Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, March 19, 1866, Image 1

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Newspaper Page TextWM. A. KEID & Co.,] NEW SERIES,! A Family Journal for .he Dissemination of General Intelligence, Miscellany, Agricultural, Commercial, Political and Eeli"ious Information. [PROPRIETORS MACON, G-A., MONDAY, MARCH 19, 1866. VOL 1, NO, 17 TKLKOliAPH PUBLISHING HOUSE. WILLIAM A. REID &Co., Proprietors. J. H Sneed.] [S. Bovkix. EDITORS. Term* of Subscription : Georgia Weekly Telegraph: St 00 per amuun. Macon Daily Telegraph : 812 00 per annum. JOB PRINTING: gf Particular attention will be Riven to tbe execution of JOB PRINTING of every descrip- WORDS OF COUNSEL. We confess that we distrust, our own judg ment as to tho course which our people ought to pursue, in these days! of peril and uncertainty; but, assuming, as a strong probability, that our State will soon be ^illy reinstated in her domestic administration, wc venture to make a few suggestions for the consideration of the people. First, wc say that the Southern people should be slow to yield the belief that, come what will, the Southern race shall rule in State politics, in monetary matters and in so cial life. To become, under any circum stances, the subject of our quondam slaves, or the passive creatures of an alien despotism, or the hewers of wood and drawers of water to an overpowering immigration, is out of the question: martyrdom would he altogether a preferable doom. To these things the spirit, the genious, the enterprise and the manhood of our people will never—no never—submit. We can die, but we cannot live the Tassals of any people on earth. ' But is there any jnst grounds to think that these inflictions will bo visited upon us? We think not. Then let us hold steadily to the idea that Georgians shall yet rule Georgia under her own constitution and laws, and un der the constitution and laws of the United Slates; and let us act up to this conviction- Again: In some parts of the South the spirit of immigration to Mexico, to Bra zil and to other places, prevails to a consid erable extent, and bus been discussed in our own State more ns a future necessity than a present purpose. Emigration is, indeed, a deplorable alterna tive. In most cases, the removal of families with ample means from the skies and soil and friends and associations of all the past of life, involves the sacrifice of happiness, even when the removal is to a country where ex ists the benign sway cf a good and settled government; but to remove to a revolution ary state, where there is a mixed population, where various languages aro spoken, and where the social habits arc different from ours, is unconditional folly. The old and middle aged would soon wilt and die, for adult hu man beings flourish under transportation as rarely as full grown trees. "Privation, dis comfort, jealousy and social and political proscription await them wherever Jhcy may choose to go. And, with reference to gov ernment, where, on this continent, can we go without the risk of revolution and its at ton dant horrors? To the empire of Maximi lian? Just now’, it is true that government presents all the promise of permanence, but our own government is jealous, and there is no telling what the popular frenzy may de. maml at its hands. War is not impossible, and under all the circumstances wc consider it better, iar better, for us to remain at home, and with unflinching firmess, take the chances of our own future, and going steadily to work,provide for that future.And it is as bad or worse to venture to the forests of Brazil, or to any of tha South American States, and in the midst of a foreign population, encounter life in the woods. View him as you will, in ninety-nine cases out of a hundred, an exile is a miserable creature. Maury’s manifesto, which is intended to invite emigration to Mexico, advises the combination of a number of persons, provided with all the/ means of comfortable living, nud armed so as to repel violence and outrage to person or property. This may suit the young and adventurous, but the conditions are not very inviting to the aged and men pf families. n o more, the interest of the South ro- rjoires that we accept, ns incontrovertible facts, the conditions of our position—not po litical condition, for these are yet to bo ascer- tained. 'WKKtti The conditions to \vhich we refer are, the loss of more than half our available property ln the freedom of our slaves; new and untried relations towards those slaves, who, poor ar -'-l averse to labor, are demoralized by the ’itense of unappreciated liberty; a necessary ehange in our agricultural system, and in our method of securing labor; the mournful loss of one-half of our young' men by the ravages °f war; our homes desolated; our schools disbanded; our institutions of learning para lysed by poverty, our ministers driven from their charges; and our churches all crippled. These are melancholy conditions truly, but they are not remediless. Concede to them their roost adverse bearing, and yet wc need not— should not yield to despair beneath their mighty weight. On tha contrary, with minds and hearts rising above adversity we should diligently avail ourselves of the means still left at our disposal to retrieve our misfortunes ever remembering that it is not in prosperity that true strength of character is displayed, l>ut when men in adversity rise triumphantly superior to its trials. The great question of the day for us is: how ►hall we rise superior to the trials of adversi ty? The following hints may be useful: Let u mnnd, and let us view in the near future the uprising of the bright and glorious sun of prosperity and happiness. Let us conquer the vindictive passions that war has engendered, and, if possible “love our enemies;” this is a Christian duty, and that is not all—these passions are as injurious to the moral man as mineral poisons are to the phys ical man. They corrode the heart and enfee ble the intellect And, besides, tho course they would indicate comes not within our sphere—retribution lielongs to the Almighty If wc would, wccould not avenge our wrongs. One of the chief.agents of our