proper use of it at
all, tend to impair the obligation of the
contract sited on.
; If the property upon which thecredit
was given in coutract lias been lost or
rendered worthless, it is competent for the
Legislature to permit the defendant, when
the contract is sued upon, to show by
whose fault that property was lost or de
stroyed, and the value of it at the time of
the contract and at the time of the loss.
1. t hat claim of the Act of the Legisla
ture under discussion, which authorizes
the jury in suits upon certain contracts,
J notice tiie debt sued upon, according to
the equities of each case, w as not intended
'■''permit them to impair the obligation of
the contract of the parties. The equity
»ud justice there meaut is, that fair and
truest duty which each owes to tiie other
under the contract to be gathered from
c whole transaction, as it actually oc
curred between them, and from the acts
creating legal or equitable obligations
which have happened between them since
th-* date of tiie coutract.
> Hie obligation of a contract canno< be
‘nipaired by the Legislature of a State,
Jtnler the guise of changing the rules of
oideiH'e or altering the inode of proceed-
Nor can the Legislature authorize a
' urtoi a jury so to adjudicate between
‘k® parties to a contract as to alter or im
pair its obligation, as it was in fact entered
into.
Consistently with these principles, a
'oie Legislature may alter the rules of
whence, and change the mode of pro
*'uig in th * State Courts, Nor is it the
Provluee of this Court to declare an act of
; u * Legislature void because it permits
; < introduction of evideuce which, in
;- e opinion of the Court, may be irrele
ont to the issue, and calculated to dis
r*ctor mislead the minds of the jury.
, The act of tiie Legislature in 1868, so
it allows the defendant in all suits
-P°n the contracts dated before the first
June, lst>j, to give in evidence the con
aeration of the debt sued on, whether
*“>' tender has L>eeu made, and if the debt
uot paid wliose fault it was, what
;• perty the credit was given upou, and if
property lias been lost whose fault it
ami so far as it authorizes the jury
eases, to reduce the debt sued on,
[J,"r^ n S to the principles of equity’, is
1! e usti ued according to the well es~
s . rules for the construction of
.' a w in violation of that clause of the
, DBtl hUi°n of the United States which
auy State from passing a law
pairing the obligation of contracts,
any Court of this State give
fora • &0t iuf l uest >°n ' u any case tried be-
Jl Us uch a construction as would impair
T t .. i.Katiou of the coutract under in
stigation, this Court, in a proper case
w 'ili correct tlie error.
A Pica filed setting up any facts which
> press enactment of the Legislature,
Permitted to he given in evidence is
Warner, J.—Dissenting
t an action brought by the plain
sarv ag4 ' Hst t,Je defendants on a prom is
»ii t* ° te ortde SUUI fifty-two hundred
l' Weat y-niue dollars, dated Jauuary
"n 1 ’ au *l Jue forty-five days afterdate.
*Uin defendant, Stewart, filed a plea,
Wi *y of defense to the note,
•iont V a L ts ’ as P rov ided by the provi
for,,, l^ e firs t sectiou of the Act of 1868,
the a.n re , ief debtors, and to authorize
£quiti U o t ‘ l^ utt>f upon principles of
dtfen.i' , de plaintiff demurred to the
Uirif.,i a !l' 8 P lea ’ at) d the Court below sus
fc*eepted 6 detnurrer aod the defendant
itviil:‘ eC . ißioa fLis question necessarily
es the constitutionality of the Act
deatght Urartu! atul fptesscwgeu
of 1868. The first section of that Act pro
vides, “That iu all suits which shall be
brought for tbe recovery of debts, in any
of the Courts of this State, or upon con
tracts for the payment of money made
prior to the Ist of June, 1865, (except for
I the hire or sale of slaves,) it shall be law
ful for the parties in all such cases to give
in evidence before tbe jury, impanneiled
to try the same, tbe consideration of the
1 debt or contract which may be tbe subject
of the suit, the amount and value of tbe
property owned by tbe defendant at the
time the debt was contracted or the con
tract entered into, to show u|>on the faith
of what property, credit was given to him,
and what tender or tenders of payment he
made to the creditor at any time, and that
the non-payment of the debt or debts, was
owing to the refusal of the creditor to re
ceive tiie money tendered or offered to be
tendered, the destruction or loss of the
property upon the faith of which the cred
it was given, and how and in what manner
the property was destroyed or lost and by
whose default, and in all such cases the
juries which try tiie same shall have power
to reduce tiie amouot of the debt or debts
sued for according to tiie equities of each
case, and render such verdicts as to them
shall aopear just and equitable.” This act
of the Legislature, in my judgment, neces
sarily impairs the obligation of the con
tract as it existed under the law at the
time the contract was made, and it makes
no difference whether that result is pro
duced under the name of a remedy or un
der tiie pretext of regulating the admissi
bility of evidence. Is tiie contractand the
obligation to perform it as valuable now,
under the provisions of tiie act of 1868, as
it w as under the law applicable to the con
tract at the time it was made?
This is the practical question to be an
swered. In view of tiie obligation imposed
upon me to support and maintain the in
tegrity of the Federal Constitution, which
declares that “no State shall pass any law
imparing theobligationsof contracts,” and
not entertaining the least doubt that the act
of 1868, according to the decisions of the
Supreme Court of the United States, is a
palpable violation of that instrument, lam
not willing to embilm myself in my own
infamy upon the records of this Court as a
debauched Judicial officer, in holding that
act to beeonstftutional, therefore I dissent
from the Judgment of the Court.
GOVERNOR BULLOCK’S REPLY
To the Report of the Treasurer, and the Treasurer’*
Rejoinder.
[From the Atlanta Constitution.]
To Die Honorable Chairman and Member* of Fi
nance Committee of the House of Representatives:
Gentlemen— l have found the inclosed
report of the Treasurer published in the
newspapers, and am advised by the pub
lished proceedings of the House that this
report was referred to your committee :
Treasurer’s Office, j
Atlanta, January 21st, 1869. f
To the Honorable House of Representatives of the
State of Georgia :
In response to your resolution of yester
day, as follows:
“Resolved, That N. L. Angier, Trea
surer of this State, be, and lie is hereby
requested to communicate to this House,
as early as practicable, what amount of
State bonds have been issued since he
came into office, and whether or Dot the
same have been sold or hypothecated for
mouey borrowed; what amount of bonds
have been sold, and at what price; what
amount lias been hypothecated, and
where; how much money lias been bor
rowed by tbe State on hypothecated
bonds ; how much money has been drawn
upon tiie faith of the hypothecated bonds
of this State, and by whom ; what por
tion of the money so drawn has been re
ceived into the l'reasuary of this State ;
what is the State of the accounts at this
time with tbe State of Georgia, and the
party or parties with whom the State
bonds have been hypothecated ; giving a
full and clear statement ot all matters in
this resolution referred to.”
