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AUGUSTA, OA.
WKDNKSDAY, DECEMBER 23, 1857.
An Impregnable Position.
When the President’s message was read in the
Senate on the Bth instant, the distinguished Sena
tor from Mississippi, Colonel Jefferson Davis,
took occasion to reply briefly to the remarks of
Senator Douglas upon that portion of the message,
in which the President approves and endorses the
action ot the Lecotnpton Convention. We iind
tho few words which he said upon that occasion,
reported as follows in the Olof/e of the 9th inst.:
“Mr. Davis. Mr. President, I think it is prema
ture to discuss the message. Ido not propose to
do an. The remarks of the two honorable Sena
tors on my right seem to be directed entirely to
the action* of the convention, and to the phrase
ebiut the people being left free to form their insti
tutions m their own way. I could scarcely insti
tute an argument on a proposition so plain as that
the people may act either by popular vote or
through their delegates ; and it. is a denial of sov
ereignly to the people to say they have not the
power to elect their delegates, and to invest them
with authority to form an instrument which shall
bo binding on the body politic. They might, if they
•hos *, by popular vote settle the whole question.
They dill choose to have delegates in convention.
They might, if they had so chosen, have directed
Ui». • delegates to refer the question back to them:
eu 1 so might the body politic direct the legislature
to submit every act to* a popular vote. It rests on
them to decide one way or the other. Ido not un
derstand the doctriue to the extent of the remarks
that are made.”
Thin is aa brief as a bulletin, but cannot be im
proved by elaboration. It is the whole truth in a
out shell -so naked that any one who wills, may
see it, and yet so forcible that every one, whether
he would or not, must feel its point. It presents a
proposition, so plain that no argument is necessary
to establish it, which covers the whole ground,
and which, in itself, is a complete vindication of
ibe administration and of all those who, with it,
sustain the uctiou of the Lecompton Convention. 1
essays may be written upon this sub
ject—magnificent orations may be pronounced in
the Senate and in the House upon it, but the true,
impregnable position upon it, never will bo stated
with more clearness or force than it has been in i
tlm few remarks which wore made by Col. Davis, i
upon the reading of the President s message in i
the Senate.
The specious argument, urged by those opposed
t-» tLe action of the Lecompton Convention, is, that <
tho people of Kansas, if that action is sustained,
are not left free to form their institutions in their ,
own way, as the organic act tor that Territory i
guarantied that they should be ; because they are
not permitted, by u popular vote, to ratify or reject
the whole of the Constitute n framed by that con
vention. They insist that this is u violation of the
Kansas act, because it is a refusal to carry out the
principle of popular sovereignty, upon which that
act was based; and with specious and demagogi
cal reasoning contend that this principle can be
recognised and carried out in no other way, but by
a submission of the whole of the fuudumen
i.il law of Kansas to a vote of its people.
A popular vote upon the Constitution—this
is the only way, they pretend to believe, by
which the people of Kansas may be secured in
the right guarantied to them by Congress, and
recognised by the country, of forming their msti
f utions in their own way. This specious argument
of the opponents of the Lecompton Convention,
who, upon its action, have joined issue with the
Administration, is exposed and completely over
turned by one simple proposition stated by Col.
Davis. It is, that the people of Kansas may act
and express their will either by a popular vote or
through representatives, elected and empowered
to accomplish a certain object. This is a proposi
tion which no one will dare to controvert, who ad
mits that our government, with the representative
f jature throughout it, is still u government of the
people, based upon the idea of their sovereignty.
Neither will any one dare to deny the fact that the
people of Kansas, acting in subordination to, and
in conformity with law, have chosen to act ami to
express their will through representatives whom
they have elected and empowered to frame a Con
stitution and State government for them. No
one will controvert the proposition that they
may in this mode give expression to their
will—no one will deny the fact that they have
ah)sen in this mode, to give it expression,
and it follows as a necessary and unavoid
able sequitur, that the action of the delegates
who constituted the Lecompton Convention, was
Hie action of the people of Kansas, and that oppo
sition to that action, though pretending to be in
behalf of the people aud in vindication of the
principle of popular sovereignty, is nothing more
or less than a denial of the sovereignty of the
people of Kansas, and of their right to regulate
Iheir own affairs and form their institutions in
their own way. They might have chosen to set
tle all questions connected with their State organi
sation by a popular vote; but they did in fact
chose to refer them to a Convention of delegates
elected and empowered by them to settle them,
and Congress ami the administration are bound by
the action of that Convention, and cannot oppose
1* or revise it, without being guilty of practical
intervention iu the allairs of the people of Kausus.
This is the view entertained by Col. Davis, in
common with the southern Democracy, mid it has
been approved ami endorsed by the body of which
he is a member, in the passage of Mr. Toombs'
Kausas bill, in June, 1856, by which the adoption
of a Constitution and State government for Kan
sas. was entrusted to a Convention of delegates,
t nhose actum teas not to be submitted to the
Mr. Douglas voted tor that bill (as all the mem
bers of the Senate did who were not Black Re
publicans) after it had been amended, upon his
motion, so as to make it, as he stated, entirely un
exceptionable to him, and that vote, though he may
attempt to explain and uroid it, commits him and
hiuds him to the position, that the action of the
Lecompton Convention is binding upon Congress,
smi final as far as it has seen proper to make it so.
