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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (March 14, 1866)
THE (CONSTITUTION AILST > NOTES FOR THE TIMES. “ The Sabbath was made for man, and not man for the-Sabbath." Tl»e civil and religion* int-ti t ittions of any ago Or people are never an end in themselves. They are. ordered for the well being and happiness of the age or nation. They are for the people, not the people for them.— This established principle-in • all political and religious economy should serve as a corrective of a great and miscliievons error into which thousand# lit this land are in danger of falling. Since the failure of the South to secure its in dcpcmlcnoe, the despondency of many lias as sumed the form of possitlve doubt and skepti cism. It is the gloomy recoil of disappoint ment and disaster. This is even the tendency of tlie human mind. f' ic pendulum of thought and feeling is never at rest. In all ages it Js tor ever vibrating from one extreme of its curve to the other —from religious belief to infidelity— from enthusiasm aqd confidence, to doubt and suspicion of every cause, human and divine— from believing everything, to believing noth ing. Something like this threatens to develop itself in the present transition state of society at the South. A double danger is impending. The general laxity and corruption of manners incident to the late war ; and then, this reaction from a religious faith in the cause for which we fought threatening to run into downright and universal skepticism. We have failed; there fore, our religious education is defective! Slavery has fallen ; therefore, the New Testament is at fault! This position lias been gravely assumed by some professed believers —by reputalde members of Christian churches; while with thousands of our young men, the disappoint ment as to the issue of the late struggle has come like the death-knell of every cherished belief mid scriptural assurance. Alas! for the instability of human nature—for the exhibition of its weakness and endless contradictions which, as a people, we would furnish by this unmanly and unwarranted distrust of Cod’s word and providence. Previous to the war our political ami religions conservatism was our boast —the common subject of congratulation. 'While in die Northern States every flood’tidc of fanaticism and extravagance found an easy Ice shore where it swept in jubilant and welcomed, tee, at the South, presented an immovable bar rier to every such novelty and innovation. IFe were the great, conservators of civil and reli gious truth. IFe, at least, were no disciples of the higher-law system; and in our very hearts we pitied the tickle minded and deluded masses of Hie infidel North. Hut history is ever malting new and shading developments. A mighty struggle, unequalled In the annals of die world, has closed. A disappointment, com mensurate in degree, has clouded our earthly horizon. A dreadful shipwreck has covered the face of foaming waters with broken frag ments, to which millions of half drowned pjts sungers are clinging. But there is something worse than till this material ruin. From our former stability of religious principles we are seemingly about to swing into those very ex tremes of error and skepticism against which, in other and better days, we lifted up our voice in suoli loud and earnest protest. To say the least of it,; it is a position of uncertain equi librium. 1 lie South to-day is threatened by a greater danger than any that results from mere political disaster. From the position of reli gious indifference into which many arc licstray ed, we are in eminent peril of being invaded and overrun by those hosts of fanaticism and superstition which always, like avenging furies, sweeps in upon every position of doubt, wheth er assumed by an individual or a nation. Un less we beware, we or our children will act over again, and in some more extreme form nt the South, which we have sneered at as Northern fanaticism and folly. And many of our reli gious teachers, perhaps, are to blame for a dan gerous and seml-intidel tone of public opinion Into which their too hasty and confident teach ings have betrayed an entire people. \\ e drew the sword ; we appealed in our con troversy to the God of battles. The battle was against us. Asa brave and high-minded race, we must abide by the decision, l.co and John ston, our best and bravest spirits have set the example. All must give, in g-ood faith, their allegiance to the national authority. And yet while loyalty is a religious duty, a decision by the sword is never in history the ultinuitc deci sion ol the rights or wrong' of any controversy. Napoleon said that Providence was always on the side of the heaviest artillery. Providence, possibly, in the sense ol mere temporary suc cess, hut never in the sense of an ultimate deci sion on the great pvinciples.of moral right and wrong. It is not only a heresy in religion, but a mistake in polities to affirm this. The four great empires of the ancient wfirld—the Per sian, Assyrian, Grecian,and Roman, successive ly overran, each its predecessor, it was no question in morals on religion ; it was simply the struggle of the ancient Athletic on a grand and world-wide scale. The lirst Napoleon came. All Europe wis at his feet. As the sun O; Auterht?. rose like* an orb of blood, the Aus trian