Newspaper Page Text
~s-
i.
, ii l.KUKALMl.
*?* ' " ' T1 ° X
# * . , w iH soon arrive vrlicn "it Will bo
un<1 of
t' 1 ' ,0 consider the question ot a rej>-
■ ‘■in on the
I )r<
ti >n in tl»U body. Any actio
t this time would perhaps
The N*tio® al Commit too U1UI 111
jLno.ll*** ultimo ami arranged
jn4r ifs Ibr such a Convention, ap-
‘* iin eandp'» ce - Thp y a,s0 P rnvirle(1
I* »n address to tlie public, setting
Ejects <rt the organization ami the
1 which tho Convention shall be
' j ^y|.rn that address shall Have
"" tbe Democrats oi tho South
nndcrstahd their relations with
J .' n>D of tho North, and to what cx-
'f , re expected to participate in the
l . ','Sciential election. It may hipp
■‘;, a thcrn States; so far ns tho Radi
Resolved, That we are in favor of this be
ing a white's man Government, so fur os vot
ing, making laws and holding offices are
concerned ; and we cordially adopt the policy
of President Johnson.
Resolved, That we recommend a Conven
aspirants at the North.may objec
ting part io a nomination which we
* „o power to ratify at the polls.
t -Ull probably rtceivo the Committee's
IL during the next few days, and shall
, Miiog to allude to the matter
!5U X meantime, should debates «»‘ Ilp Statcs at Louisvi,lt '> Ky., on the
", I mmthe Southern Slates, we can =2d inct., and that we tender our thanks to
iStter plan for th. ir appointment onr friends North for tl.e.r efforts against
t of no biti l negro supremacy, and pledge them our hearty
co operation.
Resolved, That a copy of these resolutions
l»e sent lo the Athens Watchman and to the
Conservative Central Executive Committee,
at Macon, Gn., for publication.
On motion, the meeting adjourned.
W. A. England, Chairman.
H. L. Smith, Secretary.
The Greorgia, \7V eeld.y
___ ^ tTX
Telegra,T3li.
I Conservative .Meeting in Towns County.
Pursuant to previous notice, a large and
respectable portion of tlio citizens of Towns
county, Ga , met at Iliwasseo on tbe Tth oi
February, lt-GS.
Upon motion of Mr. J. D. Howard, Mr. W.
A. England was called to the Chair, and Mr.
II. L.Smi’.h to act as Secretsr?.
After an appropriate address from the
Chairman, Messrs. W. L Sutton, J. D.,How
ard, Ezekiel Brown, lleury Picklesiincr and
J. C. Jones were appointed a committee to
draft resolutions for the action of the meet
ing. After sotnc deliberation the committee
r, ported tbe following preamble anti 'resolu
tions, which were unanimously adopted,
Viz.:
Whereas, we deem it necessary to take into
ponsidcration such measures ns will promote
the public good of tlie State and the .United
States; therefore,
Resolved, That it, is the sentiment of the
Conservative Constitutional citizens, of this
county, that we arc entitled to, and will coc
ntlarn States'; so far ns the Radicals county, that we arc entitled to, and wilt coc-
<**3 may still be outof the Union tend for, our Const ilulional Rights, as they
' Section takes place, and denied all cxis,ca un(lcr Washington's administration,
• n in it In this evt nt the friends of excepting the emancipation of slavery.
j,teone already discussed to some ex
,; 0 the paper*, to wit: that they be made
,U Slate Central Committee, upon the
I jadatlo. of the' county clubs, The
. itlce will probably require some such
U, before taking jurisdiction of tho
trr. „ -—-
Pauses,ON or TU» PUESIBENT.-
1, of the feverishness in the public mind,
the lt’ashington Star, in regard to the
nebnirnt proceeding, arises from the
.iiion that Congress will attempt to
rt d the President while the trial is in
that he will resist the_ same, and
Krions ditficullies will ensue. From-.
, vc can learn, there is not the least
Ijfor belief that it will bo attempted to-
al the President; on the contrary,-the
atioas are that the impeacbinent trial
*0 an under the usual well-established
" if procedure, and with full time al-j
jfor deliberate consideration, stioli ns
:i to the importance and dignity of the
:ioa and the office.
i.ok Confession.—There is such a pres
:ted of getting in the Southern States
rMgrorule, in time to secure their elec-
votes for Radicalism., that tlie AVasliing-
imspoodeot of the New York Times, a
Radical, says it must be done, “even if
.«to strain a point under the law” by.
lag that the conditions of admission
the law have been complied with !
UTOKSnKIlMAN ON Til it FINANCES.—Mr.
is, ‘peaking in the Senate on finances,
Kcsestion ought to bo asked bow will
■tt money enough to pay off the bonds,
oald reply: issue other bouds, lower
and offer them to holders of
it their option, five per cent at some
ia tbe future. Holders of these new
coaid, after the return to specie pay-
ttcdve their interest in coin. This
alien made by the Finance Commit
«id, was in exact accordance witli the
proud iu England on_ half a dozen
President’s Nominee for mu War
l-Mr. Ewing is one of the sta’esmen
-rme generation of gr» at man. He
the Senate, a 'Whig member from
a tbe days when both of tho great
bail their best intellects in that body,
i‘among the foremost in character and
lie serred during tho greater part
i terms of Gen. Jackson, and on the
H Mr. Van Bitten in 1840, became a
r ot Gen. Harrison’s Cabinet in March,
Much indignation was expressed in
yton on the 20th nt tbe course of
Cuter in tbe Stanton-Tbumas matter.
<w conceded it was pre-arranged by
• and his friends for the Judge to dis-
Tliomas, to prevent the cose reaching
premo'Conrt. They checkmated the
nt in this, as he hoped through this
lohave tested tho constitutionality of
i>m? of-office bill.
cwtary of the Interior, from which
transferred again into the United
*natc.
-forty-five years ago.
w *ng is father-in-law of Lieut. Gen.
ou mi* mate utsu viw»
’- Q less objectionable to the Senate.
;i the perils of the country above
-d considerations, and that one vote
It is understood
- — that ho has
8 ll 'l the Maryland Legislature to
Montgomery Blair as his successor.
fife, Conyers.—"Wo learn from
Acquittal or the Sheriff of Jasper County.