It is urged, we are aware, that the delegates to
the Lecompton Convention were elected by a mi
nority of the people of Kansas, and that they can
not therefore be considered as the representatives
of the people of that Territory. The fact may be
s tis stated, but it does not alter the case. The
delegates to that Convention were elected under a
law of the Territorial legislature, whose binding
force was recognized by the Governor of that Ter
ritory, by Congress, by the Executive, aud by
every body outside of the Black Republican organ
isation ; and if the majority did not choose to re
cognize that law aud to vote iu the election of del
egates to that Convention, they are still bound by
the action of the law-abiding minority who did
vote. This minority is the people of Kansas, for
they only can be recognized as the people of a Ter
ntory or other political community, who make
, their existence known, and express their will
through, in conformity with, and in subordination
to, the laws of the community. If a majority of
the inhabitants of Kansas choose to stand outside
of the legal organization of the Territory, they are
not, upon any principles of law or of equity, enti
, tied to recognition from Congress or the Govern
ment, as a part of the people of the Territory.
They are outsiders—as much so as the people of
Georgia are, and have no more right to oppose the
action of a law abiding minority than those who,
m this State, failed to vote at the last election for
members of the General Assembly, have to nul
lify the laws enacted by that body. A portion of
the people of Kansas are doubtless in this posi
tion; and it is this portion, in whose behalf the
principle of popular sovereignty is invoked and
a submission of the Constitution, framed bv a Le
compton Convention, to a popular vote, is urged.
They are factionists and revolutionists, who have
never recognized the authority of the laws enacted
by Congress or by the Territorial legislature for
the government of Kansas, or availed themselves
of the rights guarantied by those laws to the peo
ple of the Territory. They did not vote at the
election of delegates to the Lecompton Convention,
because they did not choose to vote—they were ij
default then as they have been since the first or'
ganizatiou of the Territory, and they have no right
to open their default and plead now their right to
a participation in tiie formation of a State Consti
tution. They are bound by the action of those
who did vote at that election. This is the reply
which might be made to those whe urge that the
Lecompton Convention was not elected by and did
not represent a majority of the people of Kansas;
but the facts of the case furnish us a better and
more conclusive one. The Convention anticipated
this objection, and submitted that portion of the
Constitution relating slavery, aud upon which
alone there is any difference of opinion among the
people of Kansas, to the people, to be rejected or
approved by them,as a majority might determine.
It referred its work, that portion of it at least, upon
which there was any difference of feeling or opin
ion, to the people; and if it has not carried out the
will of the majority, that majority may reject it.
The administration, in its position upon ac
tion of the Lecompton Convention, will be sustain
ed by the people and by the party, despite the ef
forts which are being made to organize ou oppo
sition to it, upon this question, within the Demo
cratic party.
Suspcnsiona Legalized.
The legislature of South Carolina, Alabama and
Georgia have legalized the suspensions of the
banks in their respective States.
When the news of the death of Gen. James
Hamilton was announced at Austin, (the seat of
Government in Texas,) the Governor of that State
communicated the melancholy intelligence to the
eg Mature then in session. Gov. E. M. Pease, in
his message, stuted that “ the deceased was one of
the first who raised his voice in our behalf at the
commencement of our revolutionary struggle, and
his services and means were lavishly given to our
causv*, both before and after he became a citizen of
the Republic. His high standing and influence in
the world, contributed much to the successful is
sue of our revolution.
“Texas claimed him as a citizen, and ranked him
as cno of her greatest benefactors. She mourns
his untimely fate, and will ever cherish his memory
with veneration
Resolutions of Col. Wigfall, adopted by the Sen
ate, on tho occasion of the death of Gen. James
Hamilton.
Resolved, That this body has received with pro
found sensibility, the annunciation of the death of
Gen. James Hamilton, of South Carolina. Ilis
death is a calamity not only to the nation and his
owr Stale, but also to the fcltate of Texas, lie was
the o )ld and powerful advocate of Texas in her
dark ami bloody struggle with the almost imperial
oower of Mexico. When the heroic spirits of ’J6
vrero tr**«*t«.*l with niiiimhriuui ami hm_ hio'ifos fai.
felted alf claims to the fralei ual regards of the peo
ple r>* the United States, ho then in his place in
the Senate of South Carolina, with thoughts that
breathed and words that burned with living tire,
repelled the imputations on the purity and honor
of our motives and in the light of such eloquence
and truth gave such elevation to our controversy
as to challenge the admiration of the world—and
to change indifference into friendship and enthusi
asm. For his services on that memorable occasion,
he was offered by Texas the chief command of her
army. His genius, his pre-eminent abilities, Ins
high character and enthusiastic devotiou to the
interests of the country, illustrated and adorned
ihe various exalted civil trusts with which he was
honored by the Republic. As our Minister, he se
cured a treaty with Great Britain, the moat pow
erful nation on the globe. He also negotiated a
treaty with the Kingdom of the Netherlands, and
rendered many other signal services with high
honor to himself and to the benefit of the nation
which ho represented. By special act of Congress
he was vested with the rights of citizenship, and
he ranks very high among the eminent and lllus
;rv'us of her citizens.
Rt solved, That this body will manifest its re
spect for the memory of the deceased, by wearing
the usual badge of mourning, and that a copy of
these proceedings bo transmitted to the family of
the deceased.
Letter of Gov. It. J. Walker.
As a part of the history of the times, we pub
lish to-day the letter of Gov. Walkf.k to Mr. Cass,
in which lie announces his resignation of the office
of Governor of Kansas.
We shall, at an early day, refer to this elaborate
justification of the Governor’s policy in Kansas.
We have not the time to-dav, to do more than copy
tho following brief reference to the letter from the
Washington Star :
“ Though written with all the skill for which its
author is justly renowued, we can make nothing
more of it than au argument to prove that every
Territory admitted into the Union as a State with
out the previous submission of its Cons'itution to
a popular vote—some eight in all—have been
unconstitutionally admitted It must strike all
readers at a glance that after all the Republican
party flourishes over his thunder, in advance of its
appearance, it is a lame and weak conclusion ; in
somuch as its main, if not only, point, is the ab
surd corollary mentioned above.
