Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, March 05, 1869, Image 3
\ ? •>f \ 11 The Greoi-gia, W eekly Telegraph. SfTE TELEGRAPH.! western anil Cental ft* the Sonth Central Xtailroad Com' pan les. ! The case of Stephen Collins and others against j the Southwestern and Central Railroad Compa nies, arising out of the stock sale of the city of "^[CON, FRIDAY, MARCH 5, 1869. — Xbe Last Veto Message. JMjjPBW president on the 22d, in a document half j Savannah, in which an injunction was granted vetoed the bill “regulating [that is, i by Judge Cole several weeks ago, was called the daties on copper and copper ores,’ j yesterday morning by Judge Cole. Wm. Dough *^^ J for the benefit of the Lake -Superior! el h> Gen. Lawton, and Lyon, deGraffenreid *** w ]j 0 M y they cannot live except by and Irwin were present as counsel for the Railroads; Messrs. Nisbet & Jackson, "Whittle & Gustin, W. H. Hull, of Augusta, and General linCrSj - - - 4 ■ n.' ^jng their hands into the pockets of other " 3 xhe veto, however, was promptly over- jVj jjy a party vote, and thus an additional tax . . c ,l on the people for the purpose of dimin- ^■Tthe w venue and “encouraging” the Lake ' nor miners- The vetoes of President John- ? will read well for him in history. There is onQ 0 f them which leaves its adversaries tL standing ground, and posterity will stand ^fazed at a Congress over whom reason exer- d no influence, and by whom common sense d statemanship were systematically ignored. Pat we are coming to the end of this thing oiDed “protection.” The selfishness and per- ■stent folly of the North "demand that it shall ^ M ronclusively exposed that no man can ever jjain raise his voice for it. So far from en- coaraging American manufactures, it has driven ont of every ioreign market, and will wind tpby crippling the home market so completely •jut the clamor for protection will hereafter raise guffaw. (; r c;,t Central Inland Ronte North, We call attention of the traveling public to jie idvertisement of Mr. C. P. Hyde, General »«nt of the above ronte. The completion of Jj? Augusta and Colombia road shortens the (ilit4nC o to Richmond, Washington, and New fork, by this route seventy-five miles and four ad a half hours. When the Macon and Augus- roail shall be completed it will make another 4Tiog of abont fifty miles, and when the Mobile isdGeorgia Road reaches Pollard the whole line vill form as straight a shnto to Washington from Joliile ns conld be desired. We are glad to see gas straightening of our great lines of travel, jud hope in no great while the time to New York from Macon will not exceed forty-eight hours. A Great Abtesian Bore.—An Artesian well itucbeil to the Insane Asylum, near St. Lords, bi$ Attained the extraordinary depth of 3,GOO «t. without finding water. This is undonbted- lv the deepest well in the world. There is one at Grenelle, France, J,800 feet iep, which throws up 500,000 gallons of water tniy twenty-four hours. There is oue at Leip- jf 3,200 feet deep, which up to this time has tMB considered the deepest in the world. The 0i Attached to Dupont’s paper mill, Louisville, bid AtUinod 3,100 feet the last we heard of it. iaesian wells (so-called from Ariesinm, a French Province,) are iron pipes sunk into the firth perpendicularly to great depths, through Thieh water is pressed to the surface. Bat the stream must have a source higher than the nioath of the well. Yea, Verily.—The recent marriage of Peter Super, a white Radical member of the Louisi ana Legislature, was a grand affair. The bride *as Eliza Jane Brooks, a negro woman, bom on a Baton Rouge plantation, and lately deserted by a hnsband of her own color. The ceremony was performed by the Rev. Mr. Turner, a col ored preacher, who has been acting os chaplain of the Senate. The Hon. Isabelle, a dan ly-look- ingcolored man, was one of the groomsmen, and one of the quadroon daughters of the land lady of the Rev. Carpet-bag Conway was brides maid, Hon. P. B. S. Pinchbeck gave the bride my. " A cFBiocs lawsuit is on the tapis in England. A Liverpool merchant, suddenly called to New Tork on urgent bnsiness, took a cab to the steamer, and in his haste forgot to pay the driver. On his return, three months afterward, be found the cabman and cab jnst where he had left them, sheltered by a little wooden shed, ud was met by a bill for coach fare for 1,080 boors by day and 1,080 hours by night. The cue is still on. A Great Bridge.—A bridge is to be built across the Mississippi river at St. Louis. A company has been formed for this purpose, with a capital of #3,000,000. It will have three divisions: one for railroad trains, one for ve hicles, and a third for foot All the prelimina ry Arrangements were completed on the 20th, nothing remaining bnt to go forward with the work. Host. Nelson Tift and the Reconstruction CotonTTEE.—Our first page contains a letter ad dressed by Hon. Nelson Tift Representative fan the Second Congressional District of Geor- to the Reconstruction Committee. This mer, in few words, embodies the whole argu ment and is on overwhelming answer to the ajority report of that committee. Tub French Atlantic Cable.—The great Eastern has received nine hundred miles of the French Atlantic cable on board. The wire is being manufactured at the rate of thirty miles < per day. If nothing happens it will be laid in Jtme or July. Reception of President Johnson.—The citi- cwsof Nashville and Greenville, Tennessee, ttdof Lynchburg, Virginia, propose to give Resident Johnson an appropriate reception on bis return home after the 4 th of March. Tb* fall of snow this winter, in Canada, shows >a increase of 38.77 inches over the mean twen- y fru*. The entire amount, if it had Iain as 11 fell, would have been about ten feet. At PWsentthe snow is four feet deep in the fields. A Washington letter says of Senator Sher- ®* a -" “The misfortune in his case is, that human hearts waro being passed around, Pot his hand into the basket and drew a Brill i iceberg.’’ Fa Fire in Gallatin, Tenn., last Wednes- . h Ifc snlted in the destruction of eleven build ^ other property to the amount of a hun- ^ thousand dnllgra Fbcsderbolt Races.—At the Thunderbolt **s on Thursday, the best time made was 3:30 dashes and fifty-seven seconds in a half that the Times.—The Augusta papers are of the first velocipede in % Blodgett calls a convention of the Bfca Republican party of Georgia.” at At- loathe 10thof March. Jawing is a brief editorial in the New “0 Herald of the 22d: bccthqn Hvdbophobu.—Cotton madness. that the Senate will cut down the a,.-. 8 k flre of the Northern Excess Banking * hl to $20,000,000. bj » Anna Schmidt, which was destroyed hi 6 ^ a ^ )ama off the coast of South America, imr( * a quantity of Ayer's Cherry Pec- * f j - td^ Ca ^ omia * Ayer A Co. now appeal tbj ress ^Eoot to the British Government, aa lij in ti»is wicked business, • ** * 6 ' r c ^ a * m for payment and protection Pound or humanity, as their commodi ty # J|}% for wot Their point is well pljcv . wUJ doubtless bo pressed with the button f r8istono y ’•biob characterise the (ft °' ibose celebrated chemists.