The weekly new era. (Atlanta, Ga.) 1870-????, August 02, 1870, Image 1

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Ei fpfrdl/ THE VOLUME IV. ATLANTA, GEORGIA, 'WEDNE^AY MORNING, AUGUST 2, 1870. NUMBER 20 From the D1O7 New Kra of Friday.] KE VOLUTION A UY. The Friends (f UUUnd MOtr have. a Town Meeting—-The would-be Senators make Speeches—7 hey Recognise Iht Organization of .1868 as Legal, and Consequently Consider- tfW AcC of Congress as an Usurpation—They would like Seeds >n the United States Senate, «#c., etc. Yesterday band-bills and posters announced that there would be a Moss Meeting of the Citizens (“regardless of party” of course) at the City ILtlL About one hundred aud’ seventy-five or two hundred persons as sembled, aud were addressed by Mr. Joshua dill on the subject uppermost in his mind, aud those who support his ridiculous claim to a seat in the United States Senate in virtue of an election by an illegal body calling itself a Legislature in 1BC8. The meeting was organized by electing Judge Ezzard Chairman, and on motion Committee of nine was appointed to prepare bnsiness for the meeting. JJON.*JOSH. HILL’S SPEECH. While tbo committee was out the crpwd was entertained by a few scattering remarks from Mr. Ilill. lie was in favor of an election next fall. The people wonted -it aud they would h<k—- :L TEC- ob/oct et thin mooting was to arouse the public mind, etc. If we didn’t have Ail election this toll, we wouldn’t have any until after the 4th of March, 187 . Our Senators were elected and ready to take their seats, but we had no Representatives, and consequently no representation. Mr. Hill told several anec dotes, raised a cheer or two and modestly re tired to make room for the HON. JAMES U DUNNINO, Who also took high grounds in fifror of an election. About the only thing of note in his speech was a small ebullition of profanity, and that not original, but a plagiarism from “Old Hickory.” Worming with his theme and the weather, the Honorable Senator declared, with tremendous emphasis, that “the people are entitled to an election, and by the eternal God they shall have it! ” This cogent argu ment took amazingly, and the crowd started a cheer which would have required several hours to finish had it not been abruptly nipped in the bud by tho appearance of the COUttOTEB WITH RESOLUTIONS. Mr. Holden, the Chairman, read the follow ing resolutions: Whereas, The Congress of the United States did, at its last session, pass an act which was approved on the 15th instant, wherein it was declared that the State of Georgia having com plied with the reconstruction acta, and by n legal Legislature ratified articles 14 and 15 of amendments to the Constitution of the United States, is therefore entitled to representation in Congress; and Whereas, The said act contains a-.proviso to the effect that neither this nor any other act of Congress shall be so construed as to do- ny to the people of this State their right to hold An election according to the Constitu tion thereof, nor so as to affect the term of any officer appointed, nor any member of the Legislators elected under said Constitution, and Whereas, There are certain persons now seeking to pervert the truo meaning and in tent of wiid act of Congress by endeavoring to secure the passage of resolutions by tlio Gen- ernl Asse mbly now in session, to postpone an election till after the next meