Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, February 26, 1869, Image 6
The Greorgia "Weekly Telegraph-. THE TELEGRAPH. MACON, FRIDAY, FEBRUARY 2G, 1869. The Governor and the Treasurer. We print to-day the report of the majority of the committee appointed by the Legislature to investigate the charges made by N. L. Angier against Rufus B. Bullock, Govemor-of Georgia, that he unlawfully used and misapplied certain funds belonging to the State of Georgia. This report, as will be seen, tries to exonerate the Governor, and is at least willing to say that he intended no wrong. But on Thursday the Legislature received and adopted the report of the minority, which sustains the charges of the Treasurer. In a previous article we wrote under the impression that the Governor had made out a successful showing, and expressed gratification at the re sult, for wo confess that we would take no pleas ure in seeing a man holding the high office of Governor of Georgia, convicted of such a grave ■offense. No one ever held that office against whom the slightest suspicion of this character •ever rested. We must take the State Capitol back to Mil- ledgeville. The people have this point irrevo cably determined in their minds, and impatiently •wait the opportunity to act accordingly. It was wisely located at an honest country village, free from corrupting influences, and taken from thence against their consent Time has indeed proven that its removal was a great mistake. Nine-tenths of the people of Georgia are un willing to pay one dollar to erect new buildings at any other point whatever. Not one good reason can be assigned for its removal. The City of Atlanta agreed to furnish the Leg islature with a suitable building in which to hold its sessions. It must settle the account with the "Messrs. Kimball. The State does not, nor never did, owe them one cent. ” The Burning of the African Church. Tho destruction of tho African Methodist Church night before last, and the self-evident fact that it was the result of a long quarrel be tween two factions of it, surprises no one here. The right of possession has been in dispute for months past. If we understand the case right, the church was built before the war, chiefly by the white members and congregation of the Methodist Church South, and the right to hold service in the building given the colored mem bers of that denomination. Soon after the close of the war, H. M. Turner, a member of the Northern Methodist Church, somehow managed to take possession of it Being a half politician and half preacher, he harangued his congrega tion accordingly, and soon disgusted the Demo cratic portion of the members, who went to work to oust him from the concern. His ser mons were not much else than radical stump speeches, like Beecher’s. When a preacher commences dabbling in politics, he ought to hand in his chips as a minister of the gospel Tho two no more mix than oil and water, or jackdaws and peacocks. The effort to take the Southern colored Methodists of this city over to that political organization, the Northern Metho dist Church, has .proved a failure, as did the effort to get possession of this property without paying for it. The edifice having been built wholly by Southern Methodists, Turner had no more right in it than he has in any other church in this city. On last Monday the Sheriff locked it up, and on Thursday delivered the keys and the build ing over to the other party. Thursday night they held their first meeting and a few hours af terwards it was burned to the ground. While the house was burning the followers of Turner all round were heard to express great gratifica tion. Here is a vindictive spirit of the most repre hensible character. Religious fanaticism could scarcely go farther than this. It is a case de serving the most rigid and searching investiga tion by the Mayor and police. The track of an incendiary is never quite covered up. We have often heard that the quarrel would result in the burning of the house, and sure enough it has. ’JVliat Should Georgia do ? In reply to the Savannah Republican as to what Georgia should do, we will say that the letter of the gentleman from Washington, published a few days since, referred especially to Gen. Grant’s endorsement, as it were, of Hon. Nelson Tift’s dispatch to Hon. E. G. Cab- incss and others as to the propriety of the Leg islature referring the question of eligibility of negroes to office to tqe Supreme Court, and that we supposed the act referred to by the corres pondent. The Legislature adopted the resolu tion and the Governor vetoed it. It remains for the future to determine wheth er it will be passed over the veto. Considering the whole connection we do not suppose the correspondent referred to re-seating the negroes in the Legislature. The Radical Row at Atlanta. From all accounts the Radical row at Atlanta, Thursday night, was a very disgraceful affair. Bard and Bryant were endeavoring to hold a peaceable meeting, but the hall was taken pos session of by rowdies and they seem to have been bullied out of it, and the resolutions which they intended to protest against re-adopted. But “the Democrats say that Bard is entitled to a showing and shall have it.” This is perfectly right. We hope our friends in Atlanta will see to it that he has a fair fight. This is a free country. We copy an account of it from the New Era. Lost Confederate Soldiers—Information Wanted.—C. W. Arthur, of the First Missis sippi Regiment, Forrest’s Cavalry, was captured and last heard of at Camp Douglas. D. S. Arthur, Valentine’s Battery, was last heard of on Sullivan’s Island. Should this meet the eye of either one of them, or any person knowing their fate, or present whereabouts, their aged mother would be very thankful for such infor mation. Address, Mary Arthur,’ care of Mr. Hargraves, Brandon, Miss. «2T By giving this one insertion editors of newspapers will merit the gratitude of a grief stricken mother. The Position of Georgia.—Since the Elect- oral vote of Georgia was received and counted by Congress, the Radicals themselves are sorely puzzled to determine the status of Georgia. The New York Tribune says: “ Tho judgment of the Reconstruction Com mittee is still against the admission of the Geor gia Representatives until the State shall have more fully complied with the reconstruction acts; although, in the minds of many, the fact that Georgia has been allowed to vote for Presi dent seems to carry with it an acknowledge ment of her right to representation in Con gress.” Such would be the decision in any court of justice. We hope the farce will cease. We learn from the Columbus Sun that a big nigger baptizing came off at Augusta a few days ago. The bonks of the river were slip pery and many darkies were baptized who were not candidates for the ceremony. The preacher who officiated pulled off his boots before wading in, and an enterprising colored “brudder, pious, of course, stole them. «. similar case occurred in Crawford county a few months ago. The colored preacher pulled off his coat, vest and pants, in order to keep them from getting wet, and while officiating in tho water they were appropriated by a member of the congregation on the bank. The disoon- solate minister was left to make his way home jn this plight, a distance of seven or eight miles. The Southern Press Convention. Editorial Oorretpondencc of the Telegraph.] On the Road, Feb. 17, 1869. Your correspondent is toddling along on tho Mobile and Montgomery Railroad for Mobile, to