1 have the honor to report that on the
21st day of September, 1868, His Excel
lency, Governor Bullock, and myself de
livered to the agent of the Fourth Na
tional Bank of New. York a contract to
place in their possession one hundred and
fifty thousand dollars ($150,000) of the
seven per cent, bonds of the State, on or
before the 15th day of November, 1868,
upon which contract, as collateral secu
rity, said bank advanced us one hundred
thousand dollars ($100,000) cssh. On the
(sth October, IS6B, similar contracts, to tbe
amount of sixty thousand dol ars, were
executed and delivered to the agent of the
same bank, upon which security said
bank advanced us forty thousand dol ars
($40,000) cash.
Ou the 17th day of November, 1868, there
was prepared and forwarded from this of
fice, six hundred thousand dollars ($600,-
000,) new seven per cent, bonds of the
State of Georgia, dated November Ist,
18(58, signed Rufus B. Bullock, Governor,
David G. Cotting, Secretary of State, cou
pons signed by the Treasurer, to the
Fourth National Bank, to carry out the
terms of the contracts made to them Sep
tember 21st aud October 6tb, 1868, and to
be hypothecated for furtbersums of money
to meet tiie interest on tbe public debt
(alien and falling due, and for other pur
poses
November 9th, 1863, we received by ex
press $25,000 as an advauce on said bonds.
Novemuer 12th, $25,000 by express, No
ve.ubt r 20th, $25,000 on draft of Governor
Bullock, November 21st, $25,000 oil draft
of Governor Bullock, December 7th, $25,-
000 by express, December 12th, $25,000 by
express, and December 26tb, $25,000 by
express all of which amouuts were re
ceived into the Treasury.
On me 23d day of December, 1868, sup
posing a considerable amount of tbe new
seven per cent, bonds had beeu sold, aud
desiring to make a report of them iu my
annual report to the Governor, I wrote to
the Fourth National Bank, asking them
to advise me what amount of the new sev
en per cent, bonds had beeu sold, and at
what price, and at the same time to send
me a complete statement iu account cur
rent of tiie Mate witli the bank. On tbe
9th instant I received a full statement of
the account, aud a letter, in which was
stated : “ None of the new seven percent,
bonds have been sold, it being considered
unadvisable to do ,-o, iu consultation bo
tween our President and Gov Bullock, it
being considered by many that tiie Legis
lature authorizing them* was an illegal
body.”
Besides crediting themselves iu the ac
count current with the various amounts
named above, they also took credit for a
large amount which I did not know any
thing about, aud which had never reached
the Treasury. Not knowing how to ac
count for these credits, I immediately
started, on tbe eve of the 10th instant, for
New York, to get a full explanation of
them. Having arrived in New York I
proceeded to the Fourth National Bank,
and found that Governor Bullock had
drawn drafts to the amount of thirty-five
thousand dollars ($55,000 ) (Copy of the
drafts I give below) which amount has
never been paid in nor reported to the
Treasury by Gov. Bullock:
COPY OF FIRST DRAFT.
No. New York, Oct. 29, 1868.
Fourth National Bank of the city of
New York, pay to the order of ,
seventeen thousand dollars.
(Signed) Rufus B. Bullock,
$17,000. Governor of Georgia.
COPY OF SECOND DRAFT.
No. New York, Dec. 3, 1868.
Fourth National Bank of the city of
New York, pay to the order of R. B. Bul
lock, eight thousaud dollars. Charge ac
count State.
(Signed) Rufus B. Bullock.
SBOOO. Governor of Georgia.
COPY OF THIRD DRAFT.
(Endorsed on back H. I. Kimball & Cos )
Decern ber 12, 1868.
Pay to the order of H. I. Kimball & Cos.,
ten thousand dollars, aud charge same to
the account of the State of Georgia.
(Signed) Rufus B. Bullock,
Governor.
To the Fourth National Bank, N. Y.
Bv the Governor:
(Signed) Eugene Davis,
Secretary Executive Department.
December 14th, 1868, there was sold of
the 7 per cent, mortgage bonds $40,000, at
921 c.; December 16th, SIO,OOO at same
price; December 17th, SIO,OOO at 92£c.;
December 19th, $4,000; Jauuary 6th, $31,-
000 were sold at 62}c.; January 11th, $20,-
000 were sold at 90Rs.; January 15th, $50,-
000 were sold at 89ic ; January 16th, $74,-
000 at 99£c., making total amount of
money realized from sale of seven per
cent, mortgage bonds two hundred and
sixteeu thousand eight hundred and eigh -
ty dollars and sixty-ninecents ($216,880 69)
out of which the Fourth National Bank
has paid coup ms to tbe amouut of about
one huudred and thirty thousand dollars
($130,000.)
The letter accompanying the accouut
current, reports two notes In addition to
contracts mentioned before, given by Gov.
Bullock, both amounting to five huudred
and seventy tbousaud dollars, ($570,000,)
supposed to be given as a security for
money advaueed and to be advanced to
meet tbe interest on the public debt.
Respectfully submitted,
N. L. Angier, Treasurer.
The statements made by the Honorable
Treasurer are so insidious, and his course
towards, aud with, myself so extraordina
ry, for one in his positiou, that I feel it
due to myself, as a citizen, as well as in
my official capacity, to preseut to you
certain facts which will, I think, sustain
the position I now take, that the action
of the Treasurer—a subordinate official of
the Executive Department—amouuts to
participation in what would seem to be a
conspiracy against tbe Executive.
No one would go further than myself
in sustaining the Treasurer inauy and all
measures which were necessary for the
protection of tha Treasury against fraud,
speculation or unlawful expenditure, and
of tt>i s fact the preseut Treasurer has had
ample evidence; but I propose to submit
for your consideration facts which tend to
show that the course of the Treasurer is
prompted by other motives.
I found it necessary, in order to secure
the full completion of the capitol building
and public offices in time for tbe reception
of the General Assembly, to make certain
advances of money to the Messrs. Kim
ball, and obtained the money for such ad
vances from tiie Fourth National Bank
upon my official drafts. Ido not propose,
however, in this communication to argue
the propriety of that course, hut simply to
state the fact.
Those am runts were charged iu account
current with the Slate, and the bank was
requested by me to send to tbe Treasurer a
full statement of accouut up to tbe Ist in
stant.
With the knowlfedge that such a state
ment had been forwarded, I arrived iu At
lanta on Sunday morn in sr, the 10th, pre
pared to eu'eron Monday upon tiie duty
of making and completing my report to
(lie General Assembly.
On Monday, therefore, at the usual
hour, I was at my office in the capitol, and
invited the Treasurer and Comptroller
General to present their respective reports.