eagle flow screaming to the forests of the Danube, mid even the British lion looked doubt fully on in his Impotent wrath. It was simply the problem of superior force and tactics. Poland is dismembered and destroyed. All Europe professes to sympathize. Hungary, alter two or three brave efforts, is bound fast in the clutches of the double-headed eagle. The Netherlands, rescued from the grasps of Philip and Alva, may by the next arrival from abroad, be reported as under the joint protectorate of the allied powers. No one dreams of interpret ing these historical problems in the light of moral and religious principles. More to the point still. The Israelites, God's own people, were not only invaded and Overrun from the North tuni South by tlte Assyrians ami Egyp tian-, but they were carried into captivity, for ioui hundred years at one time, anil for seventy at another. Anu yet neither bv the willows of the Euphrates, nor by the reeds of the Nile, dtd they grow skeptical as to the being of God and the truth of Providence. And so the North and Most have overpowered the South. The issue i« conclusive as to the triumph of arms and the weight and invincibility of superior ' numbers. The question, too, is settled as to the duty of loyalty and allegiance. But the higher questions of right and wrong as to the moral and religious principles involved in the controversy, are as untouched and unsolved as when the first gun was fired in Charleston har hor. There is for man, in his present limited field of knowledge, but one criterion and tales man of truth. It is God’s infallible Word—that Word which has other and higher objects in view than the settlement of questions relating to the best forms of government or the most approved systems af science—that Word, which rightly and soberly interpreted, is no more committed to the perpetuatipii of slavery on the one hand, than of abolition societies on the other. There is but one tribunal, aud that to be erected and revealed only on the overthrow of all earthly empires, strong and weak, great and small, from which there can be no appeal. It is the tribunal of the last, and therefore, the perfect and infallible judgment. The social forms and usages in which we were educated, and to which we cling--with such na tural pertinacity, w r ere made and continued for the South, and not the South for them. Divine truth met and regulated them while they lasted. Like many civil, political, and religious insti tutions, they serve their day and generation, and then give way to other and better forms and relations of society. The war has settled the question of slavery. The sword lias been sheathed, and woe to him who draws it again. They that use the sword shall perish by the sword. But another and greater issue is about being joined; another and mightier conflict already inaugurated. The tramp ol the gather ing armies is already iteard —the shout of the Captains, and the noise of the chariot wheels.— It is not the gleam of Wei, or the thunder of cannon. It is the great and decisive conflict of Wind—the battle that Faith, armed with the simple panoply of tlic ( Djxine Word, is about to join with the frowning hosts of un belief and formalism.' The hostile fleets, are crowding all sail on the foaming sea, the decks are all cleared for action. Amid the thick and portentious signs of the times, the great champions on cither side, Christ and anti-Christ, arc drawing nearer .and nearer. David, with his sling and stone out of the brook, is advancing to np-et the great Go liath of evil. The peaceful Dove of a holy and self-denying religion is no longer avoiding, in its flight, tlie black vulture of Dell now scream ing in the heavens. On which side will we en list ? On the side of a sound scriptural faith in that word pf the living God which abideth for ever, on the side of those dark and bonded hosts Where the spirit of unbelief leads one wing, and the spirit of religious formalism, clothed like Satan in the livery of heaven, leads the other. The temporal reverses of the South should drive iter millions to Christ. The desolations of her homeland firesides should prepare, more speedily and effectually, the way of the Lord. It is the temptation of her great spiritual enemy who bids her, “ curse God, and die.” Let us not justify in its application to our future reli gious life the remark of Ruskin as to the unbe lief of Europe, “The red Indian or Otalicßan lias more sense of the Divine existence than the majority of refined Londoners and Parisians.” No—let ns shako off the spiritual incubus which this war has rolled upon us. Let us busy our selves with other and higher issues than those of the passing hour. And then across the mid night of our sorrow and ruin, the signal lights will gleam to tell that the morning is at hand. “ 'The Lord rcigneth, let the earth rejoice. The Lord reigarth, let the people tremble." “ Shall not the Judge of all the earth do right ? Let God be true, but every man a liar. 1 said unto the foots, deal not foolishly, and to the wicked, lift not up the horp. Lift not up your horn on high ; speak not with n stiff neck. For promotion com eth neither from the East, nor from the 1 Vest, nor from the South. Hut God is the Judge; He putteth down one and setteth up another. Clouds and darkness arc round about him ; righteousness and judgment are the habitutioA of His