recovery is economy; for wc are poor, and wo must learn to reduce our expenditures below our income, and, for a time, eschew the displays of fash ion, the indulgences of luxury and tho haz ards of speculation, And we must set ourselves vigorously to work to mend up our broken fortunes. In dustry it the master of want; and its recupe rating power adversity cannot withstand. In our country competency has always been with in the reach of industry. Tho brow shall sweat—but the laborer shall cat bread. This is the primal and irrevcrsable law, aud there is in it both a curse and a blessing. Indeed, it may be well, questioned whether the virtu ous laborer in a Christian land is not the hap piest type of mortal man. Wc should, there fore, go cheerfully to work at some business, calling or profession. What noble example is set us by the wise and brave and virtuous Lee! Whilst tho nations of earth with loving acclaim proclaim his greatness, he quietly re tires to work at the head of one of the insti tutions of his native State! Labor is dignified; and it harmonizes beau tifully with the order of creation, with the destiny of man in tha world and with his hap piness and love. Among thopleasantest sounds of this earth is tho ring of the anvil, the whirr of machinery, the plow-hoy’s whistle, and the SPEECH HON. R. J. MOSES, OF MC8C0GKE, On n Motion to take up n Rill to Relieve Banks anil Bnnk Officers from the Fains and Penalties Contained in Section -1324, •132G of the Penal Code. [DELIVERED ox SATURDAY, 40TU MAR CD, I860.] Mr. Speaker: In moving to take up this bill from the ta ble, I fear that I make a fruitless effort.— When I review the course of the Legislature upon thetyroposition to relieve the Banks in jtny shape or form, I am taught by the lessons of the past that there is no hope of justice from this body in any application which may be made to it for relief. On yesterday, when tbe Senate bill came np, the ten minutes rule was put upon us, and to-day, on a motion for reconsideration, the previous question was called and debate entirely cut off:, by your vote upon that proposition, you refused to reconsider a vote which the people must in evitably seal with tbeir condemnation; yon are mistaken in supposing that in yielding to the prejudicies of the past you meet the de mands of tho present. I say to you in my place as a Representa tive, that the legislation of yesterday, no foundation in justice, was contrary to the best interest of your constituency, and will not be approved by the sober second thought of the people. I know that it is difficult to overcome pre judice, and I have scarcely a hope that I shall be able to persuade you to take up this bill, and give some relief from pains and penalties which arc the result of your previous legis lation, whereby the very acts which are made penal wero forced upon the petitioners. If a majority of this Legislature desire to discharge conscientiously the responsible du ties imposed upon them—if the end you nim at is the protection of the rights of your consti tuency—if you desire to save from irremida- ble ruin a large class of your fellow-citizens whoso present condition is the result of pre vious legislation, over which they had no control, and of patriotic impulses, which itn- I pcllcd them by a loan of their bills to save tho people from taxation and furnish ” of its birth! That relief was that tho Banks J circulation of thecountry, and that until 1802. should loan, to the Confederate Government, : before which time, nearly all the bills and every bill whicli they had in their vaults.— notcs discounted by tbe Banks, amounting to These bills bore date as far back .is 1850. and j the remaining seven millions, must have fallen none of them as late ps June. 1881., due, that these notes must have been paid To lend these bills without sccuritj’ 'was I back to the Banks in Bank bills, or that the not a business transaction. It was not the I people who owed the Banks took advantage exercise of any power granted to the direc- of your stay laws, failed to pay their notes, tors by virtue of the Bank charters. It was not a power implied in any of the customs of Banking. It was a naked satiation of au thority "on tho part of tlie Bank officers.— They derived their pow;r only from what was "then thcsublii at cftlio country. Banks, people, everything that could thick or feel from the Potomac to the Rio Grande, acted upon the one unselfish impulse: “Sink or swim, live or die, survive or perish, I stand by the revolution.” The directors yielded to this sentiment and loaned tlieir notes and credit to the Confederate Government. The people applauded it. The widow, whose whole means of support wds vested in these I . , ,, . , P . „ . stocks assented to it, as her heart swelled J to comply with the impossible condition of re with patriotic pride at the bright future i turning specie payments, or that they should which her too sanguine imagination pictured 1 “receive in payment ot all debts due them to her senses. Tlie stockholders all cried i Confederate or State Treasury notes and amen • and many of them sealed the cove- them as a necessary equivalent and withheld the Bank bills, for the pay ment of which they.are now clamorous, in or der that under further legislation they might be able to pay their indebtedness to the Banks in Confederate money when it might become still further depreciated. If the Bank notes were indeed, held up by the debtors with this expectation, the Legislature of 1862 was faithful to its trust: it did not “hold the word of promise to the ear and break it to the hope.” In 1862 the Legis lature passed an act which required the Banks whose circulation (under the pressure of State and Confederate State necessities) had expanded from 7 to 14 millions (at that time) The iAssets, when collected, will pay 10 cent.- bam, Km sell of Muscogee, Scandiett, anead in gold for each dollar in circulation. He ! Swearingen, Tucker, Vasoa, Wicker, calls on the bill-holders to come and receive | i v ‘. «ro-~Bur^’hvr“ #0 p;t?'T d ' $°"X’ of r? a , r their distributive share ; A. the farmer, and ! son, ot WaU. r: Uox^'uurln^ Eilm- B the broker, each, appear and present their I ton, Kvios, Flncaonon, French, Frost, Gknn, Gro- separate bills. 