represent the Telegraph in the Press Con vention. We were due in Mobile at ten this morning, and shall reach there, God willing, at ten to-night, the reason, whereof, will hereafter appear. On board are Col Gardner, of the Constitu tionalist, De Wolf, of the Sun, Screws, of the Montgomery Advertiser, and several other del egates—among them two from North Carolina. Yes, Tar River is represented by a fresh, florid and handsome yonth, as was every raised on whortleberries and red herrings. Large num bers of delegates have already gone on and shall bring np the rear. I said we were due at ten o’clock this mom' ing, but like many other persons and things due, we shall not come to time. Thirty-five miles south of Montgomery we met a freight train off the track, and had to wait for the np train from Mobile. When that came, at five o’clock this morning, a transfer of passsengers and baggage took place. The scene of this operation was an Alabama river swamp—the weather rainy— the mud rich and glutinous. I am authorized to say that seventy-five tons to the acre of this mud spread over the surface of our Georgia uplands would help them to bring cotton—yea, verily. It is written “curse not the bridge which crosses you safely,” and therefore I shall 6ay nothing to the discredit of the Mobile and Montgomeiy Railroad, but perhaps if its iron track maintained a more exact parallel within itself, and with the horizon, it would be better. Failing in this, the passenger in his seat pre sents often a horrible imitation of a poor rider on a hard trotting horse, and the result of at tempting to write under such circumstances you behold. Upon consultation among the Faculty last night, it was agreed that a sleeping car and a horizontal position were best to meet the case; man proposes and God disposes. I went to sleep on the jump and awoke when still. The rest of them vice versa, and awoke declaring they had never passed a quieter night of travel! I have been told that the soil of this road pre sents unusual difficulties in maintaining a prop er alignment Yours, C. SECOND LETTER. On the Road, Feb. 17, 1869. After twenty-five hours fast becoming the sea son, at Evergreen I consecrated five eggs, a bis cuit and two cups of coffee to the noble work of internal improvement, consequently I feel better. Did I say anything against that road? I ask its pardon. The scenery on the Mobile and Montgomery track, for the first 100 miles, may be likened onto that thrilling passage of the Georgia Central through the Oconee swamps. The lower end of the road, for sixty miles, leads through rolling pine barrens, abundant in dwarf pines and sterility. Everything is excess ively moist. The conductor says it has rained every day for weeks. The hand of man hath made few improve ments visible from the railway, and these gener ally tell of by-gone eras. Now and then a strag gling and dilapidated village—a clearing grown over with tall yellow broomsedge—a cabin more or less dilapidated, and many of them tenanfc- . Now and then, however, we pass a cosy cot, and a new fence, or piles of freshly split rails, but improvement comes for short of coun terbalancing decay. The country is evidently retrograding, and quite a movement for Texas is reported. A good deal of kine stock is to be seen in the woods all along, but never a hog. One solitary porker in a pen was all I saw of the species from Montgomery to Tensas. The war between Sambo and the' swine has been proseented to the point of extermination. The pine lands all along the route are as poor as the Georgia barrens, and not worth consider ing, except for timber and area. There are millions of acres of such lands cultivated in the South which do not pay for the labor at any reasonable valuation. Bnt I suppose they might make a fair return, both in com and cot ton, if planted on the check plan with a good shovel full of compost to each hill. The Alabamians, it seems to me, are far less hopeful than we in Georgia. Their ideas of the cotton fnture are that the crop must fall off an nually until it amounts to little or nothing. They say we shall never again see a crop of two million five hundred thousand bales, and your correspondent’s ideas of white labor production from the sinews of the sturdy sons of the soil are pronounced visionary. Cotton must go out with the negro, and the negro, as an effective farm laborer, they say is going out with this generation. The boys go to school—learn to play marbles and seven-np, and despise the ho as honestly and heartily as the white lads of their own age. Bnt all this looks to me as visionary as my ideas do to them. The auri sacra fames will assert itself, and money will bring the cot ton. The Montgomery and Mobile Railway breaks short off at a point on the Mobile Bay called Tensas, from which point a steamer ferries the passengers over to the city, a distance of twenty- two miles. We are now waiting at the gulf terminus, and it will be five hours before we reach the city. C. Mobile, Ala., February 18, 1869. We have approached Mobile very cautiously and gradually. Time from Montgomery thirty hours. Reasons for part of the delay have al ready been assigned, and the remainder thereof I will now explain: In consequence of an obstruction on the Rail road wo got to Tensas four o’clock yesterday evening, instead of eight in the morning, when due. The road instead of terminating at some point on the Bay as I ignorantly wrote, abuts on the Tensas river. Reaching the wharf and steamer, so dense a fog obscured the horizon that we could not go on until about twelve o’clock, midnight; when the mist lifted and we resumed our journey, reaching Mobile at two o’clock thin morning, and woke up the slumbers of the Bat tle House with the clamors of a score of be nighted travelers. The morning is a bright one. Mobile looks fresh and lively in the glad sunshine, and is more of a city than the dim memory pictures of fifteen years agone have painted it. From the heavy freighting business done by the rail road steamer, I suppose that trade must be pretty brisk at this time. Immense quAtitiea of flour, meat, fertilizers, and miscellaneous goods of all descriptions are daily shipped off into the interior by tho Mobile and Montgomery Railway; bnt this, after all, must be but a nar row trade channel compared with that by the rivers. I find the Convention located in the hall of the Chamber of Commerce. The city has been immensely kind to the press, and, from the array of choice wines, liquors, cigars, etc., to be seen in the anterooms, I think the Board of Trade deems the principal business of the Convention to be to have a good time generally. I am in formed that abont thirty to forty editors are in attendance, and the proposition upon which they are divided is, whether to wind up and dissolve or renew the active business operations of the association, as an organization for collecting and disseminating news by the wires. 