—Balti- Robert Toombs were present for the complain ants. Hon. O. A. Lochrane appeared for the State of Georgia, having been duly commission ed by Governor Bullock to look after the inter ests of the Commonwealth in this great suit. The interest attached to the case may be in ferred from the great array of legal talent dis played by both sides, as detailed above. At the opening of the case, Judge Lochrane. on behalf of the State, moved to make the State a party which, after considerable discussion, in which the Counsel generally participated, was granted by the Court. Judge L. put the right of the State to be beard, not so much on the fact that she was large a stock-holder in the At lantic and Gulf railroad, as upon the general policy of the State to see that all the railroad enterprises of the State should be protected and that existing corporations should not by their weight of wealth and influence go outside their charter to divert trade from its legitimate channels by purchasing stock to control young and straggling companies. After an amendment to the bill, the case was continued to some future time to be agreed upon, and the court adjourned. The motion to dissolve the injunction granted by Judge Cole against the. Macon and Bruns wick railroad, will be heard this morning. East India Cotton Crop. The official retumsof the cotton culture in the Bombay Presidency, show a small increase last season from the preceding in the amount of land nnder cultivation, but a slight decrease in the crops taken from it. The land under culti vation during the year 18G7 for raising cotton was 1,879,4G5 acres 33 J gnntas (one-fortieth of an acre). Last year the breadth of land used for this crop was 1,900,029 acres 3GJ guntas. A little upwards of three-quarters of a million acres were devoted each year to exotic cotton. The total crop a year ago was 126,341 candies 75G pounds, or in pounds. 93,032,103. The past season the crop was only 109,1G7 candies G5G pounds, or 85,557,G87 pounds. The decrease is largest in exotic cotton, amounting to 66,749 candies in 18G7, and only 58,337 candies in 1868. The crop of native cotton has likewise dimin ished from 59,592 candies in 1867 to 55,830 can dies in 1868. The report of the Commissioner adds that there is a prospect of a good crop the coming year. If the reader will tako his pencil and figure little, he will see that, according to these data the average yield of cotton in the Bombay Presi dency was, in 1867, forty-nine and half pounds to the acre, and in 1868 forty-three and two- thirds ponnds; that is to say, a crop not worth on the average ten dollars to the acre in Liver pool ; and what it was worth in. India, we have not the data at hand to determine. It really does not appear that a product like that offers any promising competition with the American crop, conceding all the advantages of cheap labor claimed for the India cotton. In the Southern States we should set down the smallest product at about 125 pounds, and we believe the average in ordinary seasons now will not be less than a hundred and fifty pounds. "With equal land and labor to that which is ap plied to the Bombay cotton we should no doubt produce five hundred pounds of lint to the acre. The truth is too apparent for dispute that cot ton production in India is a fight against nature. The seasons are not adapted to it, and the pro duct is as scant in quantity as it is poor in qual ity. The culture has been forced by British manufacturing influences, not only against plain natural conditions of success, but against the material interests of the Indian provinces; and the terrible famine which has latterly swept over those countries, in which many thousands have perished from destitution, are no doubt in great part due to the forced abandonment of the great natural product of the soil—rice—in favor of this abortive attempt to supplant American cotton. Will the Legislature ever Adjourn Messrs. Editor* :—The people of Georgia are weary and tired out with the present prolonged session of the Legislature. It is costing them, at the lowest calculation, $5,000 per day. Count ing the clerks attached to each Honse, there are 300 men drawing $9 per day, or, in this one item, $2,700. The stationery, printing, fuel, lights, and who knows how many other items, ran the bill which we have to pay each day to $5,000 at the lowest calculation. The session has lasted nearly sixty days, for which the State will have to pay at least $300,000. And still it drags its weary length along. To day we read that a bill has passed changing the line of some counties. To-morrow a motion to reconsider is carried almost unanimously, when a lengthy debato ensues lasting to the hour of ad journment. After these exhausting labors last ing until the late hour of 3 p. m. all hands draw their $9 and rest their weary frames. It seems to me they have legislated upon every subject which can bo thought of, and nothing of the slightest importance to the State or any section remains needing their attention. The truth is, many members drawing this $9 per day never made half that much, or one quarter, or one-third that amount before. And hence they are loth to voluntarily surrender such a good thing. I appeal to all good men in that body tvho re spect their constituents to use their utmost in- flnence to stop this costly machine. The peo ple of the State are too poor to pay the enor mous burthens it is throwing upon them. They must readily understand the motives of their colleagues in refusing to sanction motions for final adjournment, as the people at large per fectly well do. There was little, or next to no reason, for this session at all. No one appre hended that it would last longer than two or three weeks. Finally I would request the people all over the State to hold public meetings and demand an adjournment. A few hours spent in this way will save them thousands of dollars now being paid out for no good whatever. Reconstruction and the readjustment of State machinery, have already cost the people of Georgia about $1,200,000. The whole thing was not worth in reality $10 to them. We have now about the poorest set of laws since the or ganization of the Slate one hundred years ago. The country is never in any danger save when Congress or the Legislature is in session. I therefore, upon the unanimous consent of every tax payer in Georgia, except these nine dollar fellows mentioned, move that this Legis lature do now adjourn for two years, or until the first Mosdayin January, 1871. Grafton. The Senate anil the Tennre-of-OllIce. The New York Times of the 22d has the fol lowing r It is evident the Senate does not intend to re peal the tennre-of-offlee act, or to permit Gen. Grant to make removals from office without their consent. Under all professions of confi dence in Gen. Grant, and desire to aid and sup port his administration in all possible ways, Senators clearly mean to keep these fetters on his hands. They know perfectly well that cor ruption and imbecility in office is the greatest of the many evils from which the country suf fers, and that a thorough, vigorous reform in this respect would do more than anything else towards reducing the heavy taxation which weighs upon the people, and paying the public debt. But for all that, they do not intend that General Grant shall have the power to accom plish that reform.' He shall not remove a single General Assembly of Georgia. REPORTED SPECIALLY FOR THE MACON DAILY TELEGRAPH. Atlanta, Wednesday night, February 24. In tbe Senate to-day, the School bill was passed, with some slight amendments ; bnt sev eral sections of the bul will be Reconsidered to morrow. Several other bills were read, bnt nothing of interest transpired. HOUSE. The Honse met. On motion, a seat on the floor was tendered to Gen. Robert Toombs. The Governor’s veto message of the bill regu lating the qualifications of voters in the city of