throne. He still an el know that lam God; 1 will be exalt ed among the heathen. I will be exalted in the earth. And though He slay me, yet will 1 trust him." Watchman. Legislative Extravagance. —The Macon Journal ,v Messenger thus discourses on legisla tive extravagance at Milledgevillo: “A friend who was in Millcdgcvllle a day or two sends us the following memorandum, which will serve the turn quite,as well as our own words to .the same effect. Surely not a line need be written upon the inexcusable fault of extravagance, at a limb when the people are so impoverished ; “You can serve Georgia by oaHiug attention to the extravagant appropriations of ike House of Representatives. They remind t/ie of the old times of the Confederacy when money (so ealled) was worth one hundred and sixty for one. Members of the Legislature ha\e received for the past live or six years six dollars per day and mileage. Now while the State government is running on borrowed money, and the people are bankrupt, the members vote themselves nine dollars per day and mileage. Clerks used to re ceive seven dollars per day and no mileage. Now members vote the clerks twelve dollars per day and mileage. The Chief Clerk of the House and Secretary of the Senate are each voted twelve dollars and mileage, and $750 additional compensation for two and a half months ser vice. The journalizing and assistant clerks are voted twelve dollars, and SSOO additional* com pensation. Members will get for seventy-five or eighty days' service from S7OO to $l,lOO each. “There was another matter on foot which may produce much trouble and litigation, as it is nothing more nor less than repudiation of private contracts. It is a proposition to author ize parties to come in and reduce a note given before the war for gold, when the owner failed to return it for taxation as specie, in Confeder ate times. That is to say, if he returned such a note for SI,OOO in 1804, at SI,OOO in Confederate money, it shall now he valued at what Confed erate money then was worth—say four cents on the dollar, or forty dollars greenbacks for the -SI,OOO note. The excuse for this is, that the law required him to return it at its value in Confed erate notes, and that he should be held to the valuation he then placed upon in returnin'- it for taxation. This is a cunning scheme to\s. cape pecuniary responsibility.’' Commenting on ttic foregoing our Macon oo temporary adds: “ Let legislators see that such schemes as this, and unjustifiable extravagance do not escape notice from a vigilant press!"’ VETO OF TEE STAY LAW, Executive Department, i Milledgeville, March 6, 1860. $ To the Senate: Having given serious consideration to “a bill to be entitled an act for the relief of the people of Georgia, and to prevent the levy and sale of property under certain circumstances, and within a limited period,” which originated in your body, with more than ordinary anxiety, if possible to concur with the General Assembly in the propriety of its enactment, 1 am con strained to return it without approval. The Constitution of the United Slates express ly ordains that “no State shall pass any law im pairing the obligation of contracts." The application of this provision to the act under consideration involves two enquiries: First. What is meant by the obligation of a contract? Secondly, What constitutes an im pairment of it ? A proper consideration of the subject requires a distinction between a contract and its obliga tion. The former is “an agreement to do or not to do a particular thing.” The latter is that which bind* the promisor to perform his agree ment. We often speak of a moral obligation to perform a promise, the sanction of which is found in a pure and enlightened conscience.— But it is evidently not this which the Constitu tion was designed to save from impairment, be cause it is simply impossible for legislative ac tion to change the dictate of conscience regard ing any antecedent duty which one person may owe to another. We speak, also, of the legal obligation of a | contract, by which is meant the force of law, compelling its performance or giving an equiv alent after its breach. In arguing the case of Ogden vs. Sanders, Mr. Webster remarked, “ the municipal law is the force of society, employed to compel the performance of contracts." This force consists of all the means provided by law. to enable the promisee, without disturbing the peace of society, to compel the performance, by a reluctant promisor, of his engagement. Thus understood it is clear that the Legislature, if unrestrained, would be capable of impairing or destroying tiie obligation; and it is precisely to guard it, that this prohibition was inserted in the Constitution. The question then is presented, whether or not this act against the intendment of the Con stitution, Impairs the obligation of contracts.