0. James Gordon Bennett has given $10,000 to the Herald Club, oomposed of attaches of that office, to be used in the event of sickness or dis ability. THE BUIXOCK-AXGIER AFFAIR. Majority Rejport of the Investigating Committee. Mr. Speaker: The Committee on Finance have bad under consideration the charges pre ferred by N. It. Angier, Treasurer, against His Excellency, Gov. Bullock, touching certain finan cial transactions, involving the interests of the State, on which they would make the following report: The report of Treasurer Angier to the House on the 24th nit, which is appended hereto, and for convenience of reference we shall hereafter designate as No. 1, was, as we understand, a simple statement of facts, called out by the res olution of Mr. Harper, with a charge that §35,- 000 had been drawn by Gov. Bullock, on bis own draft, from the Fourth National Bank, the purpose and use of which the Treasurer had been purposely kept in ignorance of by Gov. Bullock. The response of Gov. Bullock to the report, also, hereto appended and marked No. 2, was immediately sent to the Committee, and in a general way informed ns, that the .thirty-five thousand dollars drawn by him, as set forth in the Treasurer’s report, had been used in heat ing, lighting and furnishing the capital for the use of the Legislature, and in consequence of the absence “of the Treasurer from his post, at a time when his duty expressly required it, a full exhibit could not, and was therefore, not made to the General Assembly, with the Gov ernor’s message. ” The whole tenor of the Gov ernor’s communication to the Committee showed an unpleasant state of feeling existing between the Executive and the Treasurer, with which your Committee think they have nothing to do. For the purpose of getting a clearer and fuller development of the facts growing out of the drawing and use of the thirty-five thousand dol lars, your sub-committee addressed to his Excel lency, Governor Bullock, a few interrogatories, and also, enclosed to Treasurer Angier the Gov ernor’s communication to the Committee, and founded thereon a few interrogatories to him. They responded immediately to the inquiries of , » , „ . the Committee, and Governor Bollock gave a J an ^ y° n should make an appropriation to pay much more satisfactory account of the affair I toe bills. I have had the public square graded than we had before received. From it we learn enclosed with a substantial new fence, but that the Messrs. Kimball had been advanced I eost to the State is insignificant. We are thirty-one thousand dollars, for the purpose of satisfied that many other instances of Executive lighting, heating and furnishing the capitol, and expenditures unauthorized by appropriations, used in carrying out my contract for the Vir ginia salt, I offered the Treasurer of the West ern and Atlantic Bailroad to advance to the Commissary General sufficient funds to meet the necessity; and it being necessary that the money be refunded to bim to enable him to keep his accounts correctly. For this purpose, I recom mend the appropriation of one hundred toousanf dollars, to be used in the purchase of salt, refunded to the Treasury of the State when, salt is sold.” S In the year 1854, during the fearful egfdeuHc which raged in the city of Savannah, “ V. Johnson addressed, as Governor 4 " toe State, a letter of condolence and symp&my to the Mayor of that city, and offered, in kehalf of the State, any assistance which might be needed, or that the Mayor might indicate; and afterwards, as we are credibly informed, sent twenty-five thou sand dollars belonging to the State. A copy of which letter is hereto attached, marked No. 9. _ The message of Ex-Gov. H. V. Johnson, in 1857, contains the following language : ‘“The last General Assembly appropriated §7500 for repairing the State House, and §5000 for repair ing the Executive Mansion. Finding these sums inadequate, and that it would be almost lost to the State without the use of a larger sum, I did not hesitate to draw upon the contingent fund for the deficit. By so doing, the repairs, as far as they go, are substantial and tho pnblic bnild- ~p are in a fair condition. ‘The aggregate sum apppropriated was $12,- 500—the amount expended §15,391 81. The vouchers for the various sums paid out are filed in the Executive office, subject to your inspec tion. It should be observed that a part of the expenditure is not properly chargeable to re pairs. In November, 1855, the stables, car riage house, bathing room and poultry house attached to the mansion yard, were consumed by fire. These had to be supplied by new buildings, so that not more than §3000 have been expended in repairs proper to the Execu- tive building. No appropriation will be re quired to pay the excess of cost of repairs over and above the appropriation. Considerable new furniture for the Mansion, the Legislative Halls, and the several Executive departments was indispensable. This I have purchased, with a copy of vouchers, and that the balance of four thousand dollars is in cash, and in cash items authorized bylaw, to be cancelled by war rants whenever the Treasurer is placed in prop er relation to the department” The Treasurer’s reply gave us no other in formation about the matter, but contained an intimation that the seventeen thousand dollars charged to the State in the money column had been improperly used by Governor Bullock. This suspicion we find, on examination, to be perfectly groundless. We have hereto, for the information of the Committee and House, on this and other subjects, appended to the Treas urer’s reply, marked No. 3, and the Governor’s also, marked No. 4. At the point of the investigation, the Com mittee could have closed itslabores, as the end of its appointment had been attained, bnt your Committee believed that neither the House or the people of Georgia would be satisfied with the investigation to stop, until the whole matter, and kindred questions growing out of it, had been probed to the bottom. The Committee, therefore, sent for H. I Kimball, who, as will be seen by reference to the Governor’s reply to the Committee, had given on the 11th January, to the Governor, a receipt for thirty-one thousand dollars, which sum had been advanced to him by the Governor, to heat, light and famish the CapitoL To him your Committee propounded a series of questions, which, under oath, he has answered fully, and by the clear and intelligent maimer in which he has done it, greatly aided the Committee in coming to the conclnsion which it subsequently arrived at. In Mr. Kimball’s answers to tho Committee, we leam that in the contract made by him with the city, he had only agreed to furnish the build ing, and that in the plainest maimer, and that the heating, lighting and furnishing was not a part of his contract, and this statement is doubly confirmed and made certain by the exhibition of his contract, plans and specifications append ed to his answers, and the further fact that in his negotiations with the City Council to fit and furn ish the Opera House building for the use of the State bnilding for the use of the State, he had prepared another, and different and more com plete plan, including the heating, lighting, and for a higher rent, which plan was rejected by Mr. Richard Peters, Chairman of the Building Committee of the Atlanta City Council on the ground that the rent was more than the City Council was able to pay, and that the contract of the Conncil with tho State did not reqnire tham to furnish the apparatus for heating and lighting the building. It also appears from Mr. Kimball’s testimony, that as early as September of last year, while the Legislature was in session, he brought to the attention of the Building Committee of the Senate and House, the importance of his know ing in what manner the State designated to heat the building, and was informed by them that a resolution in regard to the matter had been of fered by them and tabled. Acting under this information, and under the belief and impres sion that the Legislature did not intend to go to the expense of