The Comptroller General presented his
able report, but the Treasurer was not
preseut. Upou inquiringof tbe Treasurer’s
clerk, his sou, I was informed that tiie
Treasurer, his father, had “uoue out of
town for a day or two.” His reply to my
inquiry as to whether the Treasurer would
he back in time for the meetiug of the
Legislature, was that he “did not know.”
He further informed me that his father
bad received the account current from
New York, and that lie, the son, was
making out a report in accordance with
his father's instructions.
The report was presented tome on Tues
day, and as it made no mention of the
amounts charged by thebank ou my drafts,
I decided not to make any report upou
this matter uutil the Treasurer’s return,
when the accounts and vouchers could
be verified.
I did not learn uratil Friday, the loth,
that he had gone to New York, aud then
only obtaiued the information by a letter
Irom Washington, D. C., which related
some remarkable statements as having
been there made by tbe Treasurer.
I then sent for his sou, aud presented
him tiie letter, and asked why lie did uot
tell me frankly at first that his father bad
gone to New York.
He replied that “Father wanted it
eutirely secret, and did not want any one
to know where he had gone.”
I further asked that as his father left
Sunday night, after knowing that I was in
the city all day, why, if he was anxious
for information, he did not first come to
me.
Tiie son replied that “Father had his
things all packed, and wanted to visit
Washington on some old business of his
owu, aud thought he would go anyhow.”
About this time it was reported tome
that a person occupying Ultimate personal
relations to tbe Treasurer had assured
some members of the General Assembly,
in a semi-confidental manner aud in gen
eral terras, that “if adjournment could be
prevented, Angier would bring home am
ple evidence for the impeachment of the
Governor.”
The Treasurer returned ou Sunday, the
17th, and ou Tuesday morning, the 19th,
in response to my invitation, lie called on
me, aud in the course of the interview
then had, after being informed of tbe facts
touching tbe drafts, aud seeing the vouch
ers iu my possession, aud in response to
my query as to why he should have taken
the steps which I had referred to, he, after
assuring me of his confidence in my integ
rity, used the following lauguage: “To
be frank with you, as I desire to be with
everybody, I do uot thiuk you have treat
ed me with the courtesy that is due to my
office, and, besides, I understand that you
were trying to iiave the (State put back
iuto military government aud get all tbe
pow(?r into your own hands. I was op
posed to this, and decided to fight you on
it in any way time I could.”
Upon my explaining to him his error as
to military government, etc., etc., be ex
pressed his respect, regard, etc., aud the
interview closed.
I theu decided to prepare a report of the
actiou taken by myself in negotiating the
loans, makiug the advances to secure the
heating, lighting and furnishing of the
public buildiugs, and submit it, together
with a supplemental statement from the
Treasurer, to the Geueral Assembly.
On Wednesday, the 20ih, the resolution
was adopted, to which the Treasurer re
sponds. On the morning of the 2lst, the
day following, my Secretary called outhe
Treasurer, and in my name stated to him
that I had repeatedly called for a copy of
the account current with our bank agent
in New York, and desired especially to
have it, and also that when be completed
his report in response to the resolution, I
would be pleased to see him aud the report
before it was transmitted to the House.
The Treasurer promised to send the ac
count current, but refused either to call or
exhibit his report, saying: “The Governor
has uot treated me with proper courtesy
uutil he finds it to his interest to do so.”
The report was seut in before 12 o’clock
the same day, and the account was not
handed me uutil late iu the afternoon, at
the hotel. I, therefore, had no opportuni
ty either to be advised of the natuie of the
report or to prepare a statement to accom
pany it.
The Treasurer states in this report, re
ferring to the drafts drawn by myself:
“Not knowing how to account for these
credits, I immediately started, on the eve
of the 10th iust., for New York, to get a
full explanation of them.”
As the Bank account, in at least one of
the cases, states specifically that the draft
was drawn by myself, aud as I tvas at that
time in Atlanta, with the Treasurer’s
knowledge, and accessible to him, he
could have obtained a “full explanation ”
without going to New York.
The report further states that he " found
that Governor Bullock had drawn drafts
to the amouutof $35,000, which amount
ha 9 never been paid in nor reported to the
Treasury by Governor Bullock.”
This statement is made on the twenty
first, notwithstanding that, at the inter
view on the morning of the nineteenth,
the Treasurer saw my vouchers, and was
entirely advised as to the whole matter.
The published proceedingsof the House,
as given in the evening papers of the 21st.
simply mention the Treasurer’s report as
having been referred to the Committee,
without publishing the report iu full. I
am informed, however, that the Treasu
rer’s Clerk—his son—used very considera
ble exertions to cause the report to be pub
lished in full iu a morning paper, thus
evincing an inordinate desire to give
the matter a publicity which it would uot
haveobtainel in the ordinary course of
official proceedings.
I respectfully submit to your Committee
that the course pursued by the Treasurer
as herein stated, indicates a malicious
attempt to d.scredit the integrity of the
Executive, to the end that a parcizau
political movement in opposition to the
MACON. GA.. TUESDAY, FEBRUARY 2, 1869.
| present administration might be ad-
I vanced.
I regret that the conduct of the Treas
urer, viewed In connection with this re
port. forces me to this conclusion. Had
he been at his post at the time when his
duty especially required it, a full exhibit
could have, and would have, been made
to tbe General Assembly accompanying
my message.
Had he complied with my request aDd
presented to me his response to the resolu
tion, such exhibit coaid, aud would, then
have been made.
Whenever the Treasurer abandons his
present mistaken position, and places
himself in proper official relations with
the Executive, as a subordinate officer of
this department of the rovemment, full
and complet? reports will be made to the
General Assembly, covering the financial
condition of the State, aud of tbe transac
tions which have been had uuder the
authority of tbe acts passed at the last
session.
The credit of our State is better, aud our
bonds sell for a higher rate than those of
any other Southern State. But I respect
fully submit that this credit cannot be
maintained by permitting subordinate of
fficials toadvance their political views, or
their personal opinions of what is demand
ed by “courtesy,” throughjnsidious at
tacks upon the integrity of the Executive.
Rufus B. Bullock, Governor. ;
Treasurer’s Office.,
Atlanta, Ga., January, j"
7b the Honorable Finance Committee of
the House of Representatives: Your Com
munication of the 26th inst., asking a full
explanation of ray course with Governor
Bullock, received. In response to your
first inquiry, why I did not communicate
with him before going to New York, ou
the 10th, I would state that from state
ments in the account from the Fourth
National Bauk, received the day before, I
considered my own protection, aud that
of my securities, and the iuterest of Geor
gia required that I should see aud confer
with said bank before communicating
with him, from the fact that there was
much mystery in large amounts drawn
from said bank, to appearances involving
the Governor in an unlawful use of the
funds of the State. This will explain my
son’s reticence, when interrogated by tbe
Governor, as to where I was.