“ After the admission of eight or ten States into
the Union without the previous submission of
their respective Constitutions to a popular vote,
we submit that to denounce that course as being
per se unconstitutional, byway of affording the
only possible justification for the present course of
the doughtv Governor and his co-laborers in and
out of the Territory, proves incoutestibly that their
position of hostility to the Kansas policy of Presi
dent Buchanan and the Democracy, is fast becom
ing ridiculous only. His effusion is profusely in
terlarded with compliments to the speech of Sena
tor Douglas, from which much of it is borrowed
and skilfully worked over.”
There are quite a number of our citizens
“anxious to serve their country” in civil stations,
and for such as are before the people for their suf
rages in January for county officers, we refer to
our special notice column.
Dr. W. S. Wilson, a strauger, committed
suicide in Montgomery, Ala., on Thursday night
last. Mental aberation is stated as the cause. It
is stated that he had resided m Mobile.
Mr. Wadley, the recently appointed Superintend
ent of the New Orleans Jackson and Great
Northern railroad, receives a salary of twelve
thousand dollars per annum, and it is stated that
he will save the company an annua) expenditure
of forty thousand dollars, by an economical man
agement of its affairs.
The New York Ledger, the great family
paper, has now attained the extraordinary circula
tion of three hundred and thirty thousand copies.
The prospectus of the Ledger, which contains all
necessary information in regard to it, will be found
in our advertising columns.
[REPORTED FOR THE CONSTITUTIONALIST.]
Mllledgeville Correspondence.
Millbdgeville, Dec. 18th, 1857.
Senate.—Mr. Gibson moved a reconsideration of
so much of yesterday’s journal as refers to a bill,
lost, in relation to the public records.
Upon the motion to reconsider, the vote stood,
yeas 55, nay 3 42.
Mr. Dawson, of Greene, moved to reconsider so
much of yesterday’s journal as refers to the bill to
, lay out a new couuty from Decatur coooty. The
t° reconsider was carried. Yeas 47, nays
MATTER UNDER FINAL CONSIDERATION.
_ A reconsidered bill in relation to the act passed
1858, in relation to public documents that have
, been destroyed by fire. The question was upon
receiving the substitute of the Senator from Bibb,
making ihe bill only prospective in its action.
Upon the division the vote was decided in the af
firmative.
The bill, a* amended, was put to the Senate, and
the call of the yeas and nays resulted as follows,
yeas 84, nays 33. So the bill was passed.
The committee on the State < f the Republic re
ported a set of resolutions upon the settlement of
the boundary line between Georgia and Florida;
authorizing a re-survey of the line between the two
Slates, by'a joint set of surveyors, one from each
State, sanctioning the action of the late Governor
in this matter, and directing that the result of the
re-survey be a permanent settlement of this ques
tion-adopted and transmitted.
A resolution was adopted, authorizing the ap
pointment of an agent, by the Governor, to repre
sent the interests of the State of Georgia, at Wash
ington City, in the old ludian land claims and
cases, Ac.
A bill in relation to evidence in Chancery pro
ceedings—lost.
A bill for the encouragement of buildings, and
giving a lien thereon—lost.
A bill to exempt certain property of debtors, ne
cessary to subsistence of said debtors au i families.
The judiciary committee reported a substitute,
exempting household and kitchen furniture, not
exceeding two hundred dollars in value, some
stock, Ac., Ac.
A motion to lay on the table was lost. The bill
was finally lost.
A bill to prevent Sheriffs, Constables, and other
officers from levying on intestate estates after let
ters of administration have been granted—lost.
A bill to amend an act # presenbiug the manner
in which the names of persons shall be changed,
Ac.—passed over.
A bill to authorize the Justices of the Inferior
Courts to establish election precincts, Ac.—amend
ed and passed.
A bill in relation to the adjournment of the Su
perior Courts of the State—lost.
A bill to explain the eleventh section of an act
to lay out a new county from Lee and Randolph
amended and passed.
A bill to regulate the agencies of Insurance
Companies not incorporated by the State of Geor
gia—laid over.
A bill to change the election laws in the differ
ent counties in the State—laid over.
A bill to limit the lien of judgments against
bona tide purchasers of property —lost.
A hill to define the duties of Clerks of Superior
and Inferior Courts in this State—laid over.
A bill to amend the laws of this State in relation
to certiorari— lost.
A bill to amend the laws nowr in force in relation
to the Courts of Ordinary—lost.
A bill to regulate the admission of testimony in
construing wills—lost.
A bill to define the liabilities of Executors, Ad
ministrators, Guardians, Trustees, Ac.—lost.
A bill to exempt one negro from levy and sale
under certain circumstances—lost.
A bill to raise the jurisdiction of Justices of the
Peace to one hundred dollars, principal aud inter
est-amended and passed.
A bill to amend the claim laws of this State in
the Superior and Inferior Courts —amended and
passed.
A message was received from the Governor, ve
toing some bills making of married women feme
sole*.
The Senate udjourued until I\ M.
House. —Mr. Irwin moved to re-consider so
much of yesterday’s journal as refers to the loss of
a hill for the relief of the hill-holders of the Bunk
of Durien—the motion prevailed.
Mr. Neal moved a re-consideration of the hill
lost, to aid in the coustructiou of the branch rail
road to the Etowah Iron Works—the motion wus
carried.
Ou motion of Mr. Jutt'mnn, the House re-cop si d
ered its rejection of the bill to provide fur tha bet
ter manage mpnl of oad. A
On of Mr. rw. tijfcgparV.
macron th% bill lost to uKdfporate tkM
Mutual Loan Association. r w
On mot in of Mr. Cook, the House r*conald#rod
the bill, lost, to aid citizens of the (State in the
construction of railroads.