heating the bnilding with steam, he went forward and carried up a large number of flues throughout the building at very consid erable cost and inconvenience, so that stoves, grates, or any other means of heating might be used. This plan of heating was afterwards changed, according to Mr. Kimball’s opinion, upon the statements and pledges made by the President of the Senate and influential members of the House and Senate, composing tho Railroad Committee, in a conversation with Mr. Kimball and State House officers on this snbject, which he (Mr. Kimball) communicated to the Gover nor. Upon the statement of these facts to Gov ernor Bullock—of the promises and pledges— Governor Bullock, after great hesitation and doubt, reluctantly consented to adopt the pro posed plan of heating, lighting and furnishing the building, and advanced him abont seventy or seventy-five per cent of the entire cost; that there is now due and unpaid abont eighteen or nineteen thousand dollars. The answers of Mr. Kimball, to which special attention is called, with the contract, plan and specification are hereto attached, and marked The committee next called npon the Mayor and City Conncil of Atlanta, and inquired of them what construction they put npon the con tract made by the city with the Constitutional Convention, and also with the Legislature, and received the following evasive answer, marked No. 6, and hereto attached: The committee have taken the trouble to look into these con tracts, and while we think the one made by the city with the Constitutional Convention is broad enough to cover everything—as the city agreed to furnish suitable buildings for the Legislature free of all cost to the State—the subsequent one made with the Legislature, with the accompany ing plans and specifications, does not go far enough, in a strict construction, to require the city to heat and light the building under the modem, expensive mode of heating by steam, or furnish the present extravagant and expensive burners for lighting with gas. We think, npon a fair consideration of these should be cited, bnt for the purpose of this re port, we deem those already cited to be suffi cient In paragraph 64 of Irwin’s Code, among other enumerations of the Governor’s power, we find the following: “He shall have general supervision over all property of the State, with power to make all necessary regulations for the protection thereof, when not otherwise provided for.” It is under this broad power, we apprehend, that former Governors have frequently, in the preservation of the public property, assumed the right and necessity of making repairs on Public buildings, bnt we are unable to find the power in this clause to authorize the purchase of new furniture, either for the Leislative Halls or the Executive Mansion, by the Governor, without first having an appropriation for that express purpose by the Legislature. Yet we find that Ex-Govemor H. V. Johnson did it, and was sustained by the Legislature. In fact, nothing at the time was said abont it. The power to make all necessary regulations for the protection of the public buildings, does not and cannot give the power to purchase or enlarge, bnt simply the power to repair, and then only under circumstances when the repairs would be immediately necessary to protect and preserve the property. But it is said by Ex- Gov. Brown, in his reply to the Committee, and asserted by others, that cases may arise when a generous people will allow the Executive of a great State a wide discretion, and sustain him in acts drawn out in great emergencies, when he has honestly and faithfully done what at the time seemed imperatively necessary. This we concede to be true, and that an emergency like the one alluded to by Governor Brown, in 1862, when, during the war, the peo ple were actually starving for salt, or the case when Governor Johnson nobly and generously stepped forward to aid a portion of our State, terror-stricken by disease, and suffering under their bereavements for tho necessities of life— the people approved of these acts, and we trust that the time never will come in Georgia when its people will be so dead or callous to the cries of suffering humanity as not to approve of such acts, and sustain the Executive of the State in their performances. The case nnder the consideration has no similitude or analogy to these, and therefore cannot be sustained for the same reasons or on the same grounds. Was there an emergency which made it imperatively necessary for the Governor to advance, out of the money belong ing to the State, thirty-five thousand dollars ? If there was no such emergency, was the advance necessary for the protection of the property of the State ? When we feel strongly disposed, from the high regard and great respect always due to the Executive of our State, to look with indulgence upon, and forbearance from, anything like a censorious or partizan criticism of his acts; yet a sense of duty to the law and obligation to those we represent require us to hold him strictly and rigidly responsible. If he err, we should be re creant to toe trust confided in us did we not tell bim so in such language and manner as to pre vent the recurrence of his errors. We do not say that Gov. Bullock has been gnilty of any thing criminal or of bad faith, but, on toe con trary, we believe his intentions were pure, and wliat he did was in good faith, believing at toe time it was for toe best interest and welfare of toe State, yet we think be acted witoont author ity of law. Hence we propose to examine his acts and try them by the same test that the highest and lowest citizen is tried—toe law and too evidence. The evidence show? conclusively that it was well known, while the Legislature was in session last summer, that, under toe contract with toe City Council of Atlanta, toe City Council did not intend and did not fH-nk it was required,for toe city to go to toe expense of heating and lighting or furnishing toe Capitol bnilding with any other apparatus than what was then on hand and in the possession of toe State. For this reason Mr. Tweedy, Chairman of the House Bnilding Committee, introduced a resolution, at toe heel of last session, to authorize the Govern or to purchase a heating and lighting apparatus for the new Capitol Mr. Price moved to amend by saying that toe Governor be authorized to pay only for gas and fuel The original resolution was voted down. This was done under toe im pression and toe firm belief of the members that toe City Council of Atlanta were to furnish ev erything to the State free of expense for ten years. If it was known at that time by toe Gov ernor that toe City Conncil refused, and toe ex pense had to be incurred by the State to heat and light toe Capitol was it not his duty to have called toe attention of toe House to this subject ? Ii toe testimony of Mr. Kimball is true, was not toe Governor apprized of toe fact that toe City Council refused to pay for it ? Was it not the duty of Governor Bullock, if he believed toe City Council of Atlanta re sponsible for toe expense necessary to prepare toe Opera House for too assembling of the Legislature, to have called upon the City Coun cil to provide for toe expenditure ? And was not the City Council the sole judge of the mode, manner and style of heating and lighting toe contracts, it was toe intention of toe contracting! Opera House? Could not the Opera House parties to heat toe honse by toe old and more I have been heated, lighted and furnished with common mode