Columbus, being the unfinished business from yesterday, was the first business in order to-day, and Mr. Lane took the floor. He spoke briefly in opposition to the bill, and hoped the Honse would not pass it over the veto of the Governor. Mr. Phillips said, I do not rise for the pur pose of defending the political course of Gov ernor Bullock, nor to apologize for his veto mes sage, bnt to discuss the constitutionality of this bilL If it is constitutional we should pass it, if not we should not pass it. The Lw makes a clear distinction between public and private cor porations, the governments of public corpora tions are called municipal governments and Blackstone says municipal law is properly de fined to bo a rale of civil conduct prescribed by tbe supremo power in a State, and municipal as used by the Romans originally designated that which pertained to a municipium, a free city or town and it still retains this limited sense. The power given to municipal governments must be derived from the Legislature, and can be taken from them at any time. The Code defines very closely the difference between public and pri vate corporations are the powers given to each, sections 1670, 1671, 1672, and 1673 reads as follows: Corporations are either public or private. A public corporation is one having for its object the administration of a portion of the powers of government delegated to it for that purpose; such are municipal corporations; all others ore private whether the object of incorporation be for public convenience or individual profit, and section 1680 declares that public corporations being established for public purposes are always subject to dissolution by the act of tbe General Assembly, while private corporations heretofore created without the reservations of the right of dissolution and where individual rigbts have be come vested are not subject to dissolution at the will of the State, consequently public corpora tions can be deprived of their charters by the Legislature at any time, bnt such is not the case with private corporations that have vested rights; the, city of Columbus has no rights, only such as may be taken from her by the Assemby—that question is clearly sustained by the laws now in force. In regard to the constitutionality of that clause of the bill which requires a residence of six months in the city before electors will be allow ed to vote, I will say that there can be no doubt of its nnconstitutionality, in my humble opin ion. Tbe Constitution requires a residence of six months in the State and three months in the county before electors can receive the privileges of the elective franchise, and they cannot be de barred from that right by requiring a residence of six months in tbe city if they reside within the incorporate limits or the county thre e months. Another objection presents itself to my mind in requiring a registration tax of one dollar, in lieu of the poll tax, of the citizens of that city. I do not think it would be treating the citizens of the other portions of the State with justice to confer upon the authorities that power. It would prohibit the collection of the State poll tax as contemplated by the Constitution, and de feat the organization of the general school sys tem. Let the poll tax required by the Constitu tion be collected from every section, that all may be benefited by it For these resons I cannot support the bill, and must under a conscientious conviction of duty, vote against its passage. Mr. O’Neil spoke against the passage of the bilL Mr. Bryant opposed the bill and cited the case of the town of Lumpkin, Stewart county, npon which a similar veto was received from toe Gov ernor last session. "We regretted that toe pres ent bill had not been so formed as to render it unnecessary to object to it, as he would like very much to see an election brought on in toe city of Columbus, but they could not or they onght not to pass a bill which was clearly un constitutional. Mr. Crawford held that it was constitutional and right, and that- corporations should have special rights vested in them, which should be long to them and which they alone should con trol. Mr. Duncan spoke in favor of toe bill. Mr. Saussey thought it very strange that a bill of thin kind should have been investigated by two committees and been acted upon by toe House, and that it remained after all for the Governor to find ont that it was unconstitutional The poll tax seemed to be the barrier which gentlemen conld not surmount, though it ap- )eared to him to be toe least obstacle of alL Ie read from toe Constitution, which authorized toe levying of a poll tax, and proceeded: It was said you could not vote unless you had paid yonr poll tax; and how often did it happen, at elections, that men went by unchallenged ? He thought the oiganic law must override any specific law, and consequently he was of toe opinion that toe constitutional provision, which said that a State tax should be levied in lien of a poll tax, was toe highest authority on toe sub ject. Mr. Grimes said—Mr. Speaker, as debate is abont exhausted, according to parliamentary usage, I rise to close it, and, at toe same time, to advocate my motion made on yesterday—to carry the bill over the veto of toe Governor— and I will endeavor to make my remarks as brief as possible and reviow toe whole nature of the subject matter now before toe House, in order that toe members may be enabled to vote on it intelligibly. According to onr old charter, toe election for municipal officers in toe city of Columbus takes place on the second Saturday in December of every year. Last year that time passed without an election having been held, and when the General Assembly met last month, I introduced this bill for toe purpose of bringing on a special election in toe city, and changing toe qualifica tions of voters in that city. That bill was read and referred to a Judiciary Committee of both branches of toe Legislature, which committee reported favorably to its passage. It passed in both Houses and was sent to toe Governor for approval. It appears from toe message sent to this House yesterday, that he has seen fit to veto toe bilL I can only say, that in introducing that bill, I was bnt reflecting toe views and toe sentiments of toe citizens of Columbus, who I know feel that there is a great necessity existing for such an election. The present Mayor and Board of Aldermen have been appointed by toe military, and they still occupy the offices which should bo occupied by men who were duly elected by toe votes as well as by the will of the people; and, hence, toe necessity for toe present bill. The present officials, by some technical objection in toe present laws of toe city, discovered so late, just preceding toe time for holding our last election, prevented the people from holding the election and exercising toe rights of citizens as guaran teed in the charter. I will now devote my attention to the veto message of toe Governor. In the first portion of that message he says that toe first section modifies toe section of toe act requiring a res idence of twelve months in tho State. [Mr. Grimes here read from the message.] This ;e, coming from tbe Governor, speaks for itself. He says toe bill is silent with re gard to residence in toe county, which fact I do not deny; but I challenge toe Governor or any of his friends here to show me any uncon- stitntionalily in that portion of my bill. They have debated it this morning, bnt no- one of them has convinced me of the Constitut