— It provides “that there shall be no levy or sale of property of defendants in this State under tfny execution founded on any judgment,-order or decree, of any court heretofore, or hereafter to be rendered, upon any contract or liability made or incurred prior to the Ist of June, 1865, provided the said defendant shall pay or cause to be paid during each year one-fourth of the amount of principal and interest of such execu tion, or of the debt or claim, on which such execution lias been or may be hereafter be ob tained, so that the entire indebtedness, Shall be paid in four vdfirs from the first day of January —t lits firsf instalment to be paid by the first of January, 1867, and the fourth and last by the first of January, 1870.” Any olHeer levying or selling is made liable for a trespass. Here we remark that the prohibition of the Constitution is not directed solely against the destruction of the obligation. It is not that no State shall pass any law destroying the obligation. Were it so expressed, however impolitic or unjust it might be, in any supposable case to impair without destroying it, the Constitution could not be in terposed as as barrier to such action. But it is explicitly against impairment that the prohibi tion Jis directed. The intention being negative, not positive—prohibitory, not mandatory, the lesser interference is expressed, because being included in the greater, its pievention prevents both. Hence it appears that something more was intended than to keep the obligation alive! which is all that can be claimed for a stay law. Let it be borne in mind, that the obligation of a contract is the force of law, compelling its performance, or giving satisfaction for its breach. This force has a two-fold operation. First, it acts judicially, whereby the existence of the contracts, its breacli and the inode of enforce ment are determined, all of which are express ed in the judgment. Secondly, it acts minis terially, wherein, under command in writing, an officer of law, either , transfers certain spe cific property from the possession of the prom isor to that of the promisee, or converts into money, in a mode prescribed, such portion of the promisor’s property as will satisfy the judg ment, and delivers it to the possesseo. This done, the obligation of the contract is consum mated—its performance is enforced. But if, when the judgmont shall have been rendered, and the next step according to the law which creates the obligation, is to issue this written authority (called an execution,) with out which the judgment would be valueless, the State shall pass alnw forbidding theissuance for one year; or, if, after it shall have been passed, the proper Officer is forbidden to execute it, within a year, what effect has this legislation upon the obligation'? We are told the effect is to suspend it, leaving it vitally untouched.— True, by the terms of the law, vitality remains, but tloes this satisfy the Constitution ? Is there no diminution, no weakening, no impairment of ttic force of the law compelling perform ance ? Lexicographers tell us that to impair, is to “ diminish—io injure—to lessen in value." — Suppose A bout a a judgment against B—and C to obtain another against D, at tin; same time each founded on contract, and both according to the general law, whence the obligation of contracts springs, capable of immediate execu tion. Then suppose the Legislature to inter vene, and enact that tint former shall not be ex eeuted within one year, leaving the latter un touched, would tin re then be no difficulty in the relative strength of the two obligations?— A man in paralysis has vitality as positive as has he in good health; yet it is’ impaired. So •Vs judgment has an obligation, but it is para-i lyzed, “weakened," “diminished," by the tem porary loss of its active quality, and, there fore impaired. i In executory contracts, time is alwavs an im portant element. It will probably be conceded that it would be unconstitutional “for the Gene ral Assembly to enac t that no promissory notes heretofore made, and to mature on the first day of January, 18ti7, shall be considered due, and payable before the first day of January, IS(W. If this.be so it fs difficult to perceive how the constitutionality of the act can be maintained. If the day of payment may not be postponed bt/on maturity by legislative action, it would seem “afortiori" that it may not he, after ma turity ; or, rather, that the contract may no r *be thrown back into iminaturitv, and anew da}' of payment appointed by such action. Pursuing the line of argument, the right of the promisee does not lose its character of contract by the institution of a suit, nor by the rendition of a judgment to enforee it. That character abides, anil to it the constitutional guaranty adheres until it is either extinguished by performance or smothered by a statute of repose. Indeed, this act specially refers to contracts in judg ment and to their dates. Hence I conclude the Legislature lias no morepower to appoint anew aud distant day of payment after suit com menced or judgment rendered, than before. In all other respects the promtsse’s condition is considered better after judgment; why worse in this? Before judgment Is impotent to compel immediate performance of the contract The judgment makes rhnt will the motive now! er ot the obligation, for by it the execution the final process—may be put iii action. But by legislation of this character, that motive power is suspended—temporarily abstracted trom the obligation. Perpetual injunction would destroy the obligation, quo ad. the ac tion of this State; and I cannot resist the con clusion that temporary injunction would im • n 7 the j tl(i "ment and execution which are intended to be the consummation, or eud of the obligation, are lawful subjects of traffic are saleable commodities. It is indisputable’ that