of stoves and grates, and light '■ toe flues, grates and stoves, which Mr Kimball with chandeliers; and as the old Capitol at Mil-i commenced to prepare for, and lighted with ledgeville was amply supplied with furniture, no ! chandeliers; and would not toe old furniture great additional expense would be needed, and, j have been sufficient until toe Legislature had old Capitol at Mill edge ville, and received toe annexed communication, marked No. 7, in re ply. We also attach a fidler and more complete statement in regard to this matter from toe Su perintendent of Public "Works. We addressed Ex-Govemor Joseph E. Brown, and inquired as to toe comses other Governors had pursued whenever an emergency arose, during a recess of toe Legislature, requiring toe exercise of_ that extraordinary power vested in toe Execntive, to use toe State money when no firing the war—in 1862—of toe purchase of salt iu Virginia, he says that “there are cases when tho Governor may properly as sume such responsibilities, but that it should al ways be done cautiously and in perfect good faith, as it is done on the personal responsibility of the Governor, if the Legislature refuses to make the appropriation, which refusal would be unreasonable and unjust to toe Executive is sat isfied that the expenditure was reasonable, and was justified by toe emergency.” The reply of Ex-Govemor Brown is hereto appended, and marked No. 8. We fonnd in toe annual message of Ex-Gov. Brown, to toe Legislature in 1862, the following statements to that body of the discretion he bad seen proper to exercise in toe use of public money under the then existing emergency: “As it could be, and was iu preparation to be heated with grates and stoves, and lighted with chan deliers, and the old furniture would have been sufficient, where was the emergency which re quired the exercise of the extraordinary power by toe Governor? Was there any urgent ne cessity similar to toe cases cited by Ex-Gov. Brown, or the one when Ex-Gov. Johnson ad vanced twenty-five thousand dollars to the city of Savannah? The fact that toe Opera House did not belong to toe State, but was the property of a private citizen, relieved Governor Bullock from any ne cessity of advancing any money for its protec tion or repairs, or for furnishing any aid to its improvement by toe way of apparatus to heat, light or furnish it, and hence there was no leg.d necessity for toe advance which had existed with other Governors. We cannot say in the language of ex-Govemor Brown to us, “ that we are satisfied that toe ex penditure was reasonable and was justified by he emergency.” Neither can we say, after a full consideration of all the facts, that there was any .very urgent necessity which required it. We are aware that the assurances made by toe Railroad Committee, had much to do in in fluencing the action of the Governor, and this fact, if it be true, coming os it does from such' a responsible, respectable source, in our minds, to a great extent exonerates the Governor. We in*, but, satis*d as we are. of the integrity of the Govern‘'’i ar ® stm billing to repose m him ° Irfco^kision, therefore, npon a full consider ratio* of oil the facts and circumstances with fluence brought to bear upon us, the ms- of the Committee having so decided, we _ jfuse to make any recommendation whether toe State shall assume the payment, or the City Council of Atlanta shall be responsible, except we recommecd, to prevent a similar occurrence hereafter, toe Judiciary Committee be instruct ed to prepare a bill to define more clearly toe duties of toe Governor and Treasurer, and give toe Treasurer toe exclusive power of negotiating State bonds, by and with toe consent of toe Gov ernor. We apprehend that toe Treasurer, when a warrant is properly drawn by the Governor and approved and entered by toe Comptroller Gene ral, has no right to go behind too warrant to look into its legality. The warrant, if within toe amount appropri ated, is his security. The contingent fund is placed in toe Governor’s hands to be used as he tiiinkq proper, and th8 Treasurer has no right to question his use or application of that fnnd. The Governor in his communication to ns, charges toe Treasurer with a refusal to pay his warrants, with captiousness and a want of prop er respect and courtesy to toe Executive Depart ment. We have not been able to look fully into these charges and see whether they are well grounded or not, but if found to be true, we feel com pelled to disapprove of toe Treasurer’s con duct. Iu order for toe business of toe State to move on there should be a good official under standing and perfect harmony among all toe officers of toe different departments, for if there is not such a relation, one with toe other, disor der and confusion must ensue. All of which is respectfully submitted. W. H. F. Hall, Chairman F. C. (Note.—On Thursday the Legislature received toe report of toe minority, and adopted it by a vote of yeas 86, nays 37. We will publish it as soon as received.—Eds. Telegraph. purchase from said pioprietors; what either toe MINORITY REPORT OP FINANCE COMMITTEE. Mr. Speaker: The undersigned, members of the Finance Committee, would respectfully sub mit toe following report upon toe matter dis closed to the House, by report of the State Treasurer, on toe 24th ultimo, in response to a resolution adopted by this House. A careful analysis of the mass of testimony which has been before ns developes toe follow ing state of facts: That his Excellency, Gov. Bnllock, checked upon the Fourth National Bank of the city of New York for amounts as follows: On 29to October, 1868 $17,000 09 On 3d December. 1868 8,000 00 On 12to December, 1808 10,000 00 Amounting in the aggregate to toe sum total of $35,000 00 These amounts were charged np to State ac count, and expended by his Excellency, without toe authority of law. The said amount did not go into toe Treasury, and was not drawn there from, in toe usual way, npon executive warrant; that until toe 9th of January, 1809, toe Treas urer had no notification or intimation of toe fact that said amounts had been so drawn and ap propriated, though ample time and frequent op portunities for such notification had transpired; that toe first intimation of toe transaction which reached toe Treasurer was in toe statement of toe bank account of toe State, which reached him on the 9to of January, 1869. In this con nection we would call attention to the fact, that toe Governor did not, in his annual message to toe Legislature, and has not since, officially and directly communicated to toe Legislature toe facts connected with this transaction. Nor has he attempted to explain directly to toe General Assembly toe manner in which, and too purpose for which, such unauthorized expenditure was made. 2d. That his Excellency explains to the Fi nance Committee, and through said committee to toe Legislature, that said sum of §35,000 was expended as follows: “To C. '.I. Kimball & Co., 29 Broad street, New l’ork $15,000 00 To H. J. Kimball 6,000 00 To Draft to H. J. Kimball 10,000 00 Total $31,000 00 The balance of four thousand dollars is in cash, and in cash items, authorized by law, to bo cancelled by warrant, whenever the Treasu rer is placed in proper relation to this (toe Ex ecutive Department.” 3d. That toe Messrs. Kimball have run up au account against the State of Georgia, for items as follows. » For heating toe State Department $15,000 00 For lighting toe two Legislative Halls.... 