1 The Receiver replies, here is ' i- aD » Hall, Hand, Harlan, Hargett, Howard, of Bar twenty dollars in gold for the two bills; you S ? ^ v: . 1 rl l’.Lttjapkfn; Hudson, Hughes, of nant with their blood, leaving their depend ent orphans to the care of a grateful country Alas! how little did they dream, when up the right to -pay out the same currency for all demands made upon them, thus, so faros legislation could, i do it, actually the song of the reaper at harvest home. . The negro race ittnong us will probably, in j which toted thTfanlbhing mot the course of a few generations, become almost j ; n t j, e j, our 0 f t ;, e j r 80rc distresses—if these extinct. If this is not so; history demonstrates | ore your objects you will hear me: no fact. Their numbers are now one-third less than before the war. As slaves, they were prolific; as freedmeu, promiscuous cohabita tion will stint the yield of progeny. As slaves, they multiplied rapidly, fostered by the char ity of masters stimulated by interest; as freed* men, incapable of family life, and proverbial ly negligent of children, their offspring will rarely reach maturity. Their old meD, their feeble women and children will soon die, and thus the race will rapidly diminish. Our late enemies boast that from the limbs of four millions of human creatures they have stricken the chains ■ ot servitude, and the nations of earth rise up and shout all hail! Would that the world could im- derstand the real facts of the easel The truth is, they have slain the slave in order to make him a freeman, as the Inquisition was j wont to burn a heretic in order to make him That the legislation of yesterday is destruc tive to both ol these objects, I have no parti cle of doubt. It deprives the honest bill-holder of all participation in the fair distribution of tlie assets ot the insolvent Banks. It postpones their just claims to the specu lative demands of brokers, who have paid but a nominal consideration for tbe bills which they hold against the hanks. It forces your citizens to pay with tlie rem nant of their property to brokers and note shavers tlie speculative margin between the price paid by them for Bank notes and the nominal amount called for on the face of the bills. It ignores the claim of the widow and the orphan, of the guardian nud the trustee, while it tenders a premium to sorded specu lation at the expense of tlie virtue and patrio tism of the children of the State entitled to the protection of your laws. If I can prove that these are the consc- ! qucnces of your refusal to grant tho relief holding amidst the storm of battle the starry i converting Confederate aA*. State Treasury banner, on which was inscribed the rights I notes into a conventional, if not a legal ten- and honor of Georgia, that the day would \ der; for whatever the Banks were obliged to come when their children, applying to a receive and pay out Irom their counters, at Georgia Legislature for whatever relief lhc once, became the currency ot the country.— law allows, would receive foranswer the reply 1 Thus by legislation you transmitted the as- of the Honorable member from Troup, (D,-. j of the Banks into Confederate and State Ridley) “though a* speculator may have J Treasury notes. All the bills discounted, bought up these evidences of indebtedness at | hitherto payable in gold and silver or its 10 to 20 cents in the dollar, though he may i equivalent, by this simple act of legislation proceed to recover judgment against these ; became payable in the same currency, and stockholders for one hundred cents in the dol-! coukl have, been thus redeemed had they been lar: I w 11 give no relief,” although the widow presented for payment at any time between may he driven upon the world homeless and \ Juncl, 186Land June 1,1865. penniless, and the orphan beggared, he has j A want of confidence in. the nltimatc pay- stood by his declaration and refused by vote ! ™ent of any notes used as circulation pervad or word to save them. Docs the venerable member c insider that the stockholders of Banks arc citizens who have suffered tlieir full share of Iqses in common with the rest of the pcople-lhattheseBsnks , nn(J th ~ may bave bcea „ calc ui a ting were so well conducted that they have sur- ^ h ]ack cr ’ n anlidst tho blojdiest hoars «ff vivcil all the financial enses which have oc-, ) * hcn heart liad its sor _ currcd-trom their creation to the commenee.■ ; who Lo ’ rded up tll< f s , bills, relying on ment of the war-tl.at thiy had justly earned th ; crsonal lia bility clause in the Bank char- hc, and that their . ‘ i,', i,,. rr .„r fnr cd the country. Bank notes were regarded as more valuable than State or Confederate Treasury notes, because it was always believ ed that they had an intrinsic value in the re maining Bank assets of 10 to 15 and 20 cents, i 1- x- „ ! asked for by the Senate bill, which you this i 1 t . rue bchever. I ever , . 1 ‘ j morning refused to reconsider, I have a re- islicd that it is the duty and interest of the , motc ^ ^ your prejudic ^ may not Southern people to treat the negro kindly , so fused that you will not consent to repeal to instruct him in mind and heart and iuor- the penal statutes now under consideration, nls—to give him the right of property and You have not only postponed indefinitly him under the protection of the law and to . nanb (Mr. Lawson,) asking a suspension of counsel, aid and direct him, for his own good, j common law suits against the insolvent Banks, in nil things. The Southern planter should until the assignee or receiver, of said Banks retain his lands and test fairly the practice I c ,?« k ?. 