This oiHccr who lias been tried by a Mili
tary Commission has been acquitted :
Hdq’bs Third Military District, i
(Department Alabama, Georgia and Fla.) >
Atlanta, Ga.,'Feb. 21, 1808. )
General Orders, No. 26.)
t Before a Military Commission, which
convened at Atlanta, Georgia, February 10,
1808, pinsuant tp Special Orders, No. 27,
Headquarters Third Military District, dated
Atlanta, Georgm, February 3, 1808, and of
which Brevet Brigadier General Rufus Sax
ton, Quartermaster U. S. Army, is President,
was arraigned and tried : Berry T. Digby,
Sheriff of Jasper county. State of Georgia.
Charge I.—Wilful neglect of duty ns Sher
iff of (Jasper county, State of Georgia.
Specif cation—In this: that Berry T. Digby,
being Sheriff of Jasper county, in the State of
Georgia, and having been notified that one
Maria Brown, who was living oh the premises
of the said Berry T. Digby, had been mur
dered upon his premises as aforesaid; and hav
ing himself viewed the dead body of tlie said
Marin Brown, within five minutes after the
murder; and having been then and there in
formed by John Brown, the husband of Maria
Brown aforesaid, and. by others who were
present, that Homer' Barocs, a citizen of
Jasper county, Geoigia, had feloniously and
with malice" tiloretbought comm'tted tlie
murder upon the person of the aforesaid
Maria Brown; and the said Homer B lrnes be
ing then and there present, and on the prem
ises of tlie said Berry T. Digby, he, the said
Berry T. Digby, as aforesaid, did wilfully
and unlawfully fail and neglect to arrest, or
make any effort to arrest, the said Homer
Barnes, and well knowing that the said Ilomer
Barnes was endeavoring to escape, and was
likely to make his escape before a warrant
could be issued for his arrest, did wilfully
permit the said Homer Barnes to make his
ctcape, without pursuit or effort to arrest him.
This in the county of Jasper, State of Geor-
mr, on or about the lGtli day of Janifary,
1808. *.
To which'Charge and Specification the ac
cused pleaded, “Not Guilty.”
binding.
Of the Charge and Specification “Not
Guilty.” •
And tlie Court does therefore acquit him.
II. The proceedings and findings in the
case of Berry T. Digby, Sheriff of Jasper
county, Georgia, are approved. Mr. Digby,
having been acquitted by the Commission,
will he releaseci from arrest.
III. The Military Commissiop, of which
Brevet Brigadier General Ilufus Saxton,Quar
termaster U. S. Army, is President, is hereby
dissolved.
By order of Major General Meade.
R. C. Drum,
Assistant Adjutant General.
Vindication of the Mayor and Council of
Savannah*
From the onlcr below* it will be seen that
the Mayor anil Council of Savannah have
been acquitted of the charges lately-preferred
2ol. P. C. Gaillard, removed from the against them by certain'parties:
c»»bv,«.
r m the United States Army, and lost 1 Atlauta, «« TP-brnnw 2G. 1-8G7. l
ia defence of Battery Wagner against Gcnerai Orders, N(
uni arias. - -
Atlanta, Ga., February 2G, F8G7. )
30.]
I. The Board of Officers of which Brevet
• ’ * Colonel Maurice Maloney, Lieutenant Colonel
tgua, when the Whigs succeeded I6th-U. S. Infantry; is President, and which
'■ Taylor, in 1848, Mr. Ewing was assembled at Savannah, Georgia, on the 1st
° . * Un.v.h.l rirdora 99
instant, pursuant to Special Orders, No. 22,
current series, from these Headquarters, for
the purpose of investigating certain charges
of mal administration preferred against the
’htenlong out of public life, and is Mayor and other municipal officers of that
ty eighty veers of age. perhaps the city, has rendered the following opinion:
- - - — - -1 “The Board, iu conclusion, would state
' ' the mat-
■ accom-
- j - , panying petition, and has discovered nothing
Ideal officer in the military service of sustaining the charge ol malleasance in office
_ a .1,^ Unrnr ami tllliniPinA
• JUUtO VA ajjV, j.v. VMV
^*5 man who lias been ill the United .. ~r~ -• - •
- r . that it has thoroughly investigated tb
tn »te,a* Gen. Lorenzo Thomas, whom ter3 , aia be foro ft, contained in the
-ileatselected as Secretary ad inUrim, panying petition, and has difeovered i
'lest officer in the military service of sustaining the charge of malleasance i _
**««i i ,av ' n s
authorities of Sava.mull, and does therclore
recommend that the prayer of tho petitioners,
asking for the removal of the same, be not
gran led,”
••• II. Tho proceedings and opinion of the
i* stated that Senator Thom at, of Board are approved, and no further action
• will resign so bis State can elect will be tnkemon the aforesaid charges.
- ' ° — By order of Major-General Meade.
R. C. Drum,
A«sistant Adjutant General.
Endorsing the President.—Numerous
letters and telegraphic dispatches of en
couragement and proffering aid in soldiers,
etc., have come to the President. From the
dispatches the following may be selected as
specimens:
“I-can raise one thousand men to sustain
“ br. Conyers, of Covington, Ga.,
Jitsidcncein that town on the 25tb,
'^irof his nge. Dr. Conyers was ,. 0V ^f r0 n\ my (second) district, New Jersey, if
-t citizen of Covin"*""' J
lent Y .i’ ■— J T i youirom my tseeuuu
SlUWlK ml ! C - TC_ i necessary.”
-‘wciovcd bv all who knew him. uAVm ri^ht
' [ Cfiroh. d Sentinel, 29fA j tu S ^rty In N
® cr;> . in place of his salary ol $13,-
; ( oav e nt (San Juan de Letran, in
i estimated to lie worth
a Payment.
.’a Indorses the President.—
2G.—The Legislative As-
-jj . 8 ™Pte<i resolutions spproving
. , " President, and censuring
Course it has pursued. The
;j.“'_P r -- ? on the coast generally sup-
• 1 he leading Democratic pa -
ktiMfc C ^* son *'ie President to de-
. w 1° the District nl Columbia,
illp' c ' Vil business, including Con-
People can s|»eak,
Richmond County.—El-
ufsro"’ b-q., has buen appointed
0t ffiis county by Gen. Meade.