The account was already involved in a
cloud I could uot penetrate,and, not know,
ing thebank officers, I feared there might
be further mystery, should tiie Governor
be advised where I had gone. As an evi
dence of a part of the mystery, the Htate of
Georgia, was, on the 29th of October,
charged, in the money column, with
seventeen thousand dollars ($17,0007, with
out stating to whose order, to whom paid,
or what for. On the 14th of December the
Htate was charged “informal draft sent to
Washington,” ten thousand dollars ($lO,-
000, without stating whodrew it, to whom
paid, or what for. Noticing the Governor
reported alternately in Washington, aud
the Fifth Avenue Hotel, New York, with
his private Secretary, I felt apprehensive
that this money was finding ventilation in
a way not to reach the Treasury of Geor
gia, and leave the natural inference that
the money had reached the Treasury, thus
makiug me and my securities responsible
for what he had spent without any author
ity in law. My suspicions were lurtlier
aroused from the seventeen thousand dol
lars ($17.0»0) sated above, corresponding
in amount with the private accouut of the
Governor, with a certain bank, and the
fact that one of his Secretaries presented
me with tiie bank notice of the maturing
of a four thousand dollar note of the Gov
ernor, with the apparent intention o! so
liciting and testing whether I would ad
vance on the Governor’s private accouut.
These facts in connection with tjie known
extravagance of the Executhfe Depart
ment, I considered more than ample
ground for my apprehensions and depar
ture without seeing ihe Governor.
To your second inquiry, “ why you did
not, as requested by the Governor, submit
your report to him beforesendin;; it to the
Legislature,” I have simply to state that
the inquiry originated in the House, tba
answer involving the conduct <4- ? Gov
ernor. Under these circumstances I con
sidered the rules of propriety and respect
required me first to report to where the
inquiry originated.
You “further desire to know ifthostato
ments of Governor Bullock contained in
the accompanying communication to the
Committee are true 9 ” His first charge is
“conspiring against the Executive.” If
he means by this, opposition to the usur
pation of power, and unlawful expendi
ture of tbe funds of the State, his charge
is well sustained. The Governor should
know that no one has a right to use a ceut
of the State’s money except by appropria
tion, and a warrant drawn in conformity
with law. If he can use thirty-five thous
and dollars, lie can use five hundred
thousand. Still, he has the arrogance to
state, “ no one would go farther than my
self in sustaining the Treasurer, in any
aud all measures, which were necessary
for the protection of the Treasury against
fraud, speculation, or unlawful expendi
tures, aud of this fact the present Treasu
rer has bad ample evidence.”
The Governor knew when he penned
the above that I had made warfare on sev
eral of his warrants, aud refused payment
because of illegality; he further knows
that lie urged me to pay mileage to a sub
ordinate clerk, which he knew \va- “un
lawful expenditure” and downright ro 3-
bery. He has employed and paid three
times as many clerks as has been custom
ary in the Executive Department, allow
ing some full, even extra pay, when they
were absent half tbe time. He issued a
warrant of two thousand dollars ($2 000)
upou an account running from 1858 to
1863, which Gpv. Jenkins and the Legis
lature of 1866 refused to pay. He advo
cated the paying of Messrs. Kimball twen
ty-five thous uid dollars ($25,000) rent per
year for the Opera building, and seemed
anxious I should lend my influence in
tiiat direction, which led me to infer that
he was interested in the building and the
unauthorized use of tbe amouut slated
above strengthens my conjectures.
I must say tbe Governor’s imagination
was very fruitful and greatly in error,
and his vanity easily flattered, when he
stated I assured him of my confidence in
his integrity.
His statement is overrunning with truth,
that I was opposed to military government
under his dictation. Having opposed
secession, and early and patriotically en
tered the service of Reconstruction, I
expect to fight under that banner until
Georgia is restored to full participation in
tiie General Government, and purged of
all political mountebanks. His pretended
speech at Albion, N. Y., was a faint
though unmistakable light, that finally
kindled and exploded through Sumuer’s
battery at Washington.
The Governor must suppose me very
oredul <us, if he presumes, under the cir
cumstances, I would regard the receipt he
refers to, valid, especially without any
statement of account. This receipt was
an after-thought after my departure and
never would have made its appearances at
the ime it did, but for my absence. Why
did theGoTjrnor notaceount forthe seven
teen thousand dollars (17,000) he drew in
October. He returned to Atlanta after that
and occupied the samebuilding for weeks,
where he saw’ me daily w ithout reporting
it, and finally made his third visit to
Washington and New’ York since he hss
been Governor, keeping this whole matter
in profound silence, though we often con
versed on the monetary affairs of the
State.
It is presumed the different departments
of the State should have some knowledge
of the whereabouts of tbe other, but in
violation of the rule, the Governor has
had three long intervals of absence, the
last forty-two days, without the other de
partments kuowiug the time of his depar
ture, where to address him, or tne expect
ed time of his return, yet he severely
censures and reproves me, for an absence
of only seven days, looking after the secu
rity of the funds and credit of the State,
though the first and only absence since
my office was opened.
The Governor manifests some appre
hension about the downfall of the admin
istration. I certainly desire that be should
prove himself w’orthy to be one of the
main pillars, yet if he should fall, I trust
it will not be like Samson’s, but that the
Temple of Liberty will survive.
His efforts to excite the sympathy of the
Republican party are so unfortunate and
feebly drawu, that I shall refrain from
any comment further than to state he
attaches too much importance to my par
tisan influence, and I am truly sorry he
i bee found it necessary to resort to this
weak subterfuge. Certainly it is a poor
way to produce harmony and strength of
party, to assault in such a spirit even a
| “ snliordinate.” His Excellency need have
no doubt as to my position. Having been
an ardent supporter of General Grant, I
1 believe his incoming administration will
p*ove the pure patriot and able statesman,
us he was the military chieftain of the
Nation, destined to lead us to as signal
victory in the Cabinet as he did in the
field. May his arm that was successfully
raised to perpetuate the Union of the
States, crush out every effort, come they
from open foes or pretending friends, to
prevent a full return of each subordinate
to the National fold.
In my answers to the resolution of in
quiries from the House, I gave simply a
statement of facts to the questions as pro
pounded, leaving others to make their
own inferences, and draw their owu de
ductions. If the truth hurts, no one re
grets more than I, that bis Excellency has
placed himself in a situation to feel its
goadings, and his resorts to abuse and
malevolence in his efforts to sustain him
self. Such weapons are sure to wound
those who use them. If in my efforts to
ward off these undignified assaults of the
Executive, I have used some sharpness,
and called to aid, other developments,
casting a shadow on his Excellency, I
trust the indulgence of the Honorable
Committee will excuse the manner in
v iiicb I have U9ed the weapons of truth
« “led forth by your inquiries.
Respectfully submitted,
N. L. Angier, Treasurer.
GEORGIA LEGISLATURE.
[From the Atlanta Constitution.)