1 » ^ ablcd . to marshal the assets and .... ... . , , ,, I distribute them under equitable rules amongst biUty of raising our great staples profitably i tho 9CTeral bm j I0 , der9 . with the labor of freedmen. The rich lands ] You have so legislated that the assets of and fructifying climate of Georgia arc the I tho Banks may be exhausted by the brokers true sources of her prosperity; and our great! who centre in the cities to the exclusion of staples are obliged to be the basis of all oth- j the honest farmers whom you represent and cr profitable pursuits. It we do not culti vate our lands and raise these staple# others will. Thoso lands cannot lie idle. And, be sides, what is to become of that large propor tion of our population heretofore engaged in planting and farming if they abandon tlieir vocation ? For the most part they arc unfit for other pursuits, were such convenient and profitable. But we must hasten to a close. Upon one other point, however, we'will touch: It is that the masses of our people should be brought higher standard of education. Information and knowledge should be more generally dif fused, and papers, books ai.d magazines mere generally disseminated and read. Constant and persistent effort should be made to bring all the young of both sexes under instruc tion, and not one throughout the common wealth should be allowed to grow np in ig norance. All these matters must he acted upon by our people; and the sooner they begin the better. Our nation has entered upon a new career, and foigctting those things which arc behind, we must press forward towards the goal for the prize of national glory, hap- pinesss and prosperity. who will not be advised of the action of this House until those within the reach of tele graphic communication may have secured liens on the available assets of tlie Banks, and the exclusion of the small bill holders, living at points remote from tho telegraph. I have but little hope of nwnkning the justice of this House, now silenced by its prejudices, but it shall not be said that I left any effort untried to convinco your judgments, that the relief asked for the Stockholders, would have inflicted no wrong, and would but partially have protected a large class of your fellow citizens, who stand upon the brink of ruin for obeying tbe laws of tho State and , , ,, , . e , . . o yielding to that common sympathy in our up by a judicious system of schools to a 'truggll, which during the war was invoked by a common suffering. The insincere question has been asked dur ing all c* fM* L.:' Jition, why is it that the Stockholders of Bonks have to ask relief not asked for by other citizens f I fear that a truthful answer is not desired by the propounders, but I will give it, be cause it will disarm prejudice elsewhere, and offer in behalf of these Stockholders the im pregnable advocacy of truth, which you can never successfully combat before the august tribunal of public opinion. In 1860 the Banks of this State had a cir culation of about eight millions. In 1861-2 they had reduced this circulation to less than seven millions. In 1862-3 it was increased to fourteen millions. In 1863-4 it was further increased to seven- I teen millions and on 1862-5, it was about ry: The following circular to Customs officers bitcen millions of dollars. | , . „ , _ . In 1801, when the circulation was about relative to Spanish and Peruvian prize?, was minions, the Banks had for every dol- issued to-day by the Secretary of the Treasu- iar of their issues a representative value in bills and notes discounted, made TnEASunv Department, Mar. 2, ’60. by solvent individuals, falling due, It has been officially announced to this (according to the custom of Bank dis- Governmcnt that hostilities between Spain counts) in 80 60 and 80 days from thdr.date. and Peru have been resumed. It is possible These notes discounted were payable by ope- that during the continuance of such hostili- ration ot law in gold and silver coin, and ties attempts may be made to, bring into the could be paid in no other way unless in United States ports prizes taken from one of! bills of the very Banks by whom the bills the parties by the war vessels of tbe other.— j notes ere discounted. ..... n Customs officers will use due diligence to pre- i ^ ayment of these assets in Bank bills would vent the entrance of such vessels into their re- I have retired, anil consequently redeemed ev- spectivedistricts, excepting when, as vessels in I cry dollar ot bank issues then outstanding, distress, tliev come within the provisions of tlie j 1 ayment m goal would have placed in their 60th section of the Act of March 2, 1789, cn-! possession a dollar of coin lor every bill ' i?sucd before that time, and would, in tact, have left the Banks without any circulation, unless they had made new discounts. If we bad had no war, it would have fol lowed that the Banks would have had no em barrassments, and the stockholders never would have apjienred before you as petition- titled, “An act to regulate the collection of duties on imports and tonnage,” in which case the provisions of that section must be strictly enforced. Collectors will direct the commanding officers of the revenue cutters in i , , _ . , their respective districts to warn all vessels of l l, i roo(1 over our •<>*** »* tfloouiy rctnwpec- ,. jf | ier belligerent that they may find endeuv- u °n, but, acting up to the homely proverb oring to enter the ports of the United States Umt wc must endure that which cannot be • with prizes, or captures in uharge of prize c Ured. let u« drive aAT tlie mnniiKT flond and ■ crews,’that they are not permitted so to do, -- - ... .. . a . - seek to chi <r l • V . . ’ . , except when they seek a port of refuge in dis- i holders fietore you, supplicants, not for char- JT"^'“^ndammatc our hearts by bright | f| * and in this case, the Collectors will ity, but for simple, even-iianded justice. 