tional objection urged by toe Governor. Some of toeir arguments nave been very ingeniously wrought, bnt I must say that I don't think them at all convincing. So much for that portion of the message. And now permit me to say that, instead cf looking to the nature and provisions of my bill, as it stood, he had to go behind that, and review the whole nature of the charter, and he did this, I regret to say, at the instigation of some persons from my own portion of toe coun ty. The message states that, according to the old charter, it required a residence of six months in the city. This is Constitutional, and yon so declared, when you at your last session passed what is known as toe Augusta Munici pal Bill, over the veto of toe Governor. If the Governor would only manifest the same zeal in looking into toe charters of other cities he has in this case, and correct everything that he might find in them which was unconsti tutional, and if he would take the same interest guarding the State Treasury, he would , not defaulter to the amount of $31,000. I of a dollar for a ticket of registration which, ac cording to my bill, was to be collected in lieu of the ^rioll-tax. This dollar for registration is nothing more nor less than a mode of collecting toe poll-tax in one portion of my county, and if this mode of collecting the poll-tax was adopted, it would save to toe State much money which does not now get. Besides the advantage derived in this way, there is no lass at all to the State, since, instead of taking money out of the Treasury, it puts it in. I contend that our old charter is a vested right received from a former Legislature and that toe present one cannot take it away. The sole object of toe bill is to bring on an election, and if there is anything wrong in the charter, it is not toe Legislature but toe courts that can correct it I trust that when members vote on this bill they .will not vote upon it as a party measure, bnt simply do justice, and let toe bin pass on its merits. Now, one other point, and I have done. Gov ernor Bullock refers to an illegal registration last fall, and complains of tho short term of five days only to be allowed to complete toe registra tion list In answer to that I will say, the citi zens of Columbus, thinking there would be an election at the time prescribed in onr charter (second Saturday in December), went forward and registered to toe number of eleven hundred or more, and toe object contained in this bill was to let that registsation stand and open toe list for five days, thinking that five days would afford sufficient time to thoso who did not regis ter in too fall. So'toere is nothing, to my mind, unconstitutional in the provisions of toe bill. I move toe previous question on my motion to override toe veto. Mr. Kellogg offered a resolution to toe effect that the Committee on printing be requested to report as speedily as possible as to toe cause of toe delay in toe printing of the State Journal of last session. Adopted. Mr. Holder from the Committee appointed to investigate qualifications of clerks 1b added to toe standing Committee of Enrollment. The rales were not suspended. I Mr. O’Neal offered toe following resolution. Resolved, That W. L. Hulbardof toe city of Atlanta, be and he is hereby authorized to demand, receive in his own name for the use of the State, all the old State House Furniture brought to the city from Milledgeville, and after ten days advertisement in Atlanta, shall sell toe same to the highest bidder at toe door of the CityHall,.and after deducting 5 per cent com missions for his services, and whatever drayage he may pay, shall immediately pay over the balance to toe State Treasurer, as a portion of the common school fund. The rales were not suspended. The Tax Bill being too regular order of toe day was on motion taken np. Mr. Harper hoped the bill would pass. He could not see any well grounded opposition that conld be brought against it. He thought if property was allowed to come in without taxa tion toe State would gain by it. It would en hance toe value of land, and instead of emi grants they needed this capital from toe North. If they had toe right sort of manufactures in this State we would be toe most independent people on earth. Our taxes are heavy, yet it was an experiment with those people who might come here and they conld not tell whether it would pay or not. Therefore he thought toe taxes should bo removed from them, because in a very few years it would yield ten-fold to toe State. If they don’t come we get no taxes, but if they do we get it in five years, so that we can not lose in any event. He wanted, therefore, to see the capitalists invited here and by removing taxation was toe best way it could be done. Taxes on largo manufacturing establishments was an item and would eat away toe profits from those that were just straggling for existence. He thought the bill one of great importance to the State, and he thought those who were op posed to it should read it and understand it well for then he was satisfied they would vote for it. Mr. Bryant spoke in favor of toe bilL Mr. Shnmate moved toe previous question and the yaes and nays were called for when they stood, yaes 97, nays 28. Sir. Paulk offered toe following resolution Resolved, That toe House consider local bills such as the speaker may select on a third read ing during the evening session. The rales were not suspended. Mr. Carpenter offered toe following: Resolved, That the Governor be, and he is hereby requested to inform this Honse what sums have been paid by toe Executive Depart ment, toe Secretary of State, Treasurer and Comptroller General, for printing and for sta tionery, to whom and for what paid. Rules not suspended. Mr. Darnell offered a resolution tendering a seat on toe floor to Hon. Foster Blodgett. Mr. Tumlin hoped the resolution would not pass. Mr. Lee hoped that toe resolution would be passed, if for- nothing else but as a matter of courtesy. Mr. Tumlin moved toe previous question. Mr. Darnell called for a division. Mr. Tumlin called for toe yeas and nays. Great confusion here ensued, some calling for adjournment and others trying to catch the at tention of toe Speaker. Mr. Harper said there had been many names S resented to that House for seats on toe floor, nt never before had toe name been presented of any man with charges of infamy and perjury over him to equal toe man whoso name was now before them. There was no man who had, both in toe State and at Washington, done more to wipe ont toe existence of toe State, and he would oppose any motion of toe kind. Mr. Tweedy spoke amidst considerable ex citement. He said it surprised him very much to hear his friend reprobated by any man on that floor. He was not infamous, and it was wrong to say so, and no man knew thin better than toe gentleman who had jnst spoken. He, as a lawyer, should know that Mr. Blodgett was not open to this charge, and that he had never been charged of any infamy. Here toe confusion became so intense that it was impossible to proceed, and as toe hour of adjournment was arriving, toe matter stands over until to-morrow morning. office holder, unless for reasons first submitted __ w to them, and by them first pronounced sufficient, i now be This was the clear result of the debate of Sat- '■ say here now, that it is not commendable in arday, which is to be renewed to-day, and which him to exhibit So much zeal in opposition to my will end in leaving the matter just where it is. bilL The Governor also objects to the payment Atlanta, Thursday night, February 25. Senate.