- jtuu The frienels of conetl-
tutional liberty in New Hampshire will sus-
tain you. Anson S. Marshal, Chairman, Dem
ocratic State Committee of New Hampshire.
From Mhysville, Ky.‘, the following.
“Will one regiment of Irish be of any ser
vice to you ? Answer.”
From Columbus, Ohio, the following:
“An unusually large and enthusiastic meet
ing of the people of this city ia now being
held in tlie rotunda of the State House.—
Resolutions have beeu passed pledging^the
suppo:rt of tbe people hereabouts to the Pres
ident in his struggle with reckless usurpation
and assumption of despotic congressional
C ower,‘and avowing a determination to stand
y him at whatever sacrifice and to whatever
extent toay he necessary to enable him to
overcome the foes of public peace and order
in the so-called Congress of the United States.
Jno. G. Thompson, W. D. Raukiu and Jno.
M. Pugh, committee.”
Georgia Negro-Radical Convention.
FIFTY-SIXTH DAY’S PROCEEDINGS.
Atlanta, February 27, 1S08.
The Convention opened with prayer—Dun
ning in tiie Chair.
Tlie journal was read.'
A. T. xVkerman, (B. Conley in the Chair)
moved to reconsider so much of the journal
of yesterday as related to the passage of the
Homestead bill, except tliatpart which had
already been reconsidered.
A. T. Akerman then jiroeeedetl to give his
reasons for moving a reconsideration. He
hoped that as gentlemen had on another oo-
casion changed their minds and votes after
one night's reflection, they would after the
last night’s reflection be brought back to
their original rectitude. He cited tlie Con
stitution of Alabama. He did not like the
use of the term specie in the act. He did
not think it in the spirit of a Republican
Convention. He did not think they ought
to draw any distinctions between- the two
currencies issued by,tbe Government.
R. B. Bullock moved tbe previous ques
tion.
: II. K. McCay requested the delegate would
not insist on his call. .
R. B. Bullock very respectfully insisted on
his motion.
The call was sustained.
The mnin question was then ordered.
M. Bell called for the ayes ond nays, but
one-fifth of the House not voting,-the motion
failed.
The motion to reconsider was lost.
The’ following was read from the City
Council:
City of Atlanta, Clerk’s Office, >
February 20, 1868. J
Hon. J. H. Parrott, President State Conven
tion :
I am dire cted by the Mayor and Council of
Atlanta to transmit to you, for the considera
tion of tlie-Convention, the inclosed certified
copy—preamble and resolutions.
Very respectfully your obedient servant,
S. B. Love,
Clerk City Council.
Council Chamber, I
Atlanta, Ga., February 20,180S. )•
At a meeting of the Mayor and Gity Coun
cil of Atlanta, held this evening, on motion
of Councilman Peters the following preamble
and resolutions were unanimously adopted:
. Whereas, There is a proposition pending
before the State Constitutional Convention of
Georgia, now in session, to locate the Capitol
of tbe State of Georgia in this city, from and
after the ratification of the Constitution to be
adopted by said Convention.
1st. Resolved, That in consideration of the
location of said Capitol as proposed liy said
Convention, the City Council of Atlanta do
hereby agree, covenant and bind the city of
Atlanta, free of cost tb the State, to furnish
for the space of ten years, if needed, suitable
buildings for the General Assembly, for the
residence of the Governor, and for all tbe
offices needed by such officers as are.gcnerally
located in the State , House, also suitable
rooni3 for the State Library, and for the
Supreme Court.
2d. Resolved. That we also agree to do
nate to the State of Georgia tho Fair
Grounds containing twenty-five acres, as a
location for the Capitol, and if the location
is not desired, to donate in lieu of the
Fair Grounds, any other unoccupied ten
acres of ground in the city that may be se
lected by tlie General Assembly as a more
appropriate place for the Capitol and Gov
ernor’s Mansion. •
Clerk’s Office, City Council, )
Atlanta, February 28, 1808. )
I certify that the above foregoing is a true
extract from the minutes of the City Coun
cil of -Atlanta. S. B. Love, Clerk.
R. H. Whiteley withdrew, his motion to
refer the question o» the change of the Cap
itol to a committee. • •
II. K. McCay moved to reconsider tbe ac
tion of tho house yesterday on the calling for
the previous question on the whole matter.
H. V. M. Miller rose to a point of order.—
The delegate d.d not'press his motion at the
proper time.
J. E. Bryant rose to a point of order.
The Chair was of opinion the delegate had
a right to move to reconsider.
IL K. McCay proceeded to argue his rao r
tion. It was proposed to cast the fate of the
Constitution passed in that Convention upon
the removal of the seat of government to
Atlanta. He was in favor of the removal of
the Capitol, but he was not willing that it
it should be done unless there was a sufficient
guarantee that tlie city of Atlanta won)d keep
the promise it had made.
J. E. Bryant was in favor pf reconsidering
the question—putting it in proper shape and
binding the contract with tho City Council.
J. L. Dunning had lived for many years in
(iho city, and.had known the City Council to
make many promises, but he had never
known that Council to break any promise'it
had made. This effort on the part of some
members was nothing more nor les3 than
staving off the question.
n. Iv. McCay rose to a point of order.
J. L. Dunning said it was his province to
maintain the honorof the City Council. The
Council had been indirectly assailed, and he
thought it bis duty, as a resident of the city,
to defend it Here was tbe place to decide
this matter, while they were framing the or
ganic law of the State. He could not sit there
and see this kind of shifting and dodging to
evade the issue. He thought it unfair)
and he asked that they should give the
question the direction which a preliminary
course would give it
J. E. Blount said he came to tbe Con
vention expecting this thing to come up.—
He was willing to yield the removal when
ever tbe contract was given in good faith
by the city of Atlanta. The cry was com
ing up lrom all points of Georgia that this
Convention should adjourn, and lie called
on delegates now to come up to the business,
get through with it, and go home.