0,ls of ‘he future. Let us remember that, I promptly notify the Department of the lact Haw did the war bring about this calami- 1 hr all,. ol ir condition is far from being ns | of such arrival, and the circumstances attend- ty f I’iie fc’onlodcrute Government had not asit might be, and that our losses and i nig the same. H. HoCULLOUGH, Secretary of the Treasury, the confidence of the public, stocks were a favorite because a safe invest ment for the funds of estates, and of guar dians having tho capital of minors in their hands? Does the member know that when he wars against stockholders the battle rages between him and this class who represent nearly three millions of the capital stock of the Banks, and are liable for about four aud a half millions of the bills outstanding ? If he docs, let him tremble lest lie may win a victory the fruits of which will be one eter nal accusation of injustice, to which there will b» no countervailing justification ! Does he yet ask why they demand relief not asked for by other citizens? Let the facts which I have shown answ'er him. _ The loss and rain growing out of tlieir position as stockholders is peculiar to themselves; it is not participated in by others. Tlie ordinance of the Convention which protects all other citizens unintentionally excludes them, be cause, from tho circumstances already shown, in regard to the date of the issue of Bonk bills and the custom of Banks to re-issue bills; without regard to the date, they stand within the equity of the ordinance, but not being within its letter, it is unavailable to them “at common law,” and they ask you to establish a rule of evidence by which they may make their defenses in the common law courts. The Ordinance prorides that the debt of every individual occurring between June 1, 1861, and June 1, 1865, shall be tested by cer tain rules which will bring before the jury the truth of the case in order that the verdict may lie ou principles of Equity.” Bank bills, although issued within these periods, bear date (as I have partly shown and will further show in this argument) anterior to 1st June 1861, they do not come within the letter of the Ordinance although entirely covered by its equities and the principle!, on which it is founded. Do the zealous members from Whitcfield, Clarke anil Spaulding, bear in mind that the hill which on yesterday they postponed in definitely, and*this morning refused to re consider, in no letter or word of it, asks for any different rule from that which the Ordin ance applies to every other citizen ?—that in no part of it, does it"ask the Legislature to do what the Constitution forbids, to wit: “Im pair the obligation of a contract”—that it only asks the Legislature to raise a presump tion of law’ consistent with the facts “that the bills, although dated anterior to 1861 were intact issued between the 1st June 1801, and 1st June 1865”—that all- the citizen stockholders asks is that a rule of evidence may lie declared by which the truth can be established at law, as it can be done in Chan cery, so that the equities of tho contract as between tbe citizen stockholder who had no part in the issuing of the bills may staud upon the same footing as tlie note of the cit izen (not a stockholder) who created his own liability—that the stockholder, who is made liable for the payment of a Bank note, loaned to the State on the faith of State Bonds repu diated by the very members who oppose re lief, only/nsks to bo placed on the same equit able basis as the citizen who gave his note fora consideration which has not entirely failc4— that without this legislation you set tle the liability of tho citizen who is not a stockholder on the “basis of truth,” while you settle the liability of tbe citizen who is a stockholder on the “platform of falsehood!” You legislate, indeed, as if the acts of these stockholders in periling theirwhole estates to sustain the revolution was a crime to be pun ished, not a virtue to bo rewarded! The Ordinance without the legislation in corporated in the Senate Bill as amended by the committee on the Judiciary of thi9 House, forces the stockholder to pay a contract on which he is only collaterally bound, according ters, which they hoped would hereafter give them a statutory mortgage on the estates of the noble dead, and enable them to grow rich by linking together patriotism and poverty in indissoluble bonds. , The debtors to the Banks naturally used the cheaper currency to pay their debts, and within a short time after this legislation, Bank bills ceased entirely to be known as cur rency or circulating medium, aud became al together, in their uses, a commodity bartered and sold as corn, flour, bacon, or any other thing of Jrade. They were no longer regard ed as a promise to pay. so many dollars in gold, but were valued entirely by the com munity as representatives of what the Banks might realize out of their assets when the war should close. If we achieved our indepen dence they would be worth much; if we fail ed, they would be worth little. Had the people considered a five dollar bank bill as the representative of five dollars in gold, they would have been worth as much or more than gold, because more portable, and more easily secreted—two very important elements of value. But their price was, in fact, always, during the war, regulated by a different standard, and with the full confi dence of the people that, come wbat might, the State debt held by the Banks, to the amount of about five millions, would never bo repudiated, the Bank bills ranged vari ously at from 60c. to 5c. on the dollar. At these rates they were taken in trade and put away. Now, that one great clement ot their value has been utterly destroyed by repudiation— partly the Work of members of this House— the stockholders ask uot to be relieved from this loss, but that they njay bo allowed to pa these debts according to tlie value at whici they were received by tbe present holders, unless it can bo shown that a different rule should prevail which would still do equity between tlie parties. This is refused, and the member from Whitfield exclaims, to do this would “ impair, tho obligation of con tract” as to these unfortunate stockholders, but ‘he cannot sec how it can possibly be sub ject to the same objection when up2ilied un der tlie same ordinance to citizens, who arc not stockholders. Unless the judicial mind should be controlled by wbat is now falsely deemed a popular prejudice, I apprehend no such untenable opinions from the Courts. It is under these circumstances that this Legislature lias denied to the Stockholders all relief, refusing, even, that suits at common law should be suspended, or an opportunity given to them, to prove the true amount of tlieir indebtedness under the equities of the Ordinance of the Convention. When they expressly say to you that they do not wish to be relieved of their personal liability as Stocuholder.