1,800 00 For freight and putting up lighting appa ratus 250 00 For gas fixtures 6,500 00 For desks, tables, chairs, inkstands, spit toons, etc 10.00000 For carpeting and matting 6,000 00 For painting, upholstering, setting up fur niture, vault, counters, shelves, pigeon holes, book-cases, etc 6,500 00 For packing, carting and freight not here tofore included 4,200 00 Total $50,750 00 And that toe §31,000 00 above named has been applied in part payment of said account, leaving toe sum of §19,000 00 yet due and un paid. 4tli- That no itemized accounts, or bill of par ticulars, have been presented to the committee, showing how tho above stated aggregate, round amounts have been made up. Hence, neither toe committee nor toe House can form any re liable opinion as to toe reasonableness of toe charges made; that the whole of the heating apparatus is a fixture belonging to toe building, and toe same is true of toe gas pipes ; and that, while either the city of Atlanta, or the State might be charged reasonable rent or hire for these things, they certainly cannot be expected to purchase them; that xnnch of toe painting was necessary for the preservation of the building, and was not necessitated by the adaptation of the bnilding to State House purposes; that it has not been made evi dent to us that toe furniture of the old Capitol, now lying idle and likely to become wholly worthless, conld not have been made available for the present temporary Capitol; that we are of toe opinion that by far the larger portion of said old furniture could have been made serviceable for many yeare to come, and was of a character suitable for State House purposes. It is evident to us that this Legisla ture, at its last session, distinctly refused to au thorize toe Governor to purchase a heating and lighting apparatus for the temporary Capitol, and that his Excellency acted in direct violation of toe known will of the Legislature. 5th. That there are three parties interested iu this matter—the proprietors of toe Opera build ing, as lessors; toe city of Atlanta, as lessee; and the State, as occnpant nnder said lessee. "What toe lessors were to fnmish depends npon toe contract of leasing. "What toe lessee was to furnish depends npon toe contract between the State and toe city of Atlanta. We submit that for onr present purpose it does not now be come necessayto construe either of said con tracts. Suffice it to say that neither the State nor toe city contemplated toe heating and light ing of toe temporary capitol, in toe extravagant mode adopted, and the Governor was fully ap prised of this fact It is equally evident to us that neither the State nor the city contemplated toe purchase of an entire new outfit of costly furniture for the temporary capitol. This toe Governor must also bare known; and it is a fact too plain to be dispnted that an outlay of §60,- 000, in fitting up a building which is to be used for State House purposes for ten years only, nn der all the circumstances, was simply reckless extravagance. 6to. The course pursued by His Excelleny is, in our opinion, not only without authority, bnt is also without precedent, so far as we are ad vised. The direction of ex-Gov. Brown to his Com missary General to apply §100,000 to the pur chase of salt—said amount to be replaced by the proceeds of the sale of the salt—during a time of war, when the people were suffering for that commodity, is certainty no precedent The same is true of an advance of §25,000 to toe city of Savannah by ex-Gov. Johnson, when that city was invaded by pestilence audits people were suffering for food and medical aid. The fact that ex-Govemor Johnson expended less than §3000 in excess of an appropriation which had been made for a specific purpose, and communicated the fact to the Legislature upon its assembling, accompanied by the proper vouchers, and asking an appropriation to cover the excess so expended, cannot be insisted upon as a precedent. No emergency existed which demanded of Governor Bullock this extraordi nary departure from law and the usual custom of toe Executive of State. 7th. We are wholly unable to state what arti cles purchased were necessary, and what was the cost of such necessary articles. We cannot now state what either the State or city ought to ent or hire from the proprietors of the Opera uilding, and what toe State or city ought to State or city onght, in good faith, to pay for; and, in the present state of toe case, it is utterly impossible to arrive at any reliable conclusion in regard to these matters. Under this state of facts, we remark, first, That Treasurer Angier did nothing more than his duty, when the aforesaid irregularities were brought to his knowledge, in investigating fully the manner in which the money had been drawn, and in ascertaining, if possible, what disposition had been made of it—and in ascer taining precisely to what extent theunautoorized proceeding had gone, with a view to his own protection as a bonded officer, and toe protec tion of his sureties, and toe preservation of toe funds of toe State. His course was commenda ble, and for it he is entitled to our thanks. Second. That toe Treasurer, when called up on by the Honse for information touching tius unauthorized course of his Excellency, did bat his duly in communicating to toe House imme diately, and witoont consultation with his Excel lency, such facts as were in his possession, and in his report to toe House, there is displayed no ill feeling or captions opposition to his Excel lency. The report is simple, succinct, intelligi ble, and responsive to the resolution. Third. That no misunderstanding between his Excellency and toe Treasurer, nor toe absence of toe Treasurer from toe city, nor any other reason which has been assigned by his Excel lency or his apologists, satisfactorily explains too failure of his Excellency to notify the Gen eral Assembly, at toe earliest practicable mo ment, that ho had drawn money upon toe ac count of toe State, and appropriated it, without authority of law, and to explain upon what emergency said unauthorized expenditure was msde, submitting at toe same time vouchers iu detail in full explanation of that expenditure. Such prompt and full explanation was due to toe Legislature and the people cf the State. Fourth. Until toe Legislature shall have been officially and directly advised of toe amounts expended, and for what said amounts were ex pended, and what necessity for such expenditure existed, accompanied by original bills and other vouchers, we cannot say what portion of such expenditure ought to be paid—or whether c^y or State ought to pay it. When it is made evident that the State ought, iu good faith, to pay any portion of such amount as his Excellency has seen fit to check out of toe Fourth Natipnal Bank, and pay over to toe Messrs. Kimball— and an appropriation is asked to cover said amount, it will be ample time to consider toe propriety of making such appropriation. Fifth. In our opinion, the facts herein set forth, develop toe necessity for further legisla tion, for toe security of toe Treasury. We there' fore recommend: , 1st That no appropriation be now made to cover the §50,000, expended as aforesaid, or any part thereof. 2d. That toe accompanying bills, which we beg leave now to introduce, be passed. A.S. Fowler, G. S. Carpenter, Wsl B. Gray, John Higdon, C. C. Cleghobn, John Long, O. G. Spares, H. C. Kellogg. licitor and the accused may select either pannel rtf tilo Tr.—. A.