Tuesday January 25, 1869.
Senate. —The Senate was calfed to
order.
Prayer by Rev. W. H. Hunt, of the
Episcopal Church.
Mr. Higbee, chairman of the Committee
of Enrollment, reported as duly engrossed
and enrolled, and ready for the President’s
signature, the bill to legalize tiie holding
of the Superior Court of Floyd county,
and for other purposes. Also, the bill to
allow the Secretary to employ additional
clerks, aud recommend the adoption of the
following:
Resolved, That the Secretary of the
Senate lie sl owed to euap'oy, not more
than live additional clerks, when such
clerks shall have been examined by the
Enrollment Committee and recommended
by them as duly qualified for tiie position.
The unfinished business of Friday being
the bill to create the Coluaibus Judicial
Circuit, was resumed.
Mr. Bruton moved that tiie bill be re
ferred to ihe Judiciary Committee, with
instructions to iuquireiuto the expediency
of creating new Judicial Circuits in the
State, aud what is necessary, and what
counties shall compose said circuits. The
motion to refer did not prevail.
Tbe report of tiie Judiciary Committee
recommending that the bill do not puss,
was laken up aud agreed to. So the lull
did uot pass.
The Committee on Enrollment reported
a9 duly enrolled and ready for tbe Presi
dent’s signature, the bill to authorize the
State Treasurer to advance SIOO to each
member of the General Assembly, and to
each authorized clerk of the same.
The report of the Committee of En
rollment recommending an increase of
tiie clerical force to uot exceed five iu
number, was taken up.
Mr. Wooten offered au amendment pro
viding “that tbe Secretary be allowed to
employ from time to time such additional
clerk 9 as are necessary, subject to tbe ap
proval of the Senate.” The amendment
was adopted and the report taken up and
agreed to.
A House resolution that the Governor
retain the services of P. M. Compton in
settling up the Pioneer Cottou Card Com
pany aud other matters incidental, was,
on motion, referred to the Finance Com
mittee.
The report of the Joint Committee on
the condition of the endorsement by the
State of tbe bonds of tbe Macon and
Brunswick Railroad, reporting that they
had examined the books of that road, and
were satisfied that the road had fully
complied with the conditions upon which
State aid had been granted that road, and
recommending the passage of a resolution
that, in the opinion of the members of
the General Assembly, the Macon and
Brunswick Railroad have complied with
the conditions upon which the State en
dorsed its bonds, and that the Governor
be requested to continue said endorse
ment.
Mr. Harris moved to refer the matter to
the Judiciary Committee for investigation.
A message from the House was received
anuouueiug that that body had passed
the following resolutions and bills:
Resolution of Special Committee on the
condition of tbe Senate’s endorsement of
the bonds of the Macon and Brunswick
Railroad.
Resolution submitted by the Committee
appointed last sessiou to investigate tbe
condition of tbe PioneerCottou Card Man
ufacturing Company.
A bill to repeal an act entitled an act
to repeal the sixth section of the charter
of the Atlanta Medical College assented to
on the 14Ui day of December, 1858, and to
define more freely the powers of the Board
of Trustees of said College, and to enlarge
said Board.
To make it a penal offence to hunt with
fire at night in tbe counties of Brooks,
Floyd, Thomas and Randolph.
To consolidate and amend the several
acts incorporating the towu of Lumpkin,
in the county of Stewart, and to grant
certain privileges to the same.
To define the true iuteut and meaning
of seeiiou 3,652 of the Code of Georgia.
Mr. Candler gave notice that be would
move to-morrow morniDg to reconsider
tiie action of the Senate in adopting tbe
report of the Committee on Enrollment
recommending tbe employment of addi
tional clerks.
Mr. Wooten rose in support of referring
tbe report of the Joint Committee on State
endorsement of bonds of the Macon and
Brunswick Road to the Judiciary Com
mittee.
Mr. Speer moved to extend the session
one hour longer. Motiou was lost.
The hour of adjournment having ar
rived, the Senate adjourned.
House. —House met pursuant to ad
journment.
Prayer by Rev. Mr. Crumley.
Mr. Carpenter—A resolution to appoint
a joint committee to inquire into treatment
of convicts. Rules suspended and resolu
tion lo9t.
BILLS ON FIRST READING.
A bill to authorize Ordinaries to levy
taxes for certain purposes.
A bill to incorporate the Albany and
Columbus Railroad Company.
A bill to change the timeof holding the
Superior Courts in the county of Fierce
A bill to change the time of holding Hu
pei ior Courts in tne county of Putnam.
A bill to restrict the jurisdiction of the
Superior Courts in criminal cases.
Also, a resolution stating the construc
tion heretofore put on the 14th article, and
acknowledging the supreme power of Con
gress.
A bill to authorize the appointment of
Commissioners by Ordinaries to assess
damages by mill dams.
A bill to regulate the manner of letting
out the State printing.
A bill to reorganize the Georgia Mili
tary Institute, and to take the Capitol
Buildings at Milledgeville for that pur
jiose.
A bill to extend the jurisdiction of Con
stables in Murpby county.
A bill to entitle maimed soldiers to ex
hibit magic lantern shows iD this State
without taxation.
A bill to restrict county officers in cer
tain cases in Decatur county.
A bill to change the lines between the
counties of Haralson and Polk.
A bill io define the liability of securities
on debts.
A bill to incorporate the Georgia Life
Insurance Company.
A bill to repeal tbe act incorporating the
White Oak Manufacturing Company.
A bill to punish officers who wilfully
refuse to open the polls and hold elections
at precincts in their counties
A bill to authorise the Ordinary of Cher
okee county to retain taxes to build a
court house.
Also, a bill to require all tax payers in
tbe State to give in and return all gold
aud silver coin.
I A bill making it a penal offence for
mortgagers to dispose of mortgaged per
sonal property without consent of mort
gagee.
A bill to prescribe the amount and way
of collection of Solicitors’ General fees, in
the Eastern Circuit, in insolvent cases.
A bill to extend tbe time which is al
lowed tax collectors to make final 9ettle
neuts with the Comptroller General.
A resolution that after Friday, the 29th
inst., uo new matter shall be introduced.
Lost.
A bill to require Sheriffs In Thomas
county to execute writs from Justices’
courts.
A bill to amend the charter of the town
of Cartersville.
A resolution requiring the Hon. N. S.
Angier to report what amount had been
drawn for postage, and whether such
amounts have been drawn on warrants or
not. Rules suspended aud resolution
taken up.
Mr. Lane moved to refer it to the Re
trenchment Committee.
Vote was taken on the motion to refer
to the Retrenchment Committee and lost
The resolution was theu adopted.
BILLS ON THIRD READING.
A bill to apportion certain roads in Cobb
county for work by Concord Manufactur
ing Company. Passed.