C. D. Davis also favored the removal.
H. V. M. Miller said the proposition from
the City Council was in the form of a con
tract, and the City Council and its successors
would be Hound by it. Suppose the City
Council were to repudiate that contract they
could be compelled to fulfill it The con
tract just received was as binding as it could
be made. He was not there to defend the
reputation of the city. Her reputation was
untarnished, and stood as high an that of any
city in tho country, and her bonds brought
as high or a higher price than those of the
city of Augusta, in New York. There could
be no doubt that the opposition offered was
to stave off the question, and he wanted to
oome to a direct and final vote on it. If the
City Council desired to recede from the con
tract, they dare not do it. He was opposed
to staving the question or putting it off
R. B. Bullock was in favor ot the proposi
tion to insert in the Constitution what may
be done by the city of Atlanta, and wlieD
that was done* he could not see any reason
why there should be any objection to tbe re
moval. He thought there should be no dis
cussion, and, therefore, moved the previous
question. . ,
The motion to reconsider was rclused.
J. L. Dunning’s amendment was then put
and tlie yeas and nays called, when they
stood—veas 89, nays 80. Adopted.
Those who voted In the affirmative are:
Messrs. Adkins, Alexander, Angler, Ash
burn, Beaird, Bell of Oglethorpe, Bell of
Banks, Bowden of Campbell, Blodgett,
Bigby, Blount, Bryant, Brown, Bracewell,
Bryson, Buchan, Bullock, Burnett, Campbell,
Carson, Caldwell, Clift, Chatters, Claiborne,
Chambers, Cooper, Costin, Conley, Craoe,
Crawford, CraytoD, Crumley, Davis, Daley,
Dinkins, Dunning, Duonegan. Edwards, El
lington, Flynn, Foster of Paulding, Gibson,
Goodwin, Golden, Guilford, Harris of New
ton Harrison of Carroll, Harrison of Han
cock IIi"bee, IlotcUkiss, Houston, Hol
combe Hopkins, Howe, llutcbeson, Jackson,
Jones, Jordan, Key. King Knox Lee Lin
der Lott, Lumpkin, Madden. Maddox, Maujl,
Mathews, Martin of Carroll, Martin of Haber
sham McUan, Minor, Miller, Moore of CMum-
bia Moore of White, Murphy, Noble, Pope,
Pott--, Prince, Reynolds,Rozar, Bikes, Shields,
Seeley,- Smith ot Coweta, Smith of Thomas.
Speer, Shropshire, Shumate, Strickland,
Trammel; Traywick, Waddell, “Whitaker,
Whitehead, of Burke, Woodey and Williams
—99 .
Those who .voted in the negative are—
Messrs. Akerman, Anderson,Bentley, Bald
win, Bowden, of Monroe, Bowers, Cameron,
Cobb, ot Houston, Cotting, Dew3, Gove,
Griffin,-Higdeu, Hooks, Hudson, Joiner, Mar
tin, of Calhoun, McCay, McWhorter,_ Neal,
Palmer, Rice. Safibld, Supple,- Stone, Turner,
Walton, Wallace, Whitehead, of Butts, and
Whiteley—30.
H. V.’M. Miller moved to suspend the rules
for the purpose of taking up the following
resolution by J. E. Blount:
Resolved, That this Convention, m behalf
of the State, accept the propositions of the
city of Atlauta for the removal of the Capitol
of the State to said city, and will incorporate
in the Constitution of tho State a provision,
securing said removal, and will hold the city
to a just and full compliance with said prop
osition. .
A. T. Akerman offered the following as
an amendment to tbe above, which was ac
cepted :
The General Assembly shnll have power lo
provide for the temporary removal of the
seat of government, iu case of invasion, pes
tilence, or 1 other pressing emergency.
Tho following was offered by H. K- McCay:
The provision for the fixing of the seat of
government shall not be operative until the
city of-Atlanta shall, in the judgment of the
Governor, which he shall make known by a
proclamation, havo fully complied with the
undertaking this day made.
H. Y. M.'"Miller spoke at some length on
the question. He did not want the matter
to be left in doubt, which would be the case
if tbe above proposition was adopted.
• H. IL McCay spoke in reply : He did not
see why there should be aoy objection to the
proposition. He did not want that the con
tract should be all on one side. It should
be mutual, and he suspected the designs of
the gentleman when he objected to such a
contract made fairly by both parties.
The previous, question was called, and the*
main question- was put
Qn motion, the ayes and nays were called
on the proposition of H. K. McCay, and re
sulted aa follows—ayes GO, nays 01. Lost.
The resolution of J. E. Blount, as amended,
was adopted. .
The next point in order was the amendment
of M. Bell published yesterday, which was
lost.
The third paragraph of section one, of the
report of tbe Committtc on Judiciary, was
adopted as amended, as follows:
3. The Supremo Court shall have no origi
nal jurisdiction, but shall be a Court alone
for the trial and correction of errors from the
Superior Courts and the City Courts of Sa
vannah and Augusta, and such other like
Courfs as may be hereafter established in
other cities; and shall sit at the seat of Gov
ernment at such times in each year as shall be
prescribed by law, lor the trial and deter
mination of writs of error from said Superior
and City Courts. The days on which the
cases fr»m tlie several Circuits and City Courts
shall bo taken up by the Court, shall bo fixed
by law.'
The scat of Government of this State, from
and after the ratification of this Constitution,
shall be in the city of Atlanta, and tbe Gen
eral Assembly shall provide for the erection
of a State House, and such other buildings ns
the public welfare may require.
T. J. Speer offered tbe following resolu
tion, and asked for a suspension of the rules:
Resolved, That from and after to-morrow
the daily hours of the meeting of this Con
vention shall be 9 1-2 o’clock, a. m.', and 8
o’clock, p. m., and the hours ot adjournment
1 o’clock, p. m.j and C o’clock, p. M.
The ayes and nays were called on the sus
pension "of the rules, when tho rules were sus
pended.
K. K. McCay offered a substitute for tho
resolution, which Was lost.
H. Strickland offered an amendment, as
follows:
Resolved, That hereafter the time ot speak
ing be limited to five'iuinutes, and no mem
ber bo allowed to speak more.
Tho Chair decided tho amendment not in
order, as it was the same us that just voted
down and oftered by Mr. McCay.