— A_. iL. -n . The Jury Law. An Act to carry into effect the Second Clanse of the Thirteenth Section of the Fifth Article of toe Constitution. Section 1. Be it enacted by toe Senate and Honse of Representatives of the State of Geor gia in General Assembly met and it is hereby enacted by the authority of the same, That it shall be toe duty of toe Ordinary in each coun ty in this State, together with toe Clerk of toe Superior Court and three Commissioners, ap pointed for each county by toe presiding Judge of toe Superior Court, removable at his pleas ure, to meet at toe Court-honse on the first Monday in June, biennially, whose duty it shall be to select from the book of the Receiver of Tax Returns “upright and intelligent persons” to serve as Jurors, and to make out tickets, with toe names of the persons so selected, which said tickets shall be put iu a box to be provided at the public expense; which said box shall have two apartments, marked number one and two, and which shall be locked np and sealed by toe Judge, and placed in the care of the Clerk, and the key in the care of toe Sheriff, and no Grand nor Petit Jury shall be drawn but in toe pres ence of toe Judge, in open Court. Nor shall any person, on any pretense whatever, open said box, or alter toe names placed therein; and any person so offending, npon conviction of toe same, shall be punished by fine and imprison ment in the common jail of the county, at toe discretion of the Court. Sec. 2. Be it further enacted, That toe Judges of toe Superior Courts, at the close of each Term, in open Court, shall unlock said box and break the seal, and cause to be drawn from apartment No. i not less than eighteen nor more than twenty-three names, to serve as Grand Ju rors at toe next Term of toe Court. After which said Judge shall proceed to draw out of the same apartment thirty-six names, to serve as Petit Jurors for toe trial of civil and criminal cases; all of which names so drawn out as aforesaid shall be deposited in apartment No. 2; and when all toe names shall have been drawn out of apartment No. 1, then toe drawing shall com mence from apartment No. 2, and toe tickets be returned to No. 1, and so on alternately: and no name, so deposited as aforesaid in said box, shall, on ony pretense whatever, be thrown out of said box, except when it is satisfactorily shown to toe Judge that the Juror is dead, re- moved out of toe county, or otherwise disqual ified by law. Sec. 3. Be it farther enacted, That whenever, from any cause, toe Jndge shall fail to draw Juries as provided in this act, it shall be toe duty of toe Ordinary of toe county in which such failure may have occurred, together with the Commissioners and Clerk of said county, to meet at toe court-house at least twenty days previous to the next ensuing Term of toe Court, whether such Term be a regular or adjourned Term, and then and there draw Grand and Pitit Jurors to serve at that Term, all of which shall bo duly entered by said Clerk on the minutes of toe Court and signed by toe Ordinary. Sec. 4. Be it also enacted, That within thirty days after said Jurors shall have been drawn by a Judge of toe Superior Court, and within five days after they may have been drawn by toe Ordinary and Commissioners, as herein pro vided, the Clerk of toe Superior Court shall is sue and deliver to toe sheriff, or his deputy, a precept containing toe names of toe persons drawn as Grand Jurors; and, upon toe receipt of said precept, toe sheriff, or his deputy, shall cause toe persons whose names are therein writ ten to be served personally, or by leaving toe summons at their most notorious places of resi dence, at least ten days prior to toe term of toe Court the Jurors were drawn to attend. Seo. 5. Be it also enacted, That a Grand Jnry shall consist of not less than eighteen nor more than twenty-three persons, and that toe duties of a Grand Jnry shall be confined to such matters and things as by toe laws and statutes of this State a Grand Jury are required to perform. Sec. 6. Be it also enacted, That toe Judges of Superior Court in this State, at each term, shall from toe Petit Jurors have made up two pannels of twelve jurors each, which shall be known and distinguished as pannels number one and two; all equity cases, collateral issues, and issuable pleas, etc., in said Courts, shall be tried by one or toe other of said pannels, provided toe par ties can agree upon a pannel to try the same. Bnt in toe event the parties cannot agree upon a pannel then it shall be toe duty of toe Clerk to famish toe parties or their attorneys with a list of both pannels, from which said list the parties or their attorneys may strike alternately, until there shall be but twelve left, which shall constitute toe Special Jury to try the case. In all cases toe plaintiff shall have toe first strike. Each paanel of the Petit Jury shall take the oath prescribed for special juries in section 3855 of toe new Code; and Grand Jurors shall take toe oath contained in section 3S47 of the same Code; Provided, That toe Jndge may in his dis cretion have special juries drawn from the Grand Jury in the manner heretofore prescribed by law for the purpose of trying issues in civil cases. Sec. 7. Beit also enacted, That if any person shall be drawn as a juror, and duly summoned to appear as such at court; or if any person shall be summoned as a Tales Juror, and shall neglect or refuse to appear; or if any juror shall absent himself without leave of the Court, a profitable business when they won ~, o0 r then and in that event it Bhall be lawful for toe money. Our veins are generally larg^rj^.^ Court to fine such persons in a sum of not more than forty dollars. Sec. 8. Be it further enacted, That when from challenge or from any other cause, there is not a sufficient number of persons in attendance to complete toe pannal of Grand Jurors, or either E annel of Petit Jurors, toe Court may order the heriff or his deputy to summon persons quali- 1 fled as hereinbefore required, sufficient to com plete the panneL And when toe Sheriff or his deputy is disqualified to summon talesmen as aforesaid, than they may be sommonld by the Coroner, or such other persons as toe Court may appoint. : ’ Sec. 9. Be it also enacted, That on the trial bo able to put it in operation. xarggCS- of criminal offenses, leas than felonies, the So- I remain yours, etc., ** of toe Petit Jury to try the case. But uTtta event toe Solicitor and the accused cannot agree upon a pannel then toe Court shall have » pannel made np of the twenty-four Petit Jutots in attendance, of which the accused «>H1 have toe right to challenge seven peremptorily and toe State five. The remaining twelve «hnVi , stitute the Jury. Sec. 10. Be it also enacted, That when anv person shall stand indicted lor any offense which, upon conviction, may subject him to the punishment of death, or to imprisonment in the Penitentiary, it shall be toe duty of toe Court to have impanneled forty-eight Jurors, twenty-fonr of whom shall be taken from toe two pannels of Petit Jurors, from which to select the'jury for the trial of such offense, and in the event the jury cannot be mads up of said pannel of forty- eight, the Court shall continue to furnish pan! nels "consisting of such number of Jurors as the Court in its discretion may think proper, until i Jury is obtained. ’ a Sec. 11. Be it also enacted, That, on the re. visalof toe jury box, as provided in this act it shall be toe duty of toe Clerk to make out a list of all toe names in toe box—toe same to be al. phabetically arranged—and to place