—Mr. Bruton moved a reconsideration of toe action of toe Senate yesterday in relation to toe petition of John Screven, President of toe Atlantic and Gulf Railroad. The petition re quested that toe sale of certain stock by the city of Savannah be confirmed by toe State. A motion to lay the motion to reconsider on the table, by Mr. Smith, of too 7th, prevailed. Mr. Smith, of toe 36to District, reported from Committee on tho Western and Auantio Rail road, and after a slight discussion toe report was ordered to be printed. The special order for the day being toe Mjtoh- r ell claims it was taken up and discussed at con siderable length by Messrs. Brock, Adkins and Hnngerford, and will be taken up to-morrow as unfinished business. Mr. Harris moved that when toe Senate ad journ it adjourn to meet again at 2£ p. m., to tako np Honse and Senate bills. The resolution was adopted and toe Senate adjourned. House.—The House met. Mr. Hudson moved to reconsider the action of toe Honse yesterday, in relation to the report of toe Committee on the Lunatio Assylum, which appropriated the snm of $82,500. He thought that snm to much, and would not say any more abont it. He thought that the appropriation had been made prematurely. Mr. Williams of Morgan, said the sum cor responded with toe sum appropriated last year excepting $500 for repairs.. Wr. Fowler, of toe Committee stated that they had investigated the matter and fonnd that no less would do. He hoped that the motion to re consider would not prevaiL The motion did not prevaiL Mr. Kelley moved to refer to the Hnanco Committee. Mr. Williams moved to reconsider tho action of toe Honse yesterday in relation to the Tax bilL He thought toe bill an unconstitutional one, and read from toe new Constitution in sup port of his motion. He thought it class legis lation. Mr. Williams, of Morgan, would it not be considered class legislation to give aid to one Railroad and not to another. Mr. Williams, of Dooly—That is not taxa tion. Mr. Greer, of Cobb, moved to lay the motion on the table. Mr. Anderson—Would like to know how a motion to reconsider could be laid on the table. Such a thing was never heard of before. Mr. Bryant said it was quite common to do so in Congress. Mr. Anderson said we were not governed by toe action of Congress. The Chair decided that the motion was in order. ■ esffio Ul'-'.i 'fa c • ,j< - V ■>< Mr. Hudson thought the Chair was right, but hoped the motion would not prevaiL The yeas and nays were called, when they stood, yeas 99 ; nays 42, The motion to reconsider was laid on the table. :_ai: q .i visit c • .ektrSn ,»."j n Mr. Shumate moved to reconsider the action of the House yesterday on the resolution adding toe committee of three, appointed to examine toe qualifications of clerks, to the Enrollment Committee. The motion prevailed and the resolution taken up and adopted. Mr. Crawford said toe report of the com mittee was very voluminous, and he moved that it be printed for the use of the House,, and that the clerk be directed to superintend the same. The motion prevailed. Mr. W. Butt, newly elected member from Marion, was sworn in, vice Wm. W. Butt, de ceased. . Mr. Anderson, of Cobb, moved to take up the Laud and Immigration bilL and let it pass or fail upon its merits. He thought it of great im portance to toe State of Georgia and trusted it would receive toe consideration which it de served at their hands. The bill was read, when Mr. Anderson pro ceeded to analyze its merits. He had nothing to do with its drafting, bnt he liked its object. The bill was simply an experiment which conld be tested in two years. If it succeeded it could be continued, but if they found it to fail it could be discontinued, and in no event could toe cost exceed more than $10,000. He asked when toey came to address themselves to the prosper ity of toe country, that they should do so delib-' erately. It met toe endorsement of toe great majority of the people of toe State. From the mountains to the seaboard came up toe desire that toey would pass, not toe bill, but toe meas ure. He asked that they yield something to to the will of the people and respect to popular opinion. The people cried out from every part of toe State to them to spend toeir money in such an enterprise. Mr. Felder said he wanted to see them vote against toe will of the people of the State, after having voted to protect Northern capital in the State and free it from taxation. He hoped the bill would not pass. ., , Me, Ellis, of Spaulding, said there were _ great portion of toe people who were in favor of immigration, and too ugh he was opposed to toe bill when it first came up, still he was not so selfish as to deprive his neighbors of assistance of this kind, even though it was not needed by toe people of his own county. He was in favor of toe bill. ■ i . Mr. Lee, of Newton, called the previous ques tion.' Divison was called, when the call for the previous question prevailed. . ’ The yeas and nays were called on the passage of the bill, when they stood—yeas 76, nays 58. Mr. Bryant moved that too Educational bill be made toe special order for Monday next, which motion prevailed. Mr. Maul reported from toe Committee on toe Blind Asylum. The report was referred to toe Committee on Finance. The House then took up bills on third read ing. The bill regulating toe manner of hiring out convicts created considerable discussion. Mr. McCombs offered a substitute allowing toe hiring of fifty convicts to one contracting party. Mr. "Williams, of Morgan, offered an amend ment to toe effect “H there is not demand at any time for all toe contractors, it shall be law ful for contractors to employ toe surplns force, subject to toe order of contractors who have not toe number embraced in toe bilL” A motion by Mr. Tweedy to then lay the bill and substitute on the table was lost. Mr. Anderson was in favor of toe original bilL Ho wanted toe matter thoroughly and substan tially changed. He regretted to say that there were things done in toe asylum, and he had it from good authority, which were a disgrace to humanity. It was more in sorrow than in an ger he asserted that the hiring out of those con victs by Governor Bullock, and toe nature of toe contract was simply a disgrace to toe State. He moved that toe whole matter be referred to a special committee of three, for the purpose of perfecting a bill, and reporting as soon as practicable. The motion was adopted. Mr. Bamum offered a resolution appointing a Committee of three to investigate and report at an early day with a view to a speedy adjourn ment. The rales were suspended and the resolution adopted by a vote of yens 99—nays 26. A resolution by Mr. Holden, inviting Colonel Hulbert, Superintendent of toe W. & A. R. R. to a seat on toe floor, was adopted. A motion by Mr. Hudson that the Honse take up local bills at its evening session prevailed. A resolution that section 1G, on Decorum and Debate, be so amended as to prevent members voting in toe minorty from moving a reconsid eration of toe action of the House. His reasons for toe introduction of tod resolu tion, was to save toe people’s money in toe un necessary comsumption or three-fourths of the time of the House in reconsidering toe matter deliberately acted upon by that body, as rales were yet suspended he hoped toe resolution would be taken up in regular order and imme diately adopted. The House then adjourned. Senate.