A motion by Mr. Bigham, to reconsider the bill
to provide for the speed/ trial of cases at law und
Faulty.
Mr. Hardeman moved to reconsider the bill to
allow parties in the Justices Courts to prove their
accounts, where the sum was not over fifty dollars
—earned.
The reconsiderations were carried on the prom
ise from the movers, that the reconsidered matter
should lie over until next fall.
The bill to grant banking privileges to the
Georgia Air Line Railroud Compauv was passed,
and transmitted to the Senate.
The Special Order of the day—-the bill for the
removal of the penitentiary—was thea taken up,
and laid on the table for the present, in considera
tion of the impossibility of acting properly upon
this important bill at so late a day in thescssiou.
A bill to incorporate the South-western Hank, in
Americus. The Hank Committee reported favor
ably on the bill somewhat amended. The bill
tinally passed byfa vote of 61 yeas toV>7 nays.
A bill to prevent the banks located in other
States from having Agencies, or doing business in
this State. On the passage of the bill, the vote
stood, yeas 73, nays 45.
Upon motion of Mr. Underwood, the rules were
suspended, and the House took up the hill defin
ing the liabilities of bank agencies in Georgia.
Mr. Howard moved to postpone for the present—
carried.
A bill to incorporate the Brunswick and Walker
ville Railroad company. Mr. Owens ottered a sub
stitute, which was adopted, and the bill was
passed.
A bill to provide for the collection of a tax upon
all suits commenced in the Courts of this State—
lost.
A bill to provide for the payment of the com
missioned and non-commissioned officers,privates,
musicians, Ac., mustered into the service of the
.State during the Creek war, by extending the pro
visions of au act passed last session, to puy the
volunteers of 1537, to those mustered in 1-36.
After some discussisn the vote was tuken. Yeas
77, nays 16. So the bill passed.
AFTERNOON SESSION
A motion was made to transmit the bill in rela
tion to bank agencies, to the Senate. The motion
was carried by a two-thirds vote.
The House then took up a bill to reduce o slave
ry free negroes in Taliaferro county.
On the passage of the bill the vote stoed, veas
37, nays S7 —so the motion was lost.
A bill to change the puuishment for bitting at
faro from confinement in the Penitentian, to fi n
and imprisonment, at the discretion of the court—
passed.
A bill to determine at what age miner ward
ships of free persons of color shall commence and
enu—lost.
Millkdgeyili r.. Dec. 17,1857.
EVENING SESSION—MATTER UNDER FINAL CONSIDERA
TION.
Senate. —A bill to incorporate the Paico Mining
Company, Alatoona Mining Compauv, and Bell
Mining Company—passed.
A bill for the relief of Hiram Sailing, Jetta
Brown, and others—passed.
A bill to incorporate the Merchant*’ and Me
chanics’ Mutual Insurance Company cf Macon
passed.
A bill to incorporate the Nacoochee Hydraulic
Mining Company—passed.
A bill to incorporate the Lagrange ind Troup
Factory Railroad Company—amended aid passed.
A bill to incorporate the Fort Valley aud Atlan
tic Railroad Company—passed.
The Seuate adjourned until morninf.
EVENING SESSION—MATTER UNDER FINUL CONSID
ERATION.
House.—A bill to amend the severa laws of this
State in relation to writs of certiorari— passed.
A bill to extend aid to the Savannah Medical
College—passed.
The bill for the removal of the Peutentiarv was
made the special order for to-morrov.
A bill for the better protection of lecurities and
endorsers, and to authorize the issuing bail process
in certain cases—passed.
A bill to alter and amend the habeis corpus laws
in certain cases—lost.
A bill to incorporate the Ogletiorpe Mutual
Loan Association—lost.
A bill to prevent usury in this State—indefinite
ly postponed.
A bill to incorporate the Brunswick Canal Com
pany-passed.
A’ bill to allow parties in Justices Conns to prove
their accounts, bv their oaths, when the sum does
not exceed fitly dollars—passed.
A bill to alter and amend ibe attachment laws
of the State—passed.
A bill to repeal an act to provide for the s{>eedy
trial in certain cases in law and equity in this State
—indefinitely postponed.
A bill to repeal so much of an act changing the
time of holding the Superior Courts in certain
counties, passed last session, as relates to Han
cock and Warren counties —passed.
A bill providing for the continuance of certain
causes in the Supreme Court of Georgia, until the
same can be properly tried—indefinitely postponed.
A bill to amend the Ist section of the 3rd article
of the Constitution—indefinitely postponed.
A bill for the relief of B. P. Peace, who lost his
leg at ihe battle of Hickory Point, in Kansas—
amended and passed.
A bill to detray the expenses of Government for
the year 1858—indefinitely postponed.
A bill to aid the citizens of Georgia in the con
struction of railroads in this State, on certain con
ditions —indefinitely postponed.
The House adjourned uutil morning. A.
Milledgevxlle, Dec. ISth, 1857.
EVENING SESSION —MATTER UNDER FINAL CONSIDERA
TION.
Senate.—A number of bills were laid over for
the present.
A bill to prescribe the mode of proving entries
on the books of the Tax Receivers—passed.
A bill to authorize the appointment of Inspectors
of liquors, wines, and spirits—passed.
A bill for the relief of certau persons and banks
—passed.
A bid to define and establish the fees of Ordina
ries, Clerks of the Superior and Inferior Courts,
Sheriffs, Jailors, Justices of the Peace, and Con
stables—amended and passed.