said list or file in his office, which said list ahull he - certi fied by the Ordinary, Commissioners and Clerk to contain all the names placed in toe jury bos! Sec. 12. Be it also enacted, That the Ordina ry, Clerk of toe Superior Courts, and three Commissioners in the different counties in this State, shall meet at toe Court-house within thirty days after toe passage of this act, to or- ganize jury boxes according to the provisions of this act; and that toe jury boxes in this State shall be revised, as herein provided, on toe first Monday in June, 1870, and ever there after biennially on toe first Monday in June. Sec. 13. Be it also enacted, That after the Jury Boxes shall have been organized as pro. vided in toe previous section of this act, the Ordinaries ana toe Commissioners in their re spective counties shall immediately proceed to toaw Grand and Petit Jurors to serve at the next term of toe Superior Court; which Jurors shall be summoned as provided in thi3 Act—til of which shall be duly entered by the Clerk on toe minutes of his Court, and signed by the Or- dinary. Sec. 13. Be it also enacted, That the Compen sation of Grand and Petit Jurors shall be one dollar for each and every day they may serve. Sec. 15. Be it also enacted, That an act to authorize the holding of the Superior Courts of this State at toe ensuing Fall Term and to pro- vide Juries therefor, approved April 27, 1868, be and toe ssme is hereby continued iu force until Juries can be drawn under this Act: and all Juries now drawn shall be considered and are hereby declared legal Sec. 16. This Act shall go into effect from and immediately after its passage. Sec. 17. Be it further enacted, That for the purpose of supplying juries for the several su perior and city courts in this State, which are now suspended for toe want of proper juries: and for those whose times of holding may occur before toe provisions of this Act can be made available, that the respective Judges of said Courts, or toe Ordinaries of toe respective counties, together with the Clerk of said Court, and the Sheriff of toe county, be and they are hereby authorized from the jurors whose names are now in toe Grand and Petit Jury Boxes of said Courts, (toe said boxes to be consolidated, so as make no classes.) to draw such Grand and Petit Jurors as may be necessary to serve as a Grand Inquest, and for the trial of all causes, civil and criminal, in accordance with the Constitution and existing laws of this State, and all such tales jurors as may be necessary from time to time to complete said juries; and that the venire be made returnable to toe ap proaching term of the said Court, or to such day of toe term as toe Judge may direct, pro vided that each regular juror so drawn shall be summoned at least two days before toe term of said Court, or toe day appointed by toe Judge: and that all verdicts and other acts done by such jurors shall be lawful and regular to ail intents and purposes: provided that this sec tion shall not be construed to be in conflict with toe fifteenth (15) section; and toe Judges of said Courts, in their discretion, may avail them selves of toe provisions of qjther of the said sections. And be it further provided that the provisions of this section shall not be of force for toe holding of any Court whose term may commence after toe first of June next. Sec. 18. All laws and parts of laws conflicting with this Act are hereby repealed. W. P. Price, Speaker pro. tem. Honse of Bep. M. A. Hardin, Clerk of House of Rep. % Benjamin Conley, President of Semite. E. A. Marshall, Secretary of Senate. Approved, February 15,1869. Rufus B. Bullock, Governor. Office of Secrebaby of State, > Atlanta, Ga., Feb. 18, 1869.) I hereby certify that toe foregoing is a tree and correct copy of the original Act on file in this office. Given under my hand and seal of office. David G. Cotting, Secretary of State. Gold Mining iu Northeastern Georgia. From the Atlanta Cemtitution.1 Dahlonega, Ga., February 15, 1869. Messsrs Editors: Having observed toe great interest manifested by you in the development of the resources of our State, I have thought that a brief account of toe Gold Mining opera tions of this section might be interesting to some of your many readers. " The Gold Mining interest of this section is a much more extensive business than many, even as near as your city, are apprised of, and when I tell you that the compames in this, and in White county, represent several millions, that it will be new and surprising to many of you readers. The names of toe companies in this county are the Yahoola and Cane Creek Hydraulic Hose. The Wood, toe Georgia Gold, the Ches- tatee Flaming and Mining, toe Dahlonega lik ing, the Etowah and Battle Branch; toe Anti- cafola Mining, and Moore & Harris Quartz Mil etc. Those in White are..toe Lewis & Sprague, the Nacoochee Hydraulic Hose, and Logan 4 Asbury’s Mill. Besides these, there were two companies chartered at toe last session of the Legislature, the Nacoochee Valley, and th« Hannay Mining Companies, covering extensive and very valuable properties, that wm be in op eration during toe spring or early summer, h> these, except Moore & Hams and Logan & An bury's Mill, are owned and operated by North ern capitalists, and as before stated, represent several millions of dollars. _ Besides, there are quite a number of indin-' ual companies composed of from three to sis men each, working the deposits on toe rivers, creeks and branches, “ on their own hook,’ ** the miners say, making from one to fourpeM? weights to toe hand per day. Just at this time there is less activity m tnc larger operatives than usual, owing to the iac - of several having suspended for the winter, att* some others taking toe advantage of the season to enlarge and repair toe works for a more riS" orons campaign on the opening of spring. Sev eral however, are in frill blast; producing satisfactory results. _ The quartz mills in this section axe the 1J " hoola, with twenty stamps, the Hamilton, twen ty-four stamps, toe Georgia Gold, forty stamps- Annicalola, eight stamps, toe Lewis Sprague, twenty-four stamps, Logan ana A»n- ley, eight stamps, and Moore and Harris, i® 3 - stamps. All these, except toe two last, are i the latest and most approved styles, with an modem improvements. , Thus far the greatest fact developed inregaw to mining here is toe unprecedented cheap 31 with which they are worked, and when I assn®* that some of our mines where water is use®, * raising and crushing their quartz at forty ct per ton, it will be very surprising, if ?? • discredited, by those who had only Rocky Mo fain and California experience, where toe a V, age for toe same work is about seventeen- larsper ton. This alone will enabJe ns wn mining shall become a legitimate business, wholly disconnected from stock jobbing, make it both extensive and profitable. ^ veins are not so rich as those of Col® ^ California, yet the cheapness and abundance T labor, fuel and provisions, toe climate aBdin*£. aOiat mi vantages, will enable us to ^ money. Our veins are generally ores much less refractory than those of toe and rarely have any other waUrng than ^ slate, which enables ns to use the sto ^ hose-pipe to get out our ores, which is 0®“° no other mining oountiy in the worn- In this preliminary sketch. I hare been, only to enumerate toe several mines so* gj worked, and to glance at some ^t**®?^* 1 our idle mmes wiu mo ■“wg-—mjb* worked, and the United States erected at such a cost that the Goreram*®