the possession, and exercise by the Legislature ' of the power of suspending their operation would “ lessen their value," as such: and this brings such legislation within another definition of impairment, viz it “ lessens the value." If one Legislature may postpone for a year, each subsequent one may do the same. Already have the judgments affected by this Sot, been suspended five years by such .action. Upqn principle, these successive postponements might as well be continued an hundred years or through all time. The hundredth wonid be as valid as any pre ceding one. But how! meantime, fares the ob ligation ? The consolation offered to the pro misee, and repeated to successive generations of his posterity, would be, that it flourished in a green old age, its strength unimpaired by time. The strength of the argument ifi favor of stay laws lies in the proposition, that final process is but a part of the remedy which must always be within the power of the Legislature; other wise it would be impossible to correct errors in jurisprudence or to improve the system as ex perience map develope its Refects. The power of the Legislature to modify remedies, even at the cost of delay to suitors, then in court, must be conceded; but with two qualifications. First, the intention must be bona fide to change permanently, and to improve the sys tem. Secondly, this must always be done, if posible, so as not to affect injuriously antece dent rights. This act cannot be brought within either of them. First, it contemplates neither any im ! provement nor any permanent change of the I judicial system. Sections 3558 to 3557, and Sec- I tion 336 of the Revised Code regulate proceed ! ing after judgment in suits to enforce contracts. It is obviously not the intention of the General Assembly to make any change in these further titan to suspend them for a time, in the class of cases described in the act. No other course of proceeding is substituted—judgments rendered for special purposes are excepted—and none that may hereafter be rendered on contracts made since the first day of June, 1865, are in cluded in the stay. In such cases, therefore, the courses of the law will be the same as here tofore. Secondly, if the change were perma nent—if it contemplated just such a stay of execution, under judgments to be obtained, founded on contracts made since the first day of June last, the office of sheriff is nevertheless continued, aud therefore all judgments founded on contracts heretofore made, might be executed as well as in times past, and the obligation of the contract be unaffected ; but in point of fact the bill not only affects them, but injuriously discriminates against them. Here, then, is plenary evidence that it is not one of those great reformatory measure, design ed to improve the judicial system, for the per manent advantage of the body politic—that- in | truth it makes no change in the system, but only withdraws lor a time from a certain class of contracts Its obligatory operation. It is a temporary expedient, interposed between the debtor and creditor for tlie relief of the former. It postpones for one year absolutely and for four conditionally the full performance of dll the contracts entered into before the first of June last, and in my opinion as flagrantly vio lates the Constitution as it affected contracts running to maturity, by postponing the day of payment one, or four years, beyond that fixed by the terms of each. The course of reasoning adopted, the princi ples affirmed, and the rules of construction ap plied to this clause of the Constitution by the Supreme Court of the United States in several eases, seem to me to lead to this conclusion, although in none of them were the Legislative acts reviewed identical in their provisions with this. These I shall simply state without quot ing from them. They are Sturgcs vs. Brown ingshicld, 4th Wheaton, 122 ; Green vs. Biddle, Bth Wheaton, 1 ; Ogden vs. Sanders, 12tli, Wheaton, 213 ; Bronson rs. Kinzoc 1, Howard, 311 ; McCracken vs. Hayward 2 ; Howard, 608. In these eases, stay laws are, by way of illus tration, more than once referred to as violating this clause of the Constitution. In the first, Chief Justice Marshall, who bore a part in the proceedings for the adoption of the Constitu tion, expresses the opinion that the passing of suelt laws by the States was one of the chief causes which induced the insertion of this clause. Judge Parsons, at page 703, of the 2d volume of his authoritative treatise on contracts, affirm the proposition as established by author ity, that “an exemption of property from at tachment (by which is,meant levy) or a subjec tion of it to a stay law or appraisement law, impairs the obligation of the contract." He adds: “Such a statute can be enforced only ds to con tracts made subsequently to the law.” There are, I concede, cases supporting the opposite conclusion, but I think they are sus tained neither hv the weight of authority nor by the force of logic, Our own constitution contains a clause simi lar to that quoted from the Constitution of the United States. But it is not alone, this du plicate prohibition which, in my opinion, pre cludes legislation of this character. The first clause pf the first section of tlie second article of the constitution of Georgia, is in these words: “ The Legislative, Executive and Judi cial