A resolution to have five hundred addi
tional copies of the Comptroller General’s
report published, in view of the valuable
information contained therein. Rules sus
pended.
Tbe resolution was adopted.
Leave of absence granted to several
members.
House adjourned till to-morrow morn
ing 10 o’clock.
Tuesday, January 26, 1869.
Senate.—The Senate was called to
order.
Prayer by Rev. Dr. W. T. Brantley, D.
D.
Mr. Candler moved to reconsider the
action of the Seriate yesterday in adopt
ing the report of the Committee ou En
rollment; recommending that the Secre
tary employ five additional Clerks, with
the amendment of Mr. Wooten, provid
ing “that the Secretary be allowed to em
ploy from time to time sueh additional
Clerks a-< are necessary, subject to the ap
proval of the Senate.”
Mr. Candler in supporting the motion to
reconsider, stated tiiat it was wrong to ex
pend the public money without a consid
eration therefor The Clerks are not
needed. The law provides for seven,
which are sufficient. Yet there are ten
Clerks (he could give their names, if
necessary,) employed. Men who were
paid at last session for services never ren
dered, were now here. If there were not
ten, let tiie Chairman of the Enrollment
Committee give tiie names of those em
ployed to the Auditing Committee, so that
committee would know whose accounts to
audit. Why this lavish expenditure of
money? The Legislature that assembled
in 1863, ouly employed five Clerks in the
Senate, until a few days before adjourn
ment. The Secretary is importuned daily
to appoint Clerks, aud members are called
out by applicants to get tlieir influence
with the Secretary iu securing a position.
The law makes it the duty of the Secreta
ry to inform the Seuate of the necessity
for additional clerical force, but the Senate
reverses the rule, and tells the Secretary
he needs additional Clerks. Why borrow
mouey at ninety cents in the dollar to pay
to inen who have nothing to do, nine
dollars per day, for services not render
ed, and provide places for kindred and
friends at the public expense? This was
the most extravagant Legislature that
ever assembled ou the American con
tinent. Officers with salaries affixed,
would receive a large increase under the
head of “For extra services rendered,”
aud the General Appropriation Act is so
liberal that anyone can draw for almost
any kind of service, whether rendered or
not. There are numbers of good business
men who would take the entire clerical
work of this hody for fifty dollars per day.
He urged the Senators to pause in this
reckless extravagance. He had nothing
to say against the clerk 9, but the princi
ple was wrong. It was taking money
from the pockets of the people who pay
taxes. Members should remember that
they sit here as the servants of the people,
aud not the sovereigns.
Mr. Speer opposed the motion to recon
sider.
Mr. Candler called for the yeas and
nays.
Being sustained iu the call, the vote
stood yeas 19, nays 16. So the motion to
reconsider was lost.
The unfinished business of yesterday,
being the motion to refer the report of
the Joint Committee ou the Condition of
he Endorsement of tbe bonds of the
Macon and Brunswick Railroad by the
State to tiie Judiciary Committee, was re
sumed.
Mr. Wooten having the floor, resumed
his remarks in favor of referring.
A message from the Governor, with the
17th Annual Report of the Blind Asylum,
was received.
Messrs. Hinton, Winn and Moore, sus
tained the motion to refer the report of the
Joint Committee to examine into the con
dition of the State endorsement of the
bonds of the Macon and Brunswick Rail
road to the Judiciary Committee in able
efforts.
Mr. Moore moved the previous question,
which was sustained.
Messrs. Speer, Smith (7tb) and Nun
nally opposed, and Messrs. Burns and
Merrell sustained the call for the previous
question.
The motion to refer to the Judiciary
Committee was put and lost.
The motion to recommit to the same
Committee was put and lost.
The Report of the Committee was then
adopted byyeas 2G—nays 10.
Mr. Winn gave uoticeof a protest against
the action of the Senate.
The following bills were read the first
time:
To prevent the sale of lottery tickets in
this State.
To provide a common school system for
the State.
To amend the laws relative to suits
against railroads.
To authorize agents and attorneys to
make oath to pleas where parties are non
residents.
To fine and punish parties for removing
partnership fences.
To make valid the acts of certain notary
publics.
To law off and organize anew county
out of the counties of Pike, Monroe and
Upson, to be attached to the Fliut Judicial
Circuit, and the Fourth Congressional Dis
trict.
To give physicians and surgeons lieus
on the property or employers
To fix the fees of Clerks of Superior
Courts in certain cases.
To fix the fees of Ordinaries in certain
cases.
To amend section 3,6-57 of Irwin’s Code,
and to fix the fees of County Surveyors.
For securing and collecting costs, and
for computing fees and costs when paid in
currency.
To provide for taking down evidence in
crimiual cases in short hand.
To allow the Ordinary of Coweta county
to retaiu 33£ per ceut of the State tax, for
the building of a jail in Newnan.
To amend the act changing the lines
between the counties of Talbot aud Meri
wether.
To repeal section 2533-5 of Irwin’s Re
vised Code.
To amend the act incorporating the
Union, White and Lumpkin Turnpike
Company.
To give Ordinaries jurisdiction incases
of nuisance.
The following House bill was read the
first time:
To repeal the act amending the sixth
section of the charter of the Atlanta Medi
cal College, and re-enact the original sec
tion.
The following House bill came up and
was read the second time :
To authorize the boldingof the Superior
Courts in the counties of Clarke aud Bald
win, and the drawing of juries therefor.
Referred to the Judiciary Committee.
Mr. Candler, chairmau of the committee
to assign rooms to the various comm ttees,
reported that they had discharged that
duty. Report received and adopted.
Mr. Speer offered a resolution that the
Finance Committee be instructed to in
quire as to the number of copies of Irwin’s
Revised Code furnished the SUte since the
adjournment of the last session, and the
amount paid. Adopted.
Senate theu adjourned
The following ,« the vote on the adop
tion of the report of the committeeon the
bonds of tbe Macon and Baunswick Rail
road :
Yeas—Adam9, Adkins, Bowers, Col
man, Collier, Corbitt. Dickey, Fain,
Graham, Griffin, (6th.) Hicks, Holcombe,
Hungerford, Merrell, McArthur, Mc-
Whorter, McCutcben, Moore, Nesbitt,
Richardson, Sherman, Smith, (the 71h,)
Smith, (36. h,) Speer, Welch and Well
born—26.
Nays—Bruton, Burns, Candler, Gignil
iat. Harris, Hinton, Jordan, Lester, Winn
aud Wooten —10.
Absent or not voting—Anderson, Brock,
Griftiu, (2Ut,) Higbee, Joues, Nunnal
ly—6.
House. —Tbe House met pursuant to
adjournment.
Prayer by Rev. Mr. Crumley.
BILLS FOR THIRD READING.
A bill to remit tbe tax of Stewart county
for paupers. Lost.
