Georgia journal and messenger. (Macon, Ga.) 1847-1869, February 02, 1869, Image 1

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L w. 15URKE & CO. GEORGIA JOURNAL & MESSENGER JVJ mKB & CO., Proprietors. ... v 0 60 SECOND STREET, MACON, OA. g VTEii OH aiIWCBIPTIOfI. •]., -ee Month* j jj* One Month * oo T*i-»*" £I ’Six Months 2.50 „ Tliree Months 1 50 v ojj Months 100 . .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.