departments shall lie confided to a separate body of magistracy. No person, or collection of persons , being of one department, shall exercise any power properly attached to either of the oth ers, except in cases herein expressly excepted." — It is to the latter sentence I pertinently refer. The invest igation and determination of private rights; the enforcement of contracts between individuals when one of the parties refuses com pliance, and clearly powers properly belonging to the judicial department. Their exercise is invoked by suit in court, which, being institu ted, is properly under the control of t hat de partment, from the filing of the petition to the return of final process, executed ; when, so r the purpose of preventing wrong or oppression, or of doing full and complete justice in any cast, it becomes necessary to arrest the proceedin'.:'; » whether before or after judgment, this can oni y be done by the writ of injunction, and that is sues proper!)/ out of Chancery, which appertains 1 exclusively to the judicial department. What | are the rights upon which the bill under cohsid i cration acts ? They are those which have been asserted by suits in courts of justice ; have been those investigated and adjudicated, and which those courts are proceeding to enforee by their final processes, called executions. Whataction does this bill propose upon them ? It does not, indeed, set them aside—annul them—but it sus! pends action under them for a, specified time.— What is this suspension but an injunction of a judicial proceeding? The form of the wiit used iu the department to which the power properly belongs, is not observed, but the precise end is attained—the injunction is as effectually im posed as if a writ in due form had ema'nated from the legislative source. Let us look a little more in detail into this matter. A writ called an execution issues from the Inferior Court of Baldwin countv directed to the sheriff,commanding him to make by levy and sale of the property of C Done hundred dollars, which A B lately in that court recover ed of him, and further that he return that writ into court at the next-term, which means in law, that he return it executed. If the sheriff do not make the money as required, he may at the return term of the writ be ruled and com pelled to pay it himself, unless he can show good cause for his failure. This is the course of the law, and this its end. But suppose when so called on he should exhibit a writ, sued out of the Chancery side of the Superior Court of Baldwin county, at the suit of C I>, command ing him to desist trom levy and sale, under tiiat particular execution, until the further order of the court; he stands justified because he is en joined. One branch of the judicial department armed by law with the power, lias arrested t’uGon er ’ Rm ”° Vlolcu< ! e is d °ne to the consti tution. But suppose, instead of exhibiting a wm of injunction from the Superior Cornhe c . x . hllnt a " a ct of the Legislature for btddmghim to execute within a vear, anv fi fa issued by any court. If he be excused™ whm ground . Clearly that lie was enjoined. That !hoi' K Kla lr l Junction ' in the one ease was in the exercise ot “a power properly attached” to tlie judicial department cannot possibly h T~ nied. Then liow can it be maintained that* « imposition of the legislative injunction L , other case, would be conformable to the visions of the Constitution I have quoted not manifest that such legislation prod,® ” direct collision between the departments * ti? mandate issued by the judicial department if m strict conformity with the laws of the StT, Without repealing those laws, without uerVni nently curtailing the powers of the courts t ) legislative.department simply intervenes and for bids tlie ministerial officer obeying the iudie' i mandate. It was for the express purpose of preventing such conflict this provision inserted in the Constitution. ““ There is another objection to the bill W b; cl| , cannot pass over in silence. It classifies con tracts and discriminates between the classes injuriously to one of them, or rather to the parties interested in their enforcement. Con tracts made prior so the first day of June, lKif, constitute one class, those made subsequently’ another. To the former only is the stay of execution, under it, applied, "if separate jud*- ments should be obtained in the month of January 1867, the one founded on a contract entered into before the first day of June 1865 and the other on a contract made after the last mentioned day, even though they were based upon considerations equally meritorious, the stay of this law would attach to the former’ aud not to the latter. lam utterly at a loss to ’con jecture upon what principle, consistent with equal justice, this discrimination is founded Indeed it would seem that if any discrimination were made, it should be in favor of that class of creditors, a very large majority of whom have already been subjected to five of these legisla tive injunctions, successively enacted, and so linked, as to compose a chain, extending over as many years. Tlie elder creditor is tied up and the junior left untramelcd; nay more, the Judgment creditor of five or more years stand ing is arrested, whilst to the simple contract creditor of yesterday, the highway to full'and complete compulsory performance is left open. It