A bill to extend an act, approved 1850, and to
appoint commissioners to currv out the same. Mr.
Gibson moved to amend by adding the provision
that nothing in this act contained, shall interfere
with the privileges of the Augusta Canal Com
pany, which was adopted—passed.
A bill to incorporate the Houston Flour Export
ing and Banking Company —amended and passed.
A bill to amend the attachment laws of the
State —passed.
A bill to amend the act assented to 1856, Febru
ary 25 th— passed.
A bill to prescribe the mode of procedure in
cases of such suits at law, or in Equity in the
Courts of this State, by the legal representatives of
decedents resident in the State at the time of death
—passed.
A bill to provide for the speedy trial of certain
cases in Courts of Law and Equity—pa>sed.
A bill appointing public Administrators and
Guardians, and defining their duties. Amended by
Mr. Stubbs, to apply only to the counties of Rich
mond, Bibb, Columbia, frilkos, Harris, Muscogee,
Houston, Lee, Clark, Campbell, Terrell and Lincoln
—passed.
A bill to amend an net to authorise Judges of the
Superior Courts of this State to appoint receivers
during vacation, and to require the complainant
in ail cases askiug for writs of ne exat quid timet ,
and also application asking for the appointment
of a receiver, or for injunction, to give bond and
security to the respondent for any loss or daniugc
which he, or thay may sustain, by the suing out of
saiii writs, approved 1858—passed.
A bill to amend an act to point out the mode of
ascertaining the relief and support to which wid
ows and orphans are entitled out of the estates of
their deceased husbauds and fathers, in cases when
letters testamentary, or of administrators have here
after been granted, approved 1856, and to allow
appeals in certain cases—passed.
A bill to exempt Iron masters in Cass county
from paying tax on pig iron—passed
A bill to encourage persons making a will to
provide a permanent fund for the collegiate pre
paration and education of indigeut boys or young
men —passed.
A bill in relation to witnesses fees iu criminal
cases—passed.
The Senate concurred in House amendments to
the Senate amendments to the House .general rp
propnation bill.
A bill compulsory upon the several railroads of
this State to give checks for trunks and baggage in
separate parcels, when required, at anv of the sta
tions of said roads, and to the point of destination
of the passenger, under certain penalties—passed.
A bill to regulate the duties of Judges in certain
eases. The judiciary committee reported a substi
tute, which was adopted and the bill passed,
bill toauthorise Joseph Tooke,
county, to purchase*tffc
said deceased in said estate—passed.
A bill to authorise suits to be brought upon con
stables’ bonds without an order of court—passed.
A bill to provide for the perfecting of the titles to
laud when parties die, aud have bonds out for
titles—passed.
A bill to allow parties in Justices’ Courts to prove
open accounts when the sum does not exceed fifty
dollars—passed.
A bill to extend the time of the operation of an
act to authorise bills of sale to be proven, record
ed, and admitted to evidence in certain cuses, ap
proved 1856 —passed.
A bill to amend and repeal an act passed 1854,
in relation to the Sheriffs certificate—passed.
A bill to am cud the attachment and garnish
ment laws of this State—passed.
A bill for the protection of rice planters and
rice sellers within the State —passed.
A bill to incorporate the Marietta Paper Mill
Company—amended and passed.
Adjourned until morning.
EVENING SESSION—MAI TER UNDER FINAL CONSIDERA
TION.
House.—A bill to amend the act passed 1850,
to provide for the trial of any slaves or free per
sons of color charged with any capital offence
against the laws of the State—lost.
A bill for the encouragemeut of agriculture iu
Georgia.
Mr. Lewis, of Hancock, offered a substitute—A
bill to appoint a geological corps, Ac., which was
received and the bill lost.
A bill for the encouragement of industry in ag
riculture. mining, machinery aud other purposes—
amended and passed.
A resolution authorising the Governor to sub
scribe for fifteen hundred copies of R. K. limes’
Form*, at two dollars and fifty cents per volume—
agreed to.
The House slightly amended the Senate amend
ments to the general appropriation bill.
A bill to appoint a bank visitor, at a certain sal
ary, aud to perform certain duties—lost.
The House adjourned to 9}-£ o’clock in the morn
ing. A.
Milledgkville, Dec. 19th, 1857.
Senate.—Mr. Reynolds moved to reconsider so
much of the journal of yesterday as refers to a bill
to detineand establish the fees of Ordinaries, clerks
of the Superior and Inferior courts, and Sheriffs,
Juilors, Constables, and Justices of the Peace—car
ried, amendedjand passed.
Mr. Paine moved to reconsider so much of the
journal as relates to the bill to amend the act to
exempt from sale, fur debts contracted after a giv
en time, certain articles for the subsistence of
debtor’s family, approved 1822—carried.
MATTER UNDER FINAL CONSIDERATION.
A bill to repeal the Pith section of au act to in
corporate Decatur—passed.
A reconsidered House bill to make the Governor
tor the time being the President of the Board of
Trustees of the State University.
Mr. Buchanan offered an amendment, also mak
ing the Governor and President of the college, ex
itficio members of the Board of Trustees, which was
adopted—the bill was passed.
A bill to commute the punishment of Newton S.
Hawkins, of Gordon county, under sentence of
death, from death to imprisonment for life. Mr.
Billups called the attention of the members to the
fact of the evidence being informal ami unattested.
There was a petition of only eleven persons for it,
and the Senator from Gordon had said that had he
v n w*n that such a bill would have been introduced,
he would have obtaiued a petition from a majority
of the citizens of the county against it.