-, but only claim as citizens involved in a common ruin, the bene fit of the rule of evidence applied to your own individual debts, and for tins purpose ask for a law of evidence which will raise a presump tion consistent with the truth. You say no, it is unconstitutional and at the same time claim to pay your own debts under the very identical rule which you refuse to them. When you refused that, the member from Putnam asked you to give them time to marshal their bank assets, that a court of equity might divide the fund among the bill- holders, and save its exhaustion in the de fense of innumerable suits at common law before Justices of the Peace, you rejected this appeal with as much acrimony as you could have done had the Stockholders been enemies’ to your institutions and strangers to your soil, instead of being, as they arc, your fellow citizens involved in ruin by the failure of the revolution. Nay more: You taunt them by asking, why they should be so anxious about the bill-holder I Do you forget that every dollar of the Stockholders’ private property must divide it between you. A, the farmer, says„to the Receiver, this is not right, B, the broker, should not receive as much of this twenty dollars as Ido; I ain informed his bill cost him ten dollars in greenbacks while mine cost produce worth one hundred dollars. The broker replies it is nobody’s business what I gave for my bill; it is just like yours; it bears the same date and is undistinguislinhlc by any mark. The Farmer says, your bill should be sealed jis it was issued on the basis of Con federate currency. The Broker replies, the proof, under the present rules of evidence, is impossible, and your Legislature refused to change it. The result is that the broker takes one of the leu dollar gold pieces and the farmer takes the other. The broker has made a profit ot 38 pr. ct., the difference between Greenbacks and Gold, and the farmer loses 90 dollars on his hundred, the difference between the value of his corn aud tho dividend received on his bill of §100 ! Such is tho measure of justice which this House lias enforced on the honest farmer for the benefit of the speculator on Bank bills! Suppose you had passed the Senate bill, which raised the presumption that both these notes had been issued since June 1861, how would the matter have stood then ? The broker and farmer would have been sworn; the truth would have been established; the farmer’s Bank, bill would have been rated at §100, tbe brokers at $10; the whole amount to be paid would have been estimated at $110, and the dividend be ing $20,the farmer would receive ten elevenths or $18.17 and the broker one eleventh or Union; Johnson, ofI’orsyth; John.-jn, of Henry• Mallard, Mattox. HeCtatchen, McD<>weU, of Heart; be McLendon, McWhorter, of Orletbcmc; Mi:;ell ns Montgomery, QnUUaa, Kagsilaio, Kcdwine. KmwI ill Iffioadee, Ridley, Rogers, Roundtree, Sale, ouepani, Sitnm*, ot tirtiw; Simmes, of Newton; Stapleton, Stanton, Stewart, Swann, Thomas Umphrey, Watkins, Weaver, Wilkinson, Woods of Floyd; Woods, of Morgan; Wamble. ‘ Ayes, 45; Nays, C5. So the motion to take up was lost. Lines on the Uninbridse Glee Club. to its letter and against its equity- because ; 5 ij a ble to the payment of these bills, and against its truth,while the same Ordinance cn- t j lnt evcry dollar of tbe Bank assets which can ables the citizen to pay his contract on which ; be saved from loss, is a dollar saved to the lieisprimarilv liable, not according to its let- ; stockholder? ter, but according to its equity because con sistent with its truth. All tbe bill asked, was that the oath of the bill holder against the stockheldermight be invoked to establish the true meaning of the contract so that he might be held responsible to that extent and no more; in a word, that lie might repel the false presumption arising front the date of the bill, and stand upon bis contract under the "When we tell you that if you bad passed the Senate bill, giving the stockholder the benefit of a presumption which would evolve tlie truth, you will not hear discussion nor allow its advocates to show that its effect would be advantageous to tlie Georgia bill- holder. Had you passed that bill with all of its provisions, its effect, as I will proceed to show, would have been protective to the " ~ ’ be- $1.83. This is within a fraction of the true amount and the rule of distribution thus es tablished by the Senate bill, is precisely wliat the Conventional Ordinance intended to se cure, and is just to all parties. The same re sults apply where the private property of the stockholder is bound. Under the Senate bill these bill-holders would receive their proper proportion of assets from the Bank. Tlie broker would have bis claim on the stock holder for $8.17, and the farmer would have his claim for $91.83. Under one rule the stockholder would be liable for a balance of $90 under the other for $1180. In this, as in all else, when in law you once establish truth, equity follows as a consequence; but commence on a false basis and inequali ty is its legitimate offspring. The first is the rule asked by the stockholder; the last is the rule granted by the Legislature. Add to this the undeniable fact that the brokers who congregate in cities commenced their work of securing liens on the Batik assets as soon as the telegraphic wire could trans mit yonr action, while the former remains iu utter ignorance of the assault which lias been made upon his rights, and you have present ed to you the full measure of injustice which you have done’ to your constituents. But this is passed; and tlie Banks, forced by your ac tion, will bave to commence an expensive system of defenses, taxing heavily the fund in their hands, or allow it to be entirely ex hausted by the prior liens which the brokers will obtain The only measure of relief, which you can now extend is to take this bill up and pass it. It repeals all pains and penalties against Banks or Bank Officers, “provided they have been guilty of no fraud or malfeasance in of fice.” They have incurred no penalties not forced upon them by tlie legislation of the State. As the law now stands, all the outside world may buy Bank