—Senate met as usual. Mr. Merrell moved a reconsideration of toe action of toe House yesterday in relation to the action of toe Senate yesterday on a bill allowing tax collectors two and a half per cent, on all taxes collected. Mr. Hnngerford rose to a point of order. The evening session yesterday, as he understood it, was simply held for toe reading of bills, and he did not think it would interfere at all with toe unfinished business of the main session. The Chair decided that a resolution was al ways in order, and he did not understand that toe business of toe extra evening session which had been called yesterday should lay over until toe next evening session. Mr. Harris moved to lay the motion on the table, which motion was lost, and toe bill taken up for reconsideration. Sir. Merrell moved toe adoption of toe fol lowing amendment: The commissions of county Treasurers shall be as follows: . On all amounts received and paid out by them when the amount shall not exoeed $3,000, five per cent; when toe amount shall be over $3,000 and not exceeding $5,000, four per . cent; when toe amount shall be over $5,000 and less than $10,000, three percent; and when toe amount shall be over $10,000, two per cent. Amend toe title by adding, after toe word “Act,” the following: “To change section 8,652 of toe Code.” The amendment was adopted and the bill taken up and adopted as amended. On motion of Mr. Merrell toe bill was ordered to be transmitted to the House. The unfinished business of . yesterday being toe consideration of a bill to be entitled, an Act to recommit property to the heirs of Samuel Mitchell and to repeal an act passed in 1859, in •d to said property. i Higbee spoke briefly against the bilL after which . ... Mr, Wellborn addressed the Senate as fol lows: I had not expected to engage in this discussion to-day, and shall not be enabled to convey my views npon the grave legal questions made by this bill, in that systematic order which I had hoped to be able to do. The first proposition which I propose to consider, is the consideration which induced the making of toe deed. It is asserted, by the opponents of toe bill, that Mr. Mitchell conveyed this. plat of ground to toe State to induce the terminus of toe road to be fixed upon his land so os'to enhance its .value; this view is not void of force if it was true. But I find,,upon examination, that toe terminus of toe road was located, as early as 1837, where as the deed was not executed until 1S42.— The deed itself recites in toe form of a where as “that toe road had been located upon a port of toe land of Samuel Mitchell,” etc., showing that toe deed could not have been made as a consideration for the location of the terminus upon Mitchell land, the location having long pre ceded the grant, hence I infer that toe real consideration was that patriotic one recited ini toe deed itself. The next enquiry ia what is the character of this deed, and what estate is conveyed by it ? If a fee simple deed, then the State may lease, sell or dispose .of the property in any way she pleases andfor any purpose. H the State can’t do this then that want of* power must result from some condition or limitation in toe deed. No one contends that the State has authority to build a hotel upon this property and rent or lease it, or a store house to be oc cupied by merchants, and if .she cannot the deed must be conditional. If conditional. then the inquiry must be, has toe State observed this con dition ? If she has this bill should not pass, if she baa not it should. The last gentleman who argued against the bill admits that the deed is a conditional one, but insists that toe State has observed the condition. The issue then narrows itself down to the last proposition. I assert that toe condition.has been violated, and I maintain that toe State has, by its own act, plaoed inef- faoeablyupon its records the evidences of that violation. In 1858 toe Legislature passed an act authorizing the citv council to take possession of the property now in dispute and to ornament and use toe same as a public or railroad park un til the State shall need it for railroad purposes. Now, this purpose for which the State may finally need it, is the purpose contemplated in Mitchell's deed Who will deny that tins is not an acknowledgment at least of a non-user by the State tot the purpose originally contemplat ed ? The term railroad park is something new under the sun. It is clear that the term railroad was inserted as a mere evasion. You had as well say a railroad hotel, a railroad store-house, or a railroad fish-pond. The city of Atlanta seems to be the party most interested in pre serving what toey call the State’s interest in the property, and yet my little town and yours are as much interested in seeing that the State is not wronged as Atlanta. Bnt toe explanation of this is furnished by the memorial of the Coun cil, in which they not only deny the right of the Mitchell heirs to enter, but even the State, ex cept Upon the happening of a condition men tioned in toe act of 1859. A condition in a deed don’t mean anything, but in an cot of the Legis lature it does. This property will never be worth anything to the State, can never be used to any profit If permitted to go back to toe heirs, it will soon be covered with buildings of millions in value and will become a source of revenue to the State by becoming subject to tax ation. Shall the State, because she has toe power, evade toe just operation of rales of law which have prevailed for ages and centuries, and thereby do injustice to toe offspring of a noble, public-spirited citizen whose dust slum bers beneath the soil which his charity and mu nificence aided in signalizing? "When Mitchell, with native Irish liberality, gave this property, Georgia was comparatively poor. A native for est then stood where toe palaces of the great and toe wealthy now tower. The State and toe city of Atlanta have grown rich and powerful, while toe heirs of Mitchell have lapsed from wealth to poverty. They ask no charity, but toey should have toeir rights and none so readi ly grant it as the State. With all her power, her greatness of resour ces, and pride of honor, no one speaks in her behalf. Before, too, in this case, was Georgia with no advocate. It is a fact, that the lot of land of which that in controversy is a part, orig inally belonged to toe State of Georgia, and m a distribution of lands of toe State of Georgia was drawn by another, who died before toe grant wasissued, and without heirs. Afterwards an administration was had upon toe estate of this deceased grantee, and toe lot of land sold when under an arrangement made by which none bnt those interested in perfecting a title in Mitchell were to be bidders. The title was con veyed to Mitchell. If the State of Georgia in truth had had an advocate, toe original drawer having no heirs, this land would have inherited to toe State of Georgia, and toe claim now made in behalf of Mitchell’s heirs, that he had been liberal and generous to Georgia when he was able and Georgia needed it, should now be gratefully and substantially remembered. Mr. Candler next rose and addressed the Se nate; His remarks-were substantially as fol- ows: I regret that toe Senator for toe 40th district can truly say it is difficult to know who are the friends of Georgia in this controversy. There is no difficulty in knowing who are here to speak for these claimants, and here in Georgia, our home, to despoil her. The humblest citizen goes into toe judicial tribunals of the country