On the passage of the bill to commute the pun
ishment of Newton S. Hawkins from death to im
prisonment for life, Mr. Buchanau raised the ques
tion of order, that the Senate had no jurisdiction
over the bill. The President decided that all bills
were within the jurisdiction of the Senate unless
excluded either by the Constitution or by the rules
of the Senate. A bill could not originate in the
Senate to appropriate money, because the Consti
tution declared that all bills for raising revenue
or appropriating money should originate in the
House of Representatives; a bill to incorporate
camp-grounds or academies could not originate in
the Senate, because the Senate had adopted a rule
forbiding the introduction of such bills. Should
a bill be introduced for either of the above named
purposes, it would be his duty to decide that the
Senate had no jurisdiction. The President
said that he was called upon to decide this
case upon a different lround. The ground
assumed here is, that if the bill is passed aud be
comes a law, it will be unconstitutional. The
President said he believed the legislature had no
constitutional power to change or alter the sen
tence of the prisoner from that of death to impris
onment in the penitentiary. The President said,
without examining or attempting to reconcile the
conflicting authorities upon this subject, which
had arisen under the Constiiuti. n of the United
States, and ot other States iu the Union, his deci
sion was founded upon an interpretation of the
Constitution of Georgia—which contained a pro
vision not found either in the Constitution of the
United States, or in any other State, in which any
decision had been made upon this subject. By the
seventh section of the 2nd article of the Constitution
the power to grant reprieves for offences agaiust
the State, except in cases « f impeachment, aud
to grant pardons and remit any part of a sen
tence in all cases after conviction, except for trea
son or murder, is given to the Governor. In such
cases it is declared he may respite the execution
and make a report thereof to the next General As
sembly, by whom a pardon may be granted. Bv
the first section of the first article of the Constitu
tion, the legislative, executive, and judiciary depart
ments of government, are made distinct, aud each
department confided to a separate body of magis
tracy ; and it is declared that no persou or collec
tion of persons, being of one of these departments
shall exercise any power properly attached to
either of the others, except in the instances there
in expressly permitted. The legislature have the
power to grant a pardon, and so much of the act
would be constitutional. They have no power to
place him in the penitentiary; a prisoner can only
be placed in the penitentiary by the sentence and
judgment ot the court.
This act goes on to declare that he shall be taken
from the jail of the county of (Jordon, and placed
in the penitentiary, and there detained during his
natural life. The power to pass such a sentence
belongs to the judiciary, and is not among the in
stances expressly permitted to the legislature by the
Constitution. lie therefore believed that, should
the bill become a law, it would be unconstitutional.
But because this was his opinion was it his duty,
as presiding officer, to sav that the Senate had no
jurisdiction f No such power belongs to the pre
siding officer. Should he arrogate to himself this
power, his opinion would exciude from the Senate
the consideration of every bill which he consider
ed unconstitutional. No such power was conferred,
or ought to he conferred, on the presiding officer.
He therefore decided that the Senate bad jurisdic
tion of the bill.
Mr. Buchanan said he hoped the chair would
reduce his decision to writing, and place it upon
the journals, as he believed it was a correct con
struction of the Constitution of the rule, and that
intending to vote to confirm the decision, he would
appeal from the decision of the chair that the
question might be settled by the judgment of the
Senate. The question was then put, “shall the
decision of the chair stand as the judgment of the
Senate?” and upon the yeas ami nays being called,
the yeas were 85 and the nays 7 —so the decision
of the chair stood as the judgment of the Senate.
The bill was then lost—yeas 13, nays 65.
Mr. Brown was in the chair when this same
constitutional question was raised on the Black
murder case, when he decided that the Senate had
no jurisdiction over the bill, and the Senate over
ruled his decision. This is a very important deci
sion indeed, and the overwhelming majority sus
taining it has established it as a parliamentary
law, while its lucid, unanswerable logic will effec
tually prevent its being set aside, ami will consti
tute it a fixed unfailing precedent. There was an
almost irreconcilable discrepancy of opinion on
this point among the members before the decision
of Mr. Ward, but, afterwards, all doubts vanished
us to the correct construction of the law and the
Constitution. This is another instance of the
marked efficiency of Mr. Ward as a piesiding offi
cer. He has a singularly acute mind, and over
comes difficulties with an ease aud power truly
astonishing. He has few equals, and no superiors,
as a parliamentarian; and what the Senate would
do without his clear, penetrating judgment, to
extricate them from such difficulties, I will not
pretend to aay.
A bill to incorporate the Hi trasses Railroad
Company. After some discussion, this bill was
passed. Yeas 69 ; nays 20.
A House bill to alter and amend the several laws
iu relation to the establishment of a State Lunatic
Asylum, and appropriate money to the same.
Mr. Buchanan proposed to amend by striking
out the section to prevent idiots from being placed
in the Asylum. Considerable discussion ensued
upon this amendment. Mr. Buchanau supported
the amendment, lie wished the Asylum to be a
refuge, a resting place for those upon whose ex
istence the light of reason had never dawned, as
well us those who had lost their minds.
for lunatics, those who hail lost their minds, and
to make it an asylum for idiots, would be to tran
scend the object for which the Asylum was found
ed. Trie Asylum, even now, would not accommo
date all the lunatics in Georgia, aud by making it
an institution for idiots, would be to lessen the ac
commodation for the afflicted, whom it was the le
gitimate object of the Asylum to hold.
Pending this amendment, the Senate adjourned
uutil afternoon.
XrTERSOOX SESSION.
The motion to strike out the section, preventing
idiots from being placed in the asylum was carried.
The 2d aud 3d sections were strtken out, and a
substitute adopted to the effect, that in the event
of any lunatic having property, and the guardians
of the property refusing to defray tile expenses of
said lunatic, suit may be instituted for the recovery
of an amount sufficient to defray said expenses—
passed.