A bill to prevent obstructions being
placed in Bluff Creek, iu Pulaski, aud
Cedar Creek, in Wilcox county. Laid ou
tbe table.
A bill to authorize the Treasurer of
White county, to receive jury certificates
in payment of all dues to tbe county.
Mr. Erwin, amended by inserting Hab
ersham, which was agreed to —and the bill
passed.
A bill to incorporate the town of Tryon,
in the county of Chattooga.
A bill to change the hues between the
counties of Gilmer and Pickens. Recom
mitted.
A bill to authorize the Ordinary of Ful
ton county to issue bonds to the amouut
■of $22,000, to meet outstanding bonds.
Passed.
A message was received from the Senate,
stating that that body had passed a bill
changing the Hues between tbe couuties
of Carroll and Campbell.
Also a bill to exempt members of certain
Fire Companies from jury duty.
Mr. McCombs, moved to suspend rules
to introduce to following bills. Rules sus
pended.
A bill to pardon out convicts in Georgia
Penitentiary.
Also a b g uja I e employment of
Overseers onPeoH|nary.
Mr. suspend rules
to take for first reading.
Rules suspeuwd,aud the following bills
read first tjjpe./ M
A bill Cotton States
Life Company, Ga.
A bill ta-ftpuend the act 4iicor(>oratiug
tbe ForlWsTley Loan aud Trust Company.
A bill toincOTporaLwfle Tryou Railroad
Company.
A bill to consolidate the Mock of the
Albany and Gulf Railroad.
A bill to regulate service of summons
on witnesses iu Chatham county.
A bill to incorporate tbe Atlanta Agri
cultural Implement Manufactory.
A bill to exemptfrouajury duty mem
bers of certain Firtfcumpatiies.
A bill to c line between the
counties of Carßpfell and Carroll.'
BILLS gEAD FIRST TIME.
Tbe business of Judicial Circuits :
A resolution looking to retrenchment
and making a day.
A bill levying a rax of ou% dollar per
bead ou dogs.
BILLS READ SECOND TIME.
A message was received from bis Excel
lency the Governor, stating Jlhat, be had
signed tiie
A bill Lp legalize tbe juries drawn for
the counties of Polk' aud Floyd, aDd to
authorize the boldiujf* of -(Superior Courts
iu said couuties.
Also, a resolution authorizing advance
of pay to meiwbers and clerks of the Gen
eral Assembly. >
A repmjif' was made by Mr. Sisson,
Chairman of the Special Committee, as
signing rooms to standiug committees.
A message was received from his Excel
lency the Governor, submitting the 17th
annual report of the Academy for the
Blind.
The Finance Committee report that
they have had under consideration a bill
to appropriate money to the State Agricul
tural Society, and recommend that it do
not pass.
Mr. Barnurn—
Resolved, That seats V>o provided on
this floor for three additional reporters for
the State at large.
Mr. Barclay—A substitute, that if any
reporter of the State press desire a seat on
the floor, that they make application
therefor.
Vote was taken on Mr. Barclay’s sub
stitute and it was adopted.
Mr. Lane moved to take up a resolution
relating to the disabilities imposed upon
citizens of this State by the Fourteenth
Amendment, aud memorializing Congress
to remove sueh disabilities, for the pur
pose of referring the same to a special
committee of five.
Rules suspended and resolution read.
Mr. Lane said, at the suggestion of some
gentlemen, he would increase the number
of the committee to seven, one from each
Congressional District.
Mr. Bryant said that he would like that
it be made the special order of Thursday.
In giving his reasons, he said that he had
already said that something had to be
done or it would be too lute.
It is already known by gentlemen of
this House that I approved similar reso
lutions. I think now that they will be
useless unless something else be done.
He had a plan that, were it followed, it
would lead to a lasting peace. He had
information that justified him in saying
that something must be done at onc9, or
it would be too late to compromise. He
wished this question to come up, and
hoped amendments would be made that
would settle the whole matter.
After an animated discussion,
Mr. Price moved to postpone indefinite
ly. Motion prevailed, and the whole
matter postponed indefinitely.
Mr. Darnell—A resol ution'that 500 addi
tional copies of the Governor’s Message be
printed for general distribution. The
House refused to suspend the rules.
Mr. Crawford—A resolution to appoint
a Joint Committee to go to Washington
for the purpose of settling our present
difficulties.
Mr. Price—A resolution stating that in
formation had been received that a body
of lawless men were depredating on the
good citizens of Warren and Taliaferro
counties and doing great damage, and
appointing a Joint Committee of the
General Assembly to visit these counties
to investigate the state of affairs, with
power to send for persons and papers, and
to report back to this body wbat action is
necessary to quell these outrages if they
do exist.
Motion was made that ttie counties of
Columbia and Wilkes be added.
Mr. Barclay said that be had no infor
mation of the existence of such disturb
ance nf the public peace io tbe counties
named, but that in his section of the Htate
breaches of the public peace by lawless
bodies bad been very coramoD fer eight
years past.
Mr. Rice said that the condition of the
State was bad in regard to public peace,
and that be had the same reason for ob
jecting to the resolution as was read by
the gentleman from Mclntosh.
Mr. Crawford said he would have said
nothing about this matter had it n6t been
for tbe general a-sociation made by tbe
gentleman from Columbia. In bis sec
tion of tbe State these charges were false—
the people were never more law abiding
and peaceable in his knowledge, and if
this state of affairs did exist other sec
tions, something must be wrong; he made
no objection to tbe appointment of tbe
committee, but that be did object to the
general assertion that such state of affairs
did exist all over the State.
Mr. Rice said that he did not mean that
this condition existed in every county in
the State, but that complaiuts bad come
up from several counties in regard to this
matter.
House adjourned till to morrow morn
ing 10 o’clock.
Wednesday, January 27.
Senate. —Tbe Senate was called -lo or
der by the President. Prayer by Rev. Mr.
Hinton.
The Secretary read the journal, which
was approved.
Mr. Winn moved a reconsideration of
tbe action of tbe Senate relative to the
state’s endorsement of tbe bonds of the
Macon and Brunswick Railroad. Laid on
tbe table.
VOL. LX.. NO- 40.
RKFORT OF COMMITTEE.
Mr. Harris—The Finance Committee
| report they think uo additional legislation
; for educational purposes necessary.
PETITIONS.
Mr. Graham Praying relief for N.
i Smith, Tax Collector of Pierce county
Referred to Committee on Petitions.
REPORT OF TMF. JOINT STANDING COM
MITTEE
To investigate claims in the hands of J.
H. Pen field, Ageut of the Hartford Rifle
Company, report that after mature inves
tigation they believe the claim to he just,
and would be held so by the courts; there
fore be it
Resolved, Thata committee he appoint
ed to draw a warrant on the Treasurer for
its paymeut.
Mr. Holcombe—That 100 copies be pub
lished, and made special busiueas for Mon
day. Passed.