may be said that whenever a junior execution! pot stayed by tlie proposed law, shall by levy and sale cause money to be made, the older executions arc not restrained from being inter posed to claim it. But this can scarcely be in tended, for in that event, the law Inust fail to give the promised relief. Under any Circum stances, this could only occur where there were judgments of both classes against the same debtor, and the suggestion therefore does not relieve the measure from the Alleged discrimi nation. Even in those cases the debtor would be under a strong temptation to apply his means to the satisfaction of the junior judgment, re serving for the senior only the annual instal ment necessary to keep hint in fetters, and thus the discrimination would still operate injuri ously. I take no pleasure in the performance of this duty.' Always reluctant to disagree with the General Assembly, I can truly say this disagree ment is painful in the extreme. I have abun dant sympathy for the suffering people of Geor gia, and in the desire of the General Assembly to alleviate their sufferings. But on entering this office I took at the threshold, in presence of you all, a solemn oatii to preserve, protect and defend the Constitution of the United. and of the State of Georgia; and this I must do, as I, not as others understand those instruments. If I doubted I would give the measure the benefit of the doubt and leave its constitu tionality to the courts; but, not doubting, I must dissent as I regard my oath. Upon such subjects, men equally earnest in search of truth, and equally upright,'and fair, in their habits of thought, are prone to differ. Whenever such a difference occurs, it becomes each party to ex tend to the other tlie meed of upright intention. I have done what I conceive to he my duty, and if after reconsideration, which I respectfully invite, a constitutional majority of the General Assembly should adhere to tlie measure, I shall indulge the hope that no detriment will come to the State, either from its seemingly unequal practical operation or from its imputed viola tion of tlie fundamental law. (Signed) Charles J. Jenkins, Governor. Latest News from Europe. From the New York Sun, of the Btli iust., we obtain the following: The Inman steamer City of New York, from Queenstown on the 22d‘ Os February, has ar rived at this port. The Daily News makes the announcement that Generals Grant and Sherman will visit En gland In May next. It is announced that Queen Victoria will hold during the season, at Buckingham Palace, five courts, for the reception of a certain num ber of ladies and gentlemen—each reception being limited to 25(1. The Prince and Princess of Wales'will hold Dra wing Rooms and Recep tions on behalf of Her Majesty. Messages were presented in both Houses of Parliament, from the Queen, on the 20th, ask ing that provision be made for the Princess Hel ena, on her marriage, and for Prince Alfred on his coming of age. Mr. Gladstone gave notice of a motion for the erection of ,a monument to Lord Palnieston, in Westminster Abbey. The Times says the Suez Canal question is definitely settled. The company do not retain a single acre ofground except such as is needed for the maritime channel. Politically this ar rangement removes all possible questions of dispute. In the House of Commons, on the 2Cth, Mr. Clay introduced a reform bill, which proposes that the electorial franchise shall be given to every male over 21 years of age, who has re ceived a fair education. Mr. Gladstone, (n some remarks upon the measure, declined to give anv explanation as to what the Government intend ed to propose. London, Feb. 22.— The Bank of England has reduced its rates of interest to 7 per cent. The Paris Patrie says certain proposals have 1 ’manatee! from Maxmilian which render possi s.'Me the return of 5,000 troops from .Mexico b} • the end of May. PRUSSIA. It is stated that the advanced Liberals had re solved to call on the Government to withdraw a letter addressed by the Chamber by Count lon Rismark, otherwise thev will decline to discuss any future bills presented by the Gov ernment. AUSTRIA. Disquieting war rumors were afloat at Vien na, in reference to the relations between Aus tria and Prussia on the question of the Duchies COMMERCIAL. Liverpool, Feb. 23.^Cotton—Sales of Wed nesday and Thursday 16,000 bales, including 4,000 bales to speculators and exporters. Mar ket irregular and 1-4 and. lower, under news from America. Breadstuffs quiet and steady. Provisions steady., except bacon, which is firmer, and lard, which tends upwards. Feb. 22.—Consols for money, 871-2 aB7 5-8. United States. Five-Twenties 69 3-8* fill 5-8. Erie shares, 53a58 1-3. Illinois Cen tral shares, 76 l-2a77. Washington, March 4.—Secretary Seward, in an interview with a Pennsylvania' member, grew very much excited over political matters, aud denounced Congress in the most violent manner. He said there was not a rebel in the country to-day ; that which is termed Johnson's policy is his; that he laid it. out for Lincoln, who adopted it, and was carrying it out when he died; and that Johnson is merely continuing it. He declared himself in favor of the imme diate admission of the Southern delegations, and the repeal of the test oath. There are one hundred and ninety-one in* ternal revenue collection districts in the United States.