A bill to incorporate the Richmond (fas Light
Company—House amendments concurred in.
A bill to protect forest trees in Richmond coun
ty—House amendments concurred in.
BOISE BILLS.
A bill to endow the Atlanta Medical College with
fifteen thousand dollars—passed.
A hill for the better preservation of the interest
of a certain class of citizens by making valid cer
tain records—passed.
A bill to provide for the compensation of R. S.
Hunter, for services m the survey of the Oktfeno
kee Swamp—passed.
A bill to purchase the Georgia Military Insti
tute, at Marietta.
Mr. Cone hoped this would pass. The gentle
man from Newton had run »ild on the subject of
appropriating money. He was afraid we would
spend the last tilt ip out of the treasury. This was
a noble project, and he hoped it would be passed.
Mr. Reynolds retorted that the members would
mu wild in passing such a bill as this, for thev
would he taking on their hands an institution,
which, like the State University, would involve
them in expense to which there would be no end.
Large sums of money, and millions of acres of
laud bad been given to that institution, and now it
was on the wane. So would it be with this.
Mr. Cone rejoined that all our sister States had
such institutions as this, and consequently they
had all run wild. If this was running wild, he
was proud to run tciul. He loved to see men run
wild with wisdom. We had experienced serious
and material inconvenience in the last war, from
having no men equal to the task of leading and
conducting iu military affairs; and it was the ob
ject of this institution to tit men for such emergen
cies. The bill was passed—aves 43, navs 34.
A bill to repeal an act to establish criminal
courts in Columbus and Rome—passed.
A bill to regulate the sale of spirituous liquors
in Hancoca county —amended and passed.
The Senate adjourned until 6>£ o'clock, P. M.
Hoise.—Mr. Harris, of Dougherty, moved to
reconsider so much of yesterday’s journal as re
lates to the loss of a bill to aid in buildino-a bridge
over the Flint river near Albany—carrieci. °
The House reconsidered the resolution lost iu
relation to ihe purchase by the State of a certain
number of Cobb's forms.
Mr. Cook moved to reconsider so much of the
journal as relates to the bill lost to define w estern
terminus of the Gulf railroad. After some dis
cussion between Messrs. Cook and Gordon the
motion prevailed.
MATTER UNDER FINAL CONSIDERATION.
A bill to define the numberof Judges of the In
ferior court, necessary to declare the judgment of
court. \\ heff three are present, two can render a
judgment—passed.
A bill to define the duties of Sheriffs, Constables
Ac., in taking bonds for the forthcoming of pro
perty —passed.
A’bill to incorporate the Dank of Cartersville
yeas 46, nays 59.
A hill to provide for the protection of fojgst
trees in Richmond county—amended by adding
Cass, and passed.
A bill to incorporate the Richmond Gas Light
Company and other Companies—amended by
striking out the Atlanta Gras Light Company, and
inserting the Albany Gas Light'Company—passed.
The House concurred in Senate amendments to
the Hiwassee railroad bill.
AFTERNOON SESSION.
A bill to amend the various acts in relation to
the city Courts of Savannah—passed.
A bill to change the lines between certain coun
ties therein named. Indefinitely postponed on
account ot the veto of the Governor to bills of ’trv
•i ns ■ haracter.
A bill to render certain the returns of the num
ber of poor children entitled to the benefit of the
poor school f und in certain counties therein named
and to provide for the payment of such persons
who have taught the said children, and have re
ceived no compensation thereof— indefinitely Dost
poned. - 1
A hill to authorize Becj. C. Smith, of Elbert and
John C. Cameron, to practice medicine-passed
A bill to repeal the act requiring the State Print
er to employ a competent reporter and have pub
lished the daily proceedings of the legislature
passed.
A bill to legalize certain judgments of the Courts
of Ordinary in the State, aud to provide fort:
probate ot wills in certain cases—passed.
The Senate bank bill was then taken up. Mr.
Kenan called the previous question, but the House
refused to sustain the call—yeas 5*2, navs 57.
A message was received from the Governor re
commending an appropriation to pay the debts of
the penitentiary.
Mr. Underwood offered an amendment to the
bank bill, eompeling the payment bv the banks
ot seven per ceni. tax into the treasurv upon their
capital stock, this amount to be considered as a
portion of the poor school fund. Mr. Hughes call
ed the previous question, which was sustained,
thus cutting oti Mr. Underwood's amendment —yeas
85, nays 43.
The bill was then parsed—yeas 61, nays 50.
P ° uso en ac Uourued until 634 o’clock,
Additional Foreign News.
Among the items of news brought by the Cana
da, we notice the following :
The Leviathan steamship had been moved still
farther down the launching wavs, but the ship had
still one hundred and seven feet to move before
she would be afloat. Her progress was verj’ tedi
cus, but her engineers had perfect control of her,
aud hopes were entertained for a successful result
in a short time. A scaffolding, from which to
view the launch, broke down, aud a number of per
sons were more or less injured. On Monday, the
30th of November, the vessel had nearly five feet
of water under her.
The vessel had been gradually moved between
fortv and fifty feet.
Financial Affairs in London , Dec. 2nd. —Money
continued in active deinaud. The stock market
was firm, caused by the arrival of the West India
mail steamer, with three hundred thousand
pounds in silver. The suspensions of the day
were Meudes, Decosta A Co., in the London and
West India trade, with liabilities amounting to
three hundred and fifty thousand pounds
and Keiser A Co., in the German trade, with I mb’
ities amounting to lifiy thousand pounds.