and, without regard to his poverty or influence, has equal and impartial justice donq him. Georgia’s rights must be passed, it is true, by those who ought to be her friends; yet toey are be labored by day and by night, by lawyers of every grade, from the high places in the judiciary to toe advocate before a notary’s court, and lobby ists of every condition of life are persuaded to be silent where so much is involved. To so much for any claim except that predi cated upon legal right. There are in the orig inal bill and substitutes three propositions be fore the Senate. The argument of toe first is, Georgia is not using the greater part part of the five acres conveyed; that therefore toe title re verts to toe heirs of Mitchell; and then enacts that a portion (tho city park) be retroceded, not to the heirs, but the legal representatives of Mitchell shall have power to sell and dispose of toe same. Secondly. This bill should not be the judg* ment of this General Assembly. If the title be in toe heirs, why cede it to toe legal repre sentatives ? If to them, where is your constitu tional power to authorize, by this act, a sale ? The general law regulates sales by administra tors. The Constitution says yon cannot vary a general law, by which private rights are affect ed, without toe consent, in writing, of those in terested. The necessities of others than toe or phan children of^Mitchell are to be helped! This land is to he disposed of, not for toeir benefit! And it was useless to oonvey it to any other than them. The second proposition differs from the first only in argument, which is that Georgia, hav ing removed buildings once placed by them on this park, piece of toe five acres, has thereby forfeited to too heirs of Mitchell not the whole five acres, bnt toe two acres of toe park. In the midst of this contest, this second prop osition comes as a change of. front, to meet what the friends of toe claim believe more law can be fonnd to sustain. Bnt, in this argument, I venture to say no case in English or American judicial history can be fonnd to cover. That is, when title to a particular quantity of land has vested a failure to one portion, it only works a forfeiture of the portion not in accordance with the conditions complied with. The very idea of forfeiture goes upon toe idea that all the right conferred is forfeited, upon failure to comply on the part of toe other contracting party. No case has yet been cited where snch a par tial forfeiture has been declared. There may be cases where a failure to com ply with a condition precedent to the vesting has prevented toe creation of an estate in part of the land contemplated in the deed, bnt no fail- nre of subsequent condition making a forfeiture bnt what went to toe whole estate conveyed. The law does not favor conditions subse quent, which only may—not shall—destroy the estate conveyed, and for the very reason it di vests title created. Such conditions not being favored—and a for feiture nnder a motion—condition still not found—where then is the title under this deed to the piece of land in question. Argument is made here npon assumed and in correct premises, founded upon toe statement that Mitchell deeded to Georgia five acres of land, to be and for the purpose of erecting thereon the necessary buildings of the West ern and Atlantic Railroad. .No such condition is in this .deed; the only condition is, provided, the five acres shall • be laid ont in a particular way, having in view toe preserving of a proper shape to the remaining portion of the lot from which it was taken, and enhancing its value. The language claimed to make a condition in this deed is connected with words which make a part of toe description of the five acres, and not of the estate in said five acres conveyed. During the remarks of Mr. Candler, he gave way for the following:^ . • Mr. Normally offered a substitute for toe bill repealing the act granting toe use of that por tion of toe property given to the City Council of Atlanta for a park, and Tetroceding the same to the representative of the late Samuel Mit chell. Mr. Hinton offered a substitute, for both die substitute and toe bill which gave to the heirs toe right to sue the State for toe recovery of the land under dispute. There was no action taken on the latter substitute. A resolution was offered tending "seats on the floor to Hon. C. H. Smith, (Bill Arp so-called,) Hon. J. W. H. Underwood, and Mayor Har grove, of Rome, also Hon. C. L. Schlatter, of Brunswick. The Senate adjourned. . Mr. Candler still occupying the floor. House—The House met. A motion to reconsider the bill extending the charter of Tallulah Fire Company, No. 3, of At lanta, prevailed when the bill was referred to the Committee on corporations. Mr. Crawford moved to take up a bill prohi. biting a special tax in Bartow county, which mo tion prevailed. Mr. McCormick moved to bake up the Senate bill incorporationg toe Georgia Mutual Aid So ciety, and that toe same be referred to the judi ciary. The motion prevailed. Mr. Morgan asked to take up a bill making a new Judcial Circuit out of the Southwestern Cir cuit. .The bill was read a second time and referred to the Judiciary Committee. The county of Twiggs, was stricken ont of toe bill known as the Oconee Circuit, after which, the yeas and nays having been called the bill was issed by a vote, of yeas 67—nays 55. A resolution, by Mr. Betoune, requiring toe appointment of a Joint Committee, to take into consideration the propriety of making any more Judicial Districts, was, after some discussion, laid "on the table, bya vote of 59 yeas to 51.nays. On motion of Mr. Franks, a message from the Governor was taken up, in which he refused to sign a bill to bring on an election for Mayor and City Council in the city of Macon. Mr. Sparks moved that the veto be made the special order for Monday next The remainder of the day.was spent in read ing bills. — atmuCTi»t» A bill appropriating money to Hillary M. Matthews, in lieu of an artificial limb, was, on motion of Hr. Tumlin, laid on the table. A bill to amend toe charter of the Georgia Home Insurance Company, passed. A bill authorizing toe levy of a toxin Thomas county for toe purpose of paying insolvent cost was passed. A bill regulating the appointment of overseers of the Georgia Penitentiary was passed. The following bills were also passed: ' {ODA?# A bill authorizing deputy surveyors to lay off homesteads, was amended by adding—“city surveyors.” . f ■ A bill allowing Ordinaries to pass orders. A bill amending the charter of the town of Cave Springs. A bill to carry into effect toe fourteenth sec tion of the fifth article of the Constitution. A bill regulating the manner of hiring out convicts and protecting them from inbruwan treatment while out Several bills were lost and others Referred, after which toe House adjourned. A Cariosity tor the Ladles. There is on exhibition, at the salesroom of Messrs. Wheeler & Wilson, No. 625 Broadway, toe first sewing machine (No. i) made by that company, the present number being 350,000. Let the interested compare the machine sold in 1851 for $125, with these now offered for $55. The former owner of this machine gives its his- 0 tory as follows: The machine was finished early in 1851, end I learned its use from Mr. Wilson himself. I was thus, you see, the first to work the Wheeler & Wilson Machine, and learned on toe first ma chine toey ever manufactured. In 1854 I earned, with the machine, $295, be side doing my own housework and taking