An appeal was taken from the decision of
tbe Clmir, when the decision was overruled.
q’he ayes and nays were called on the
amendment, when it was adopted—ayes 79,
nays 41. . . ,
The resolution was then passed as amended.
The fourth paragraph was uext taken up
and adopted without amendment, as follows:
4. Tlie Supreme Court shall dispose of
every case at the first or second term after
such writ of error is brought; and in case
tho plaintiff in error shall not be prepared nt
tbe first term to prosecute the case, unless
prevented by Providential cause, it shall be
stricken from tbe docket, and tbe judgment
below shall stand affirmed. In any case the
court way, in its discretion, withhold its
judgment until the next term after the same
is argued- .
Paragraph 5th of the 1st section was taken
up and read as follows.
“When only two Judges sit in any case and
they disagree," the judgment below shall stand
affirmed”—adopted without amendment.
H. K. McCay offered tho following as an
additional paragraph to tlie 1st section :
Paragraph 6. All courts not specially men
tioned in the first paragraph of this article
may be abolished in any county, at the dis
cretion of the General Assembly, and no
judge of any court in this State shall have
power to punish any crime by a fine alterna
tively with any other penalty, nor to affix
any other penalty for failure to pay a fine.
J. E. Bryant moved to amend by striking
out the word “and” between the words ‘‘as
sembly” and “no,” and that the proposition
be converted into two paragraphs.
J. R. Parrott moved to amend by adding
at the end of the first sentence after the words
“General Assembly,” the following words:
“And. the County Courts now existing in
Georgia be aDd they are hereby abolished.”
n.°K. McCay, J. R. Parrott, T. P. Saffold
and J. B. Bryant spoke on the amendments,
after which the previous question was moved.
The amendment of J. R. Parrott was put,
and upon a division was adopted—yeas 59,
nays 31. ..."
Tbe first sentence of McCay’s proposition
was then adopted as amended by the amend
ment of J. B. Parrott.
The second sentence was lost, after which
the Convention adjourned.
FIFTY-SEVENTH DAY’S PROCEEDINGS.
Atlanta, February 28.
The Convention opened with prayer—Par
rott in the Chair—and tbe journal was read.
THE JUDICIARY.
The regular order of business being the re
port, of the Committee on the Judiciary, its
consideration was resumed, when the follow
ing paragraphs were acted on, as follows:
See. 2, Par. T. There shall be a Judge of
the Superior Courts, and a Solicitor General
for each Judicial Circuit. Tho Judge may
act in other circuits when authorized by law.
At the first appointment ol such Judges and
Solicitor General under this Constitution, one-
half of tbe number, (as near as may be) shall
be appointed for four j ears, and tbe other
half for eight years; but all subsequent ap
pointments, except to fill unexpired terms,
shall be for the term of eight years.
Par. 2. The Superior Courts shall have ex
clusive jurisdiction incases of divorce; in
criminal cases where the offender is subjected
to the loss of life or to the confinement in the
penitentiary; • in casos respecting titles to
land, and in equity cases, except as herein
after provided. But the General Assembly
shall have power to merge the common la.w
and equity, jurisdiction of said courts. Said
courts shall have jurisdiction in all other civil
cases, except as hereinafter provided. They
shall have appellate jurisdiction in all such
cases as may be provided by law. They
shall have power to correct errors in inferior
judicatories by writ of certiorari, which shall
only issue on the sanction of the judge; and
to issue writs of mandamus, prohibition, jltri
facias, and nil other writs that may be neces
sary'for carrying their powers fully into ef
fect, and shall havo such other powers as
shall be conferred on them by law.
Par. 3 of tho same section. There shall be
no appeal from one jury in tho Superior
Courts to another; but the court mny grant
new trials on legal grounds.. The court shall
render judgment, without the verdict of a
jury, in all civil cases where an issuable de
fence is founded on contract is not filed under
oath.
The fourth paragraph on motion of H. H.
McCay was postponed until the third and
fourth sections had been considered.
The third section was then commenced and
first paragraph was read as follows:
1. There, shall be a County Court in each
county, presided over by a County Judge.—
At tlie first appointment of County Judges
under (his Constitution the counties shall bp
numbered by the Governor, as near as may
be in the order in which they have been cre
ated, ' and the Judges of tbe counties num
bered one, five,’nine, thirteen, and so on, shnll
be appointed f<jr one year; the Judges of the
counties numbered two, six, ten, fourteen, and
so on,-for two years; .the Judges of the coun
ties numbered three, seven, eleven, fifteen,
and so on, lor three year?; and the Jiulges of
the counties numbered four, eight, twelve,
sixteen, and so on, for four years. All subse
quent.appointments, except to fill unexpired
terms, shall be tor the term of four years.
The following substitute by R. n. Whito-
ley was adopted:
1. .Until the General Assembly shall other
wise direct, there shall be a District Judge
and a District Attorney for each Senatorial
District in tbe State.
2. It shall.be the duty of the District
Judges to have and determine all affairs not
punishable with death or imprisonment in
the Penitentiary; and the duty of the District
Attorneys to represent the State in all cases
before the District Judges.
3. The District Judges shall sit at least
once in each month at the county seat in
each county in their Districts, for the sum
mary trial bf ofl'ences, and at such other tiine3
as the General Assembly may direct.'
4. Offences shall be tried before the Dis
trict Judge, on written accusations founded
on the customary affidavit, aiid shall plainly
set forth the offence charged, and contain the
name of the accuser, and be signed by the
District Attorney.
5. There shall be no jury trial before the
District Judge, except when demanded, in
which case the jury shall consist of seven.
6. Tho District Judges and District Attor
neys shall holcl their offices for a period of
four years, and shall receive for tlicir services
such stated compensation in their respective
Districts as may be prescribed by law, and
said Judges and Solicitors shall not receive
any compensation from fines, costs, or for
feiture.
On motion of It. n. Whiteley, paragraphs
2,3,4 and 5 were stricken out.
The 4th section was then taken up.