bills at the market price and demand of the Banks and stockholders the full amount called for in the place of the bills; but if a Bank or Bank office redeems the bills at less than they call for, it is by the present law made a Penitentiary offense. The repeal of these unjust laws at this late period of the session is all the relief that you can give, and yet I fear even this pittance of justice will be withheld. I fear it, because you have legislated against all relief asked for, without having a single sound argument to sustain this denial of justice. The member from Troup, whoopposed the relief, frankly admits that he lias no argu ment to offer. Another opponent, Mr. Ad ams, the member from Clark, has nothing better to advance, than a “point of order” not well taken; and the member from Spaulding, could adduce no better reason while waving the Constitutional difficulty by admitting the power of a Court of Equity to grant the re lief than that if the bill-holder was required to swear when lie received the bills, some gal lant soldier who may have bought $1000 in 1860, and then gone to battle, after fighting bravely through bloody fields is slain in 1863, leaves a widow and children. Administrator ship i3 taken upon his estate, the $1000 i3 found among his assets, the presumption, he says, is raised by the Senate bill that these notes, though iti fact isstied in 1860, were is sued in 1863, at the time they arc found among his assets, and his unfortunate widow ■would have her bills unjustly sealed down^to the value of 1863. Does tho member forget tho tacts which could be brought forward to repel this presumption ? What becomes of the soldier’s absence for three years ? his hon orable death upon a distant field ? the impos sibility of his puchasing the bills under these circumstances i Where is tho widow’s oatii ? would she be presumed entirely igno rant of the fact that this thousand dollars had been in her possession during tlie long absence of her husband ? and yet this is tlicTjest, because the only, argument which has been offered, and it is the only argument offered because prejudice, which alone de feated this measure of relief, had none better to offer. I thank you for your indulgence in extend ing my time. It may be that the fate of this appeal will be as unsuccessful as those which have been made before. I have but little ex pectation of any other result. I have pressed this matter upon the attention of tlie House, because I feci that crying injustice has been done to a large and meritorious class of my fellow-citizens. Had I urged my views with . BY ALPHONSE. The “ Bainbridge Glee Club” was organ ized in the year 1860, tor the purpose of im provement in vocal music. Tlie members <f£ this club—being young men—volunteered at i he outbreak of the war in the Confederate army. By a singular providence they all escaped the peri! of battle, and were per mitted to return to their homes at the close of the war. About that time jthree of the members met in the room in which the organ ization originally took place, and, on renew ing the pleasure of “old acquaintance,” the following lines were suggested: How sacred the past, those hours of pleasure That linger on memory's altar so dear— Tho’ silent the song, yet long shall wo treasure Those moments of mirth and brotherly cheer. Tho’ the “ red hand of war” the tocsin is ring ing, And long have we parteH to join in the fray— Yet forget not tho song, tho goblet, that brim ming We sipped, drinking deep to loved ones away. The circle of brothers, tho golden chord broken When war's eb'on shadow bedimmed our fair skies, May yet be united, tbe pledge that was spoken To music’s fond echo may yet feast bur eyes. Tho’ still is the harp and the lute is no longer In silver tones sounding amid thpsc old walls, How sweet the reflection, parting! mado stronger, When scenek of tho past lond memory calls. Then passed the wine cup, we gaily entwining A wreath to tbe Muses free of dull care, Enrapturing the hour, then joyous enshrining With Bacchus, true beauty and song mingled there. And when thry our land peace pleans are sound ing, The tent is lorsakeii, the soldier at home, We’ll strike up the song, tho old walls resound ing And tosaing^he goblet, no longer to roam. sjducY, Fla., February, 1865. Acts and Resolutions Approved by the Governor, CONTINUED. 169. An Act to incorporate the Vulcan Iron and Coal Com pany, ami to confer certain powers and privileges thereon. 170. An Act amendatory of tho law iu relation to the establishment of lost papers. 171. An Act to relievo securities on bonds for criminal offenses committed during the war, ■with tho United States upon certain condi tions. „ 172. An Act to incorporate tho Georgia Express Company. 173. An Act to incorporate the Georgia Life and Accident Insurance Company of Atlanta. 174. An Act to incorporate tho Mining Manufac turing and Improvement Company of tho city of Atlanta. 175. An Act to carry into effect tho 9th clause of section 1, article 5, of the constitution. 176. An Act to authorize tho several Ordinaries of this State to administer oaths, and to receive compensation therefor. 177. An Act to regulate the distribution of the Common School fund of the county of Echols, and for other purposes. 178. An Act to amend section 3478 of the Code of Georgia. 179. An Act to authorize the Inferior Court of Richmond to levy an extra tax for county pur poses. 180. An Act to amend an Act to incorporate the town of Brunswick, in the county of Glynn, to define its jurisdictional limits, to provide far tho election of a Mayor and City Council, and such other officers as may be required, and confer upon them specific powers, and lor other purposes. 181. An Act to amend tho 4467 sectioh of the Code of Georgia. 182. An Act to exempt from street duty, all per sons who now are or hereafter may become active members of either of the existing Hook and Ladder or Fire Companies of the city of Atlanta. 183. An Act to change the line between the coun ties of Murray and Gordon. 184. An Act to authorize certain sales to be mado in other counties in this State than where such r sales are now required by law, and where cer tain kinds of property havo been removed out of the State, to authorize the sales of the same in tho State where it has been removed. 