The semi-moutly shipment of silver to India
China was four hundred and nine thousaudpor s *
On Thursday, the 3d instant, the funds * erti
quiet, while money was in active demand v ie
preparation for the payments of the Ith The
failures were Messrs. Hookinson A Bint*
London, wholesale stationers ; Messrs barber,
Hose range A Co., and Htrscb,
m the German trade, in London; C. *’• Unn, a
large corn merchant, ofjßelfust: and
Clunie A Co., corn dealers, at Hartkf°°l- Their
liabilities are not stated.
Another large London house is imported to have
sought assistance from the bank.
Heavy exports of silver were making to Ham
burg.
On Friday, the 4th instant, th* funds fluctuated
slightly, but closed firm. There was no change in
money, but great caution was tfservable.
Adi spa ten from Italy anmujees the failure of
the house of CelUrd, at Genoa Milan, and Turin.
JJavibunj, Friday—The Fcfyic. —The Senate ha*
just convened another extraordinary convocation
of burghers-choli for to-niorr 1 "', to empower the
former to establish a goveraoent discount institu
tion, with thirty million mirks banco capital.
From tb Times*'Jity Article.
London , Fft-iuy Fce/unf—" The demand at the
bunk mid m the discount liarket continues active,
but payments maturing to-day have been provided
for in u much more satisfactory manner than had
been anticipated. The finds opened steadily ibis
morning ai an advance d one eighth. There was,
subsequently, some heaviness, but a decided re
covery took place, and * good effect was produced
by the arrival of the Adriatic with eighty thousand
pounds sterliug in specie, and satisfactory commer
cial intelligence from New York. The amount of
gold taken to the baok to-day was twenty-nine
thousand pounds sterling.
From the Dailj Xeics City Article.
Lnn<U>n y Ft iUay Feeing. —The funds unproved
oue-eighth to-day at the Hank of England. To
day, the demand for money was to a lair extent,
I -r» l'frn,l *— 1 fU-HVii. lifjit.
bids are discounted somewhat below the bank rate.
The suspension has been announced of 11. A B.
Bovet, an old firm in the China trade, with moder
ate liabilities. Their ditliculties are understood to
have been principally caused by the late heavy fall
in the silk market. The stoppage has also taken
place of C. A. Jonas & Co., general merchants,
who have been brought down by the recent failures
in the North of Europe. Liabilities supposed to
be about one hundred thousand pounds sterling.
Several failures are announced at Amsterdam and
Rotterdam. They are respectable second-rate
houses.
In foreign exchanges, yesterday afternoon, rates
were, lu many instances, almost nominal from the
absence of business.
Private advices from Paris describe a calm and
satisfactory state of the money market, and no
mention that there is even an expectation of a fur
ther reduction in the rate of discount.
It is estimated that about fitteen per cent, of the
wool broil ht forward at the late London sales was
withdrawn and bought in the produce markets dur
ing the past week. The Tims* city article savs .
“the improvement at the commencement of the
week has not been maintained. There stems,
however, to be less anxiety on the pert of holders
to realize at the present low quotations.
Greai depression continued to be experienced m
Hamburg and Altona. Despatches sav that the
failures were too numerous to specify the nara- s.
In one day twenty important houses failed and
business was suspended. It \va- believed that oth
er houses would go. The aggregate liabilities of
t.ie fallen and doomed concerns were reported to
be twenty-seven millions marks banco. The fif
teen millions provided for advances on merchan
dize proved a mere drop in the bucket, and a ru
inor was in circulation ‘.hat advances to the extent
of four huudred millions iiad been asked for.
A general meeting of the bankers of Hamburg
had been convoked to devise means to allay the
panic. Bills could not be negotiated and business
was at a stand. A law extending a respite of one
month to all bills payable at maturity was to be
introduced in the Senate.
Ullberg and lveumer, whose temporary suspen-
t lor ?. ;VdS recently reported, had fully stopped.
Liabilities twelve million marks banco.
No fresh failures occurred on the 3rd.
Prussia. —lhe usury laws were suspended for a
period of three months, and the Bank of Prussia
was making advances on stocks aud shares at the
rate of eight per cent.
There was very little panic at Berlin.
Austria. The accouuts from Vienna continue
gloomy.
j re P or * e d that several large manufacturers
intended to close their establishments and dis
charge their men in a few days.
titreeden. There had been additional failures at
Stockholm, and the commercial crises there crea
ted great anxiety at Copenhagen.
The government had lent live million francs to
the Directors ot the bank, to sustain its credit.
t A. dispatch from Stockholm dated the 3d says :
‘Tne crisis is becoming alarming.”
In* the Senate \ esterday. Senate yester
day sifter passing its own bill to sanction tiie sus
pensions of specie payments by the Central and
Commercial Banks, adopted without amendment
die House bill by a vote of twenty-two to eight.
The suspension then has been legalized by the
General Assembly, and we shall soon begin to wit
ness an improvement in the business of the coun
try. \\ e shall lay the bill in full before our read
ers in a day or two. Among the provisions we
mention from bearing it read—those banks are to
r edeem those of their notes in the State Treasury,
a portion iu February and the balance in May, pay
ing interest at eiglit per cent, from the first of
January, 1858; the Central Bank is to give the
State bond with personal security for five hundred
thousand dollars for tne redemption of its notes
in the Treasury ; bill-holders are protected in their
rights; the rate of exchange on the different prin
cipal points during suspension is fixed; after
the first of January, 1859, these banks are inter
dicted from giving* circulation to anv bills of a less
denomiuation than five dollars; the Tax Collectors
are authorised to receive the notes of these banhs
in the payment of taxes, these banks are required
to resume specie payment by the 15th of Novem
ber, 1858.— Montgomery Advertiser , Dec. 19.
ISF* Georgia and South Carolina bark notes are
quoted in New York at 4 }£ a 4>£ per cent, dis
count.