Paragraph 1. The powers of a Court of Or
dinary and of Probate shall be vested in an
Ordinary for each county, from whose decis
ion there may be an appeal to tho Superior
Court, under regulations prescribed by la\v
The section was adopted by paragraphs, as
follows:
2. The County Court shall have jurisdic
tion in all civil and criminal cases where ex
clusive jurisdiction is not herein given to
some other tribunal; and shall have such
powers in relation to roads, bridges, ferries,
public buildings, paupers, county officets,
county funds and taxes, and other matters,
as shall be conferred on them by law.
3. The County Courts may sit at any time
for the trial of civil and criminal cases; but
no civil cases in which the principal sum
claimed'cxcecds one hundred dollars shall be
tried, except at sessions held twice every year
at stated times prescribed by law and de
signed os tbe semi-annual sessions.
*4. There shall be no jury in the County
Courts, except when demanded by a party in
a civil or criminal cases, and juries, when so
demanded, shall consist of seven, except at
tho semi-annual session, when they shall
consist of-twelve.
5. There shall bo no grand jury in the
County Courts; but criminal cases in said
Courts shall be tried on a written accusation,
signed by the County Solicitor, plainly setting
I forth the offence charged, founded on the
oath-of a competent witness, whose name
shall be stated iii the accusation.
A. T. Akerman offered tho following as an
additional paragraph to the section, which
was adopted:
Par. 3. Tlie Court of Ordinary shall have
power in relation to roads, bridges, ferries,
public buildings, paupers, county officers,
county funds aud taxes, and other matters as
shall bo conferred on them by law.
Tbe 1st and 2d paragraphs of section 5,
alter some slight discussion, were adopted as
follows:
1. There shall be in each district one. Jus
tice of the Peace, whose official terra, except
when appointed to fill an unexpired term,
shall be four years.
2. The Justice of the Peace shall have
jurisdiction in all cases where the principal
sum claimed doe9 not exceed one hundred
dollars, and may sit at any time for the trial
of such cases.
The following substitute for paragraph 3,
by J. R. Parrott, was adopted:
3. There shall be no appeal fo a jury from
the decision of a Justice of the Peace, except
as provided in the foregoing paragraph.
Paragraph 1, of the Cth section, was
.adopted without amendment as follows:
1. There shall bean Attorney General of
the State, whose official terpi, except when
appointed to fill an unexpired term, shall be
four years.
Tlie 2d Paragraph was read and adopted
without amendment as follows :
2. It shall be the duty of the Attorney
General to represent the State in all cases in
the Supremo Court; to act as the legal ad
viser of the Executive Department; to repre
sent the State in all civil and criminal cases in
the Supreme Courts, when required by the
Governor; and to' perform such other services
as shall be required ef him by law.
The 7th section was stricken out.
The 1st paragraph, 8th section,was adopted
as follows:
1. The Judges of the Supreme and Supe
rior Courts, tbe Attorney General, and the
Judges and Attorneys shall bo appointed by
the Governor, with the advice and consent of
a majority of the Senate, and shall be re
movable by the Governor on the address of
two-thirds of each branch of the General As
sembly, or by impeachment and conviction
thereon.
The 2d paragraph of section 8 was adopted
as follows:, .
2. The Justices of the Peace shall be elect
ed by the legal voters in their respective
districts, and shall be commissioned by the
Governor. They shall be removable by said
Judges on conviction for mal practice in
office, or on the address of two-thirds of the
Grand Jury at any term of the Superior
Court of the county.
The Convention then adjourned.
Stanton’s Warrants.— Washington, Feb
ruary 26.—The warrants of Secretary Stan
ton on the Treasury Department, which were
refused payment yesterday, were honored to
day by Secretary McCulloch. Among these
was one for $15,000 to pay clerks a month’s
salary. No reaso:a has been assigned for the
payment of the dishonored warrants.
No requisition, signed by Gen. Thomas as
Secretary of War, lias, op to thi* time, been
received at the Treasury department, and it
is presumed he has not drawn any.
BP* The steamship Moneka, plying be
tween Charleston and New York, was seized
in the latter port, ou Monday last, for alleged
violation of thfe Revenue laws.
Mr. Stevens’ speech on (he Resolu
tion of Impeachment.
The following is the speech of Hon. Thad-
deus Stevens, of Pennsylvania, in the House
of Representatives, Monday, on tbe Impeach
ment resolution:
Mr. Stevens, of Pennsylvania, closed the
debate. He said : I agree with the gentle-,
men who have been before. This is a grave
subject and should be gravely treated, aud it
is important to a high official, who is the
subject of these charges; and it is important
to a nation of forty millions of people now
free and rapidly increasing to hundreds of
millions. The official character of the chief
of this urand nation being thus involved, the
charge, if falsely made, is a cruel wrong. If,
on the other hand, the misdemeanor and
usurpations charged against liim are true, lie
is guilty of as atrocious au attempt to usurp
the liberty and destroy the happiness of this
nation as was ever perpetrated by the most
detestable tyrant who ever ruled his fellow
men.
Let us, therefore, dls6uss this question in no
partisan spirit, but with legal' accuracy and
impartial justice. The people desire no -vic
tim, aud they will endure no usurpers. The
charges, so fur as I shall discuss them, are
few and distinct. Andrew Johnson is charged
with attempting, to usurp the powers,of other
branches ot the Government; with attempting
to obstruct and resist tlie execution of the
law; with misprison of bribery and in the
open violation of laws which declare his
act3 a misdemeanor, and subject him to fine
and imprisonment; with removing from office
the Secretary of War during the session of
the Senate, without the advice or consent of
the Senate, and in violation of the sixth sec
tion of the act entitled an act to regulate the
tenure of certain civil officers. There are
other offences charged in the papers referred
to the Committee, whiclilmay coasidcrniore
by themselves.
In order to sustain impeachment under bur
Constitution, Ido not hold that it is neces
sary to prove a crime that is au indictable
offence, or any act malum in sc.
I agree with the distinguished gentleman
from Pennsylvania, on the other side- of the
House, who holds this to be purely a polit-
'■ical proceeding. It isintended for a remedy
for malfeasance in office and to prevent the
continuance thereof. That it is not intended
as a personal punishment for past offences,
but for future example. Impeachment under
oiir Constitution is very different from im
peachment under English law. The framers
of our Constitution did not rely for safety
upon the avenging dagger of a Brutus, but
promised peaceful remedies which should
prevent that necessity.