care of my baby. In 1856 we came to Davenport, and ' brought toe machine with ns. I believe it is the first machine ever brought to Iowa. I run that machine almost constantly for more than fourteen years, on all sorts of work; from toe finest dress-making to the heaviest tail oring. I quilted a full-size white bed-spread with it, which has been exhibited three times at tbe fair. It took me three weeks to do it with my other work; but it could not have been done by hand in as many years. I have even" stitched i leather with it, and at the time I exchanged' it (in 1865) for No. 193,320, it worked just as well as when made. It is, perhaps, unnecessary for me to add that I believe toe Wheeler & Wilaon to be vastly su perior to any other machine made. Yours respectfully, P. E. B. Anns. Starcv is a Michigan woman, fifty years old, and lame of one leg. Eighteen months ago she bought forty acres of land in the West ern part of toat State, and in two months bnilt a comfortable house with her own hands. Now she has cleared 14 acres of heavy oak, enclosed "' it with a fence made by herself, dug a ditch, sowed eight acres of wheat, built a pair of “bob sleds,” and in short famished her farm, besides making axe-helves for her neighbors and doing extra work for them as payment for toe use of toeir teams. Let her vote. The Civil Rights Bill in Richmond. The case of Robert Stephens vs. the Rich mond, Fredericksburg and Potomac Railroad came up in the United States Circuit Coart of Richmond last week, toe notorious Underwood presiding. In this case, suit was brought by Stephens for damages under toe civil rights bill, in that his wife, a negress, had been compelled to ride in the car assigned to persons of color. The jury was composed of seven whites and five negroes, and brought in a verdict for plain tiff for sixteen hundred dollars. The following synopsis of Underwood’s charge is given in the Dispatch: He commenced by saying that distinction of color was a relic of barbarism, which had disgraced toe world too long. Happily, throughout tho North it had been done away with, even in that Bink of ini quity New York, where it had been retained longor than anywhere else, in order that the trade of too South might be kept by tho merchants of the me tropolis. It was this dis tinction of color that brought toe United States in contempt all oyer Europe. No where was the outrage of moro frequent occurence than in Virginia—a State which it mid involved in ruin, preventing immigration, etc. The judge then paid some attention to the alleged facts of toe case, and called toe attention of the jury particularly to toe fact toat the “colored lady” was pnt in a car one part of which was used entirely by smokers and drunken men. That this was tbe case, he said, there could be no donbt, as Virginia was noted for toe drunkenness of her citizens. Rich mond is specially intemperate—one of toe most drunken cities on the face of the globe. Intemper ance prevaded all classes; and not even were toe clergy excepted in this sweeping and libelous charge. - Returning to toe case in hand, the judge repeated toat all distinction of color must be abolished; and in support of his proposition read from a Bible open before him toe following verses, (James, 2d chapter, 1-9 verses:) - “ My brethren, have not the faith of onr Lord Jesus Christ, toe Lord of glory, with respect of per sons. For if there coma unto your assemblv a man with a gold ring, in goodly apparel, and there come in also a poor man in vile raiment; and ye have re spect to him toat weareth the gay clothing, and say unto him, Sit thou here in a good place; and say unto toe poor, Stand toon there, or sit here under my footstool: are ye not then partial in roursolvee, and are become judges of evil thoughts ? Hearken my beloved brethren. Hath not God chosen the poor of this world rich in faith, and heirs of the kingdom which he hath promised to them that love him ? But ye have despised the poor. * * * * If ye have respect of persons, ye commit sin, and are convinced of the law as transgressors.” It only remained for him to say that upon this jury devolved too duty of making the railroad com panies feeljthat they must treat all men alike. They had no right to make such rales as had been read in court. In rendering' their verdict, the jury must not only consider the physical inconvenience sus tained by too plaintiff but must also consider tho expense of bringing suit in a United States court, toe employment of counsel,' and render a verdict ac cordingly, although in this case toey could not give the plaintiff more than $1,800 as no more was claimed. ■.» General Grant and Georgia. The. editor of the Montgomery Mail, on his travels, fell in with General John B. Gordon, and, in a letter from Louisville, says: 0 :0 V I , General Gordon has a high opinion of Gener al Grant. He gives him credit for a higher or der of ability than is generally given, and be lieves that he is friendly to the Southern peo ple. Mr. Tift, one of toe Congressmen elect from Georgia, carried a letter of introduction from Gordon to Grant. He found Grant com municative, and very firm in his opinion that - since the reconstruction of Georgia, she has a right to regulate her domestic affairs to suit herself, subject only to the Constitution. In other words, his opinion is that so long as there is no Constitutional amendment to prohibit it, > Georgia, or any other State, may deoidefor her self as to who shall vote and who shall hold of fice. No wonder toat "Wendell Phillips is be ginning to howl! If there is to be a Grant par ty, we shoold not wonder if in two years, it would be the Democratic party. But; as Gen.. Clanton says, let us at least wait for “toe in augural.” Of course toe inaugural will indicate nothing, but toe complexion of the Cabinet may be suggestive. Everybody is on the qui ties for the 4th of March- Split in the BepnMican Party South. Alluding to an article which appeared in this paper several days ago, the New York Herald of the 23d, says: A Georgia Democratic paper declares that toe Republican party of toat State is now “hope- lesslysplit in twain.” One faction is headed by Gov. Bullock, who wants the State again kicked out of the Union, and the other is head ed by the Atlanta Era. The Bullock wing had a meeting at Atlanta on toe night of the 13th and resolved “ that recon struction was not complete in Georgia,” where upon toe Era avers toat “ the meeting did not represent the. sentiments of the Republican party in Georgia,” and protests against the pro ceedings of all such meetings. Now, what ia the policy, under such circumstances, of the Conservatives and all others who desire to see toe South relieved of all disabilities and restored at once to her proper position in the Union ? It is to let these turbulent radical factions fight it ont among themselves and toe true men of the South keep on raising good crops, making money, becoming economical and developing toe resources of the country. Use radicals hi toe South—in fact, all over toe country—ore in a state of ferment about who shall retain and who nball obtain offioe under the utooming ad ministration. Thu will keep than busy for some time to come* and in toe midst of their quarrels the South will do well to remember that when “rogues fall out honest msn oome by their own.’’ '■ . ;u J Wozoxs.—Statistics have been published showing that during the past eleven years 4883 American vessels have been wrecked, involving loss of $19$,000,000. u qfiifta'jCsi rift •