RESOLUTION.
Mr. Speer—That the s-ecretarv furnish
each member with five dollars' worth of
stationery and account be kept of it. Laid
on the table.
Mr. Merreil, from the Committee on the
Judiciary, rt ported a bill to be entitled an
act to authorise jurors to he drawn for
the Jauuary Term of the Superior Court
of Chatham couuty, and for oilier Supe
rior Courts, and city courts which may
be without jurors—draw according to law.
Passed.
SUSPENSION OF RULES.
Mr. Holcombe —Whereas, the Senate
has information that Governor Scott, pre
sent Governor of South Carolina is pre
seut, be it resolved, that a scat be tendered
him on this floor. Passed.
HOUSE BILL HEAD SECOND TIME.
Mr. Smith—A bill to repeal an net en
titled an act to repeal the sixth section of
the charier of the Atlanta Medical College,
assented to on the 14th day of December,
1868, and to define more freely the powers
of the board of trustees of said College,
and to enlarge said board.
Mr. Speer—That it he referred to three
physicians. Passed. The committee ap
pointed were Messrs. Smith, Moore and
Hicks.
RESOLUTIONS.
Mr. Wooten —That the Committee on
General Education inquire as 'o rales of
tuition at the Slate University, and to in
quire if the same cannot be reduced w ith
out detriment to the University. Pa-sed.
Mr. Candler—That the Secretary of the
Senate be directed to furnish to the State
Treasurer, a certified copy of tin* report of
tiie Enrolling Committee, us adopted l>y
tile Senate authorizing the employ moot of
additional clerks. Adopted.
Mr. Fain —That the Finauce Committee
he instructed to iuquire and report to the
Senate the numberof copies ol the Public
Laws passed by the last session of tiie
General Assembly, and ordered by a Joint
resolution of tiie Legislatuie for distubu
tion to tliecivil officers of Hie State, uml
the amount paid per copy, and the* total
amount for Die same. Adopted.
Mr. Hungerford—ln certain counties,
persons are driven from their homes, and
property destroyed, on accouul of their
politics.
Resolved, That tiie Senate furnish them
protection Laid ou the table.
Mr. Lester—Whereas, It appears from
the statement of the Senator from the
17th district, that Columbia county has
declared war against the United Slates of
America; and, whereas, it is probable that
tiie said county will over* helm the whole
force and power of the Government of the
United States ; be it
Resolved, That the sympathies of the
people of Georgia are due, and they are
hereby tendered, to the United {states, in
this time of seve.'e trial.
Announced out of order.
Senate adjourned.
House—House met pursuant to adjourn
ment, at 10 a. M. Prayer by the Rev.
Mr. Crumley.
Journal read and confirmed.
Mr. McDougald moved to reconsider the
bill lost yesterday, remitting tiie taxes of
Stewart county for 1869, for the purpose of
building a jail. Reconsidered, and motion
to suspend rules wh< lost.
Mr. Lane moved to reconsider Ins reso
lution lost yesterday. Motion to recon
sider prevai ed.
Mr. Madden offered as a substitute a
resolution appointing a committee of lour
from Hie House and from -ion ile,
to proceed to Washington City and confer
with Congress with a view to reseating
the negroes in the Legii-lature. W hole
matter referred to tiie Committee ou the
State of Lite Republic.
Mr. Price—A resolution tendering the
Hon. Mr. Easley, of South Carolina, a
Beat in the House during his stay In tiie
city. Adopted.
BILLS ON FIRST READING.
A bill facnitatiug the settlement of co
partnerships in case of death.
A bill amending the act imposing a tax
of one hundred dollars ou circuses, insert
ing twenty five dollars; also,
A bill for the relief of J. Roseufield &
Brother.
X bill for the relief of A. J. Bankston.
A bill allowing John Sheffield, a disa
bled soldier, to peddle without license in
the couuty of Camden.
A bill allowing Win. J. Wilcox to ped
dle without license in the county of Coffee.
A bill carrying into effect ttie 3d section
of the 14th article of the Constitution.
A bill changing the lines between the
counties of Johnson and Emanuel.
A bill incorporating the Savannah Bank
& Trust Company.
A bill amending the act incorporating
the town of West Point.
A hill changing the lines between tiie
counties of Henry and Butts.
A bill legalizing all tiie acts of James
T. Harrison, Deputy Clerk of Jackson
county.
A bill for the relief of certain maimed
soldiers.
Ou motion of Mr. Lee, a message from
the Governor, euit>odyiog tiie report of
Western & Atlantic Railroad, was taken
up and read.
A bill for the benefit of physicians, and
for other purposes.
A hill changing the time for holding
Superior Courts in Muscogee county ;
also, a bill in reference to the custody of
trust money.
A bill repealing section 266 of Irwin’s
Code; also, a hill repealing section 1887 of
Irwin’s Code.
A bill authorizing the Tax Collector of
Pickeus county to receive Jury certificates
in payment of taxes.
A bill requiring owners of stock to pre
vent their running at large.
A bill amending the act providing for
the setting apart of realty and homestead.
A bill extending amne-ty to all guilty of
crime prior to JuLe Ist, 1860.
A hill Incorporating tiie Athens Mutual
Loan Association ; also, a bill ameudiug
the charter of Americas.
A bill compelling tiie Ordinary of Tatt
nal county to keep his office in Readville.
A bill requiring agents for foreign in
surance companies to take out a license
before eommeDCiug business.
Mr. McCullough, Chairman of the Com
mittee on Counties and County Lines,
made a report, recommeuding the pas
sage of several bills.
A resolution requesting Mr C. W.
Howard to address the Legisature, on
Thursday next, ou Die subject of agricul
ture. Rules suspended and rcioutiun
adopted.
BILLS ON THIRD READING.
A bill amending the act incorporating
the town of Jonesboro. Passed.
A bill defining tiie boundary line be
tween the counties of Clay and Randolph.
Passed.
A bill changing the line between the
counties of Clay aud Wilcox. Passed.
A bill changing the lines between the
counties of Glasscock and Washington.
Bill indefinitely postponed.
Mr. Price reintroduced a resolution ap
pointing a committee of three to investi
gate charges of lawlessness in tiie counties
of Taliaferro aud Warren, and to report
why thecivil authorities have not brought
tiie offenders to justice. He read an ex
tract from the New York Tribune, show
ing that Mr. Greeley believed accounts of
Southern barbarism exaggerated.
Mr. Scott, of Floyd, offer,*laju» >sUitute
that the Committee od the state or me
Republic be instructed to investigate these
charge* of lawlessness, with power to send
for neraous and papers, and to rep rt the
result oftheir investigation, to this House,
at the earliest day practicable.
The veas and nays were called on trie
adoption of tbesuuslitute. Yeas 49; Nays
i House adjourned.