.- England had two systems of jurisprudence.
One lor trial and punishment, of common
offenders, and one for trial of men in higher
stations whom it was found difficult to con
vict before the ordinary tribunals. This lat
ter proceeding was by impeachment or by
bills of attainder, generally practiced to pun
ish official malefactors, but the system soon
degenerated into political and personal -per
secution, and tneu were tried, condemed and
executed by this court from malignant mo-
’ tives.
Such was the condition of the English
lnW3 when our Constitution was framed, and
tin; Convention determined against the abuse
ot that high power, so thatTevenge and pun
ishment should not be inflicted upon politi
cal or personal enemies; hence the whole
punishment was made to consist in removal
from office and bills of attainder were whol
ly prohibited.
We arc to treat this question as wholly po
litical, in which an officer of the Government
'abuses Ins trust, or attempts to prevent it,
for improper purposes. Whatever be his
motive, he becomes subject to impeachment
and removal from office.
The'offence not being indictable does not
.prevent impeachment, but it is not necessary
to sustain it. (See Storey’s Commentary- on
the Constitution, Madison and others.! Such
is the opinion of our elementary writers, nor
can any case of -impeachment tried in this
country - be found where any attempt was
made to prove the offence indictable and
criminal.
What, then, are the official misdemeanors
of Andrew Johnson disclosed by the evi
dence ?
On the 2d day of March, 1807, Congress
passed an act entitled an act regulating the
tenure of certain civil officers.- Among other
provisions, it enacted that no officer who had
been appointed by and with the advice and
consent of the Senate should be removed
from office without the consent of tliefcenate,
and that if during vacation a suspension
should be made for cause,, such cause should
be reported to the Senate within twenty days
after theiu next meeting, and if the Senate
.should deem the cause of suspension suffi
cient then the officer should be removed and
another appointed in his stead; but if the
Senate should refuse to concur with the
President and declare the'reasons insufficient
then the officer suspended should forthwith
resume the functions of his office, and the
powers of the person performing ils duties
should cease.
It is especially provided that the Secretary
of War shall hold his office during the term
of the President by whom he may have been
appointed and one month thereafter, unless
removed, and with the consent of the Senate
as aforesaid.
On the 12th of August, 1867, during the
recess of the Senate, the President removed
the Secretary of War, whose term of office
had not expired, requiring him to surrender
the office, which was public property, and
appointed Gen. U. S.. Grant Secretary of AYar
ad interim.
When Andrew Johnson assumed the office
of'President he took the oath to obey the
Constitution of the United States and to take
care that the laws be faithfully executed.—
Tnis was a solemn and enduring obligation;
nor can he plead exemption from it on ac
count of his condition at the time it was ad
ministered to him. An attempt at obstruc
tion of the law, not a mere omission amount
ing to negligence, which would have been a
misdemeanor, but a bold conspiracy wus
attempted by him to induce the General of
the army to aid him iu defeating the opera
tion of this law, and when he hussuspended
the Secretary of War, ho appointed General
Grant Secretary ad interim, with the avowed
purpose of preventing the operation of that
law if the Senate should decide in favor of
tho Secretary, and he says the General did
enter into such a conspiracy to aid him in
obstructing the return of the Secretary, not
withstanding the Senate might decide in his
favor.
This is denied by the General and a ques
tion of veracity, rather angrily discussed, has
arisen between them, and those gentlemen
seem to consider that that question is one of
importance to the public. In this they are
mistaken. Which is the man of truth and
which is the man of falsehood is of no more
public importance than if they were two ob-
=
great beauty of tho remedy aim preventive
process is clearly demonstrated, tie is dull
and blind who cannot see its necc.-s and
the bcr.cfieial results and purposes o:' the
trial by impeachment. By the sixth rVcriop”
of the act referred to it is provided that t very
removal, appointment or employment made
or exercised contrary :■> rhe provisions ol ibis
act, or that making, s .-ding, countersigning
or issuing of any commission or letter of
authority, h,r or in respect to any such ap
pointment or employm tit. shall be deemed,
and are declared fo b;: high misdemeanors,
and, upon trial and CQpvieiion thereof, shall
be punished by a fine not exceeding ten
thousand dollars, or by imprisonment not
exceeding five yyars, or .both said punish
ments, in the discretion of the court.
Now Andrew Johnson, on the 21st day of
February, 1308, issued his commUsicnary let
ter of authority to Lorenzo Thomas, appoint
ing him Secretary, of AYar ad interim, and
commanding him to take possession of the
Department of War, and to eject tlie incum
bent, E. M. Stanton, then in lawful posses
sion of said office.
Here, if this act stood alone, it wouldbe
an undeniable-official’ misdemeanor; not only
misdemeanor per sc. hut declared to be so by
the act itself, and tlie party made indictable
and punishable iu a criminal proceeding.
It Andrew Johnson escapes with a hare re
moval from office, if ho be not fined and ia-
careerntcd in the penitentiary after* ard under
criminal proceedings, he may thank the
weakness of Congress‘find- not his own inno
cence.
AA’e shall propose to prove in the trial that
Andrew Johnson was guilty of misprision,
of bribery, bv offering to Gen. Grant, if he
would unite with him in bis lawless violence,
to assume in his stead the penalties*, aud to-
endure the imprisonment prescribed by tbe-
law.
Bribery is one of the offences specially enu
merated for which the President may be im
peached and removed from office by "the Con
stitution. Article 2d, section 2d : The Presi
dent has power to nominate and, by and
with the advice and consent of the Senate, to
appoint all officers of the United State*,
whoso appointments are hot therein other
wise provided for, and which shall be estab
lished by law, and fill all vacancies that may
happen during the recess of the Senate,
granting commissions which shall expire at
the cud of the next session. Nowhere, either
in the Constitution or by statute, has tfer
President power to create a vacancy during
the recess of the Senate, and fill it without
tho advice aud consent of the Senate. . And
yet, on the 21st day of February, 1868, while
the Seuate was in- session, he notified tfca
head of the. AVar Department, that he was re
moved from office, and his successor ad inte
rim appointed. Here is a plain recorded
violation of the Constitution and laws, whicb
alone would make any honest aDd intelligent
man give his vote for impeachment.