185. An Act to repeal paragraph 183 of part 1st, title 4, chapter l3t, of the Code of Georgia. _ 186. An Act to incorporate the New Era Mining an l Ms -"f'—‘-ring C.>:..pany. 187. An Act . aend audaller the r^*r:ir of the city of Columbus. 188. An Act to amend part 2, title 3. chapter 2, article 4, section 3, of the Code of Georgia. 189. An Act to incorporate tile Dalton Petroleum Mining Compauy. . 190. An Act for the pardon of John AY. Martin, now confined in the Penitentiary for the crimo of murder. ifl ' 191. An Act'to prevent the illegal seizure, deten tion, or removal'of proporty in this State, and to prescribe the punishment for tbe same. RESOLUTIONS. benefit of certain acts ongress of the United States donating pub- / lie lands for ccrtaiu purposes therein mentioned. 30. Resolution requesting thu Governor to memo rialize tlie Secretary of the Treasury in regard to the seizure of cotton in certain cases. 31. Resolution authorizing tho distribution or dis position of surplus books in the State Library by the State Librarian, under the direction of the Governor, and for other purposes. 32. Resolution requesting the Postmaster General to reccommeud the establishment otcertain mail routes. 33. Resolution appointing a committoeof 16 to di gest and report a common -chool syitem to the next session of the General Assembly, and for 29. Resolution accepting tho hi of Congress of the United 6 same rule that every other citizen stands uj>ou biu . llok j who parted with his produce b his contract, “according to the equities lie- : forc ^ ^ 100 ccnts in value ft tween the partus. _ each dollar held by him. For instance: ers for relic ‘I he war, however, did come, anil with it failure, the ruin which now Brings the stock- livipp«>intnien(8,nnd liereaveuicnts are not i u, te m sad ns they might have been. Let us ‘“‘ember the recuperative energies of our peo P ,c ""J ‘ho vast resources still at our com How long did Cain hate his brother? long os he was Abel. As one dollar in its Treasury with which to carry on the Government; it had not eveu a plate on which to print its promise to pay; it had no means qf making a bill lor circulation.— There Wns but one nicaus of relief; without will determine between us. All that I have to say on conclusion is, may yon feel here- or j after, as I do now, that you have impartially —m investigated this question, endeavored to dis- If it is true that the larger portion of the ; Bis a New York broker who recently pur-! ,, e i prejudice and advance justice. I have Bank bills,olthough bearing date before June c hasod a hundred dollar bill on the Augusta { | Jllt a single vote. I am willing to stand up- 1861, were, in fact, issued between Junc 1861, insurance Bank, in which the private property on t i, e record. Are you ? I call for the yens of the stockholder is not bound, say for ten am i n avs. dollars in greenbacks, A is a Georgia farmer who exchanged for another hundred dollar bill one hundred bushels of com in 1861, of the value ot -SJOO. The two bills bear date January 1. I860 they arc of tho same plate and have no ear-mark by which they can be distinguished. A Receiver is appointed to wind up the affairs of tlie/Bank and distribute the assets among the stockholders. A\ i at they get from less earnestness, I should feel tint I had been Resolution in reference to the committee of 6 false to my trust as a Legislator, false to the j appointed by the Senate, and the committee of fi living who have survived the shock of war, appointed by the Home, to whom was referred false to tlie dead who have left their depend- the Governor’s Message in relation to providing ,,ii r earn for the destitute, to act ns a joint commit- ent widows and helpless orphans as wards of j J-"™ ’ J the State, false to all the memories and sac-1 35 Kcsolution allowing the Secretary of State ritices of the past, and more than all, unfaith-. to employ a Clerk iu lii- office, for the pur- ful to my own duties as a member of this po*e of replacing destroyed maps in the ourvey- House, which constrain me to advocate go^Xfiou “requiring hUT.:. -■llency, the Gov- tice and trutli. ernor, to pardon and let i*o t:vo Epsy A *\ cod, Either the opponents of these several ineas-• convict in the Penitent! ay : "in the county of ures or -myself have grievously erred. Time) and June 1865.1 ask if the Legislature is not bound to declare a rule of evidence calcula ted to establish this important truth? Is it true ' I propose to prove that it is. I have already shown tnat the issues in 1801-2 were seven millions, and that tho issues in 1862-3; -I-'5, were fifteen millions; this alone, shows that eight millions, tho larger portion was issued subsequent to June 1801. Add to this throughout 1801 and tlie motion to take it, the revolution must have failed in the hour portion of 1862, Bank bills were the chief this distribution is all they will ever recem The yeas and. nays on up were as follows: Yeas.—Asbury, Atkinson, Baker, Barnes, Bsynes Bennett, Browu of Houston, CabauUs, Co.ley, , Dodson, Dodds, DuBose, Gartrcll, Green, Gross, 1 Hicks, Holliday, Humphreys, Jones, J. B. ot Hurke ; J,,n J. J. of Burke, Kib'bee, Lawson, '•'afdox, MeCuiioiiu’li. McDowell of Pike, McDoupdd, Mor- ; >Ii!",n .! 1T I l.onnis, Moses, Oates. Pei pies, Pickett Phillip-. i’owdi, liob-on. Russell of Chat- Frtnkliu. 37. Resolution requesting his Excellency, the Gov ernor to instruct the Superintendent ot the 'Western and Atlantic Railroad to give certain aid to farmers aud other persons noon said Rail rotd. T-y~ The largest and most elegant assortment of Black Silk Mantillas in Macon, choaf er than Call soon, ladies, they are seil- ALBXANPER t WHITE'S. anywhere else, ing very fast at eod-5t \ Bradley’s Trail Hoop t-icirt eod-5t , tho on!v genuine Empress 1 in tho market, at low prices, a ALEXANDER .t AYIIITU’S. HKLMBOLD’3 FLUID EXTRACT BUGHU m.-dut in Uinte and odor, free from nil injurte on .'•! er-i-n dmmeiliato iu its action.

Georgia Historic Newspapers

Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, March 19, 1866, Image 1