The President had persevered in his law
less course through a series of unjustifi&bl*
acts. AVhen tho so called Confederate Statre
of America were conquered and had laid
down their arms find surrendered their terri
tory to' the victorious Union Government, and
the final disposition of the conquered coun
try belonged to C’orgress alone, according io
every principle of the law of nations, neither
the Executive nor the Judiciary had any
right to use force except what was nectssary
to. control it by military, or until the sov*,.
reign power ot the nation had provided for
its civil administration. No power but Con
gress had any light to say whether they
should be admitted to‘"the Union'as Stater
and entitled to the privileges of the Consti
tution Of tlie United-States; and yet Andrew
Johnson, with unblushing hardihood, under
took to rule them by his own power alone;
to lead them into full communion with the
.Union; to direct them what governments to
enact, ami what constitutions to adopt, and
send-representatives to Congress according
to his instructions.
AA’hea admonished by the express act ot'
Congress more than once, repeatedly he. di»-
regarded the warning und continued his law
less usurpations. lie since is known fo hunt
obstructed the re-cstab’ishment of these gov
ernments by the authority of Congress, and
has advised the inhabitants to resist the 1«*-.
islation in Congress. In my judgment, witfc
regard to that transaction, it was a higlr-
bauded usurpation of power, which long agOv
ought to have brought him to itnpeacbra<*$
ami trial, and to have removed him from hii
position of great-mischief. He- has benn
lucky in tl)U3 far escaping through false logic
and false law his then acts, which will on to*
trial be shown to be atrocious, and open evi
dence of his wicked determination to sub
vert the law3 cf bis country.
I trust when, all come to a vote on tiria
question, we shall remember that, although,
it is the duty of the President to sec that tM
laws are executed, the sovereign power oftbe>
nation rests in Congress, who have been -
placed around the Executive monument to
defend bis rights a3 watchman, to enforce hi*
obedience to the laws and the Constitution^
His oath is to obey tho Constitution, and ouir
duty is to compel-bim to do if-
A more tremendous obligation, Jiowcvou
than was neverassumed by mortal rulers. We
are to protect or to destroy the liberty and
happiness-of a mighty people and take car*
that they progress in civilization and defend
themselves against every kind of tyranny. As
we deal with tlie first great political maiel'ss-
tor so will be the result of our'efforts to per
petuate the happiness and good government
of the human race.
The God of our fathers, who inspired tbeny
with the thought of universal freedom,, willi
hold us responsible for the noble institutions
which they projected and expected n9to <Arrv
out. This is not to be the temporary trumps
of a political party, but shall endure in n*
consequences until this whole continent shall
be died with a free, untrammeled people, Ot
shall be a nest of cowardly slaves.
The'rtadiog of the speech was concluded
at two minutes before 5 o’clock. Tbe Hove*
then, amid great but suppressed excitement,
proceeded to vote on tbe resolution as fol
lows :
Resolved, That Andrew Johnson, Presides!
of the United States, be impeached of
crimes and misdemeanors.
During the vote excuses were made for Ab
sence of Messrs. Robinson, Benjamin, Wak-
burne, Williams and Van Horn of Missotti^
Trimble of Tennessee, Donnelly, Koaafeh
Pomeroy, Maynard and Sheliabarger.
The Speuk .r stated that he could not con
sent that his constituents should bo silent m-
so grave an occasion; therefore, as a member
of the House, he voted oyc. Tbe vote re
sulted, yeas 120; nays, 47.
Tbe announcement of the result elicited bo
manifestation, but the immense auction CO
which filled the galleries and corridors all 1&B
day, gradually dispersed till it was rednoeA
to less than one-lourth of its original munhcft
Mr. Stevens, of Iowa, moved to reconsider
the vote by which the resolution was agreed
to, and also moved to lay the motion to re
consider on the table.
The latter motion wa3 agreed to, this being
8 TAndrew' Johnson tells the truth, then he | l ] lc P^iameutary way of making a disens-
is guilty of high official misdemeanor, for he 810n fina1, ^ ,
avows hi3 effort to prevent the execution of _ _ „ -.
the laws. If tho General commanding tells;.
the truth, then tbe President is guilty of high J 3 8t ;’ l,ed tbat Stevens is only kept aBr#
misdemeanor, for he declares the same thing | stimulants. He is carried to
of tho President, denying only his own com- ( the „?° U8 £ eTcr J
p ! icit - v ' .. N » ‘*“ 0 ™ k e e eSL-rt]invffii£ ffimost°consUnt“ ‘Confined[ ?o*S
beTand the General* tokl the truth, then he i ^niif Urehre
• ,. i •iii* * 11rxt Kit r^fllKinH tfl 1 ^ tlll3 tilllG tlllill llC U38 OCCD IQ tWreVfr
committed a willful perjury oy rerusing iu i TJ-oeKvilin fl o V .
A.i ci.nnM hi* diilv flnm. 1 months, tho jNasiiYiKC uazettc say* tbat
Thud . Stevcna sends him a pious message,
“when he dies to die hurrahing 1”
take care that the laws should he duly exe-
ented. ... i 1 .
To show the animu9 and guilty Knowledge
with which this law was violated, we have
only to turn to the proceedings of the Senate
notifying him of hisillegaUnd void conduct,
aud then to consider that he has since perse
vered in attempting to enforce it; and to
show his utter disregard of the laws of his
country wc have only to turn to his last an
nual message, in which he proclaimed to the
public that the laws of Congrett are uncon -
stitutional and not binding on the people.
Who, after this, can say that such a man is
fit to occupy the executive chair, whose duty
it is-to vindicate-obedience and see that these
very laws are faithfully obeyed ? Then the
It i3 said that the Emperor of tiut
French, recently, at the first ball at the Ta%
cries, laughed very heartily ot the Americ-—
Minister, General Dix,* who was conve
quite seriously with one ol the secret f
spies, who attended the bull in the ' J ‘-
uniform of a Belgian officer.
(y A new husband in New York pre
sented his bride with a washboard,, a mop, t*
gridiron, and a pair of flatirons as aput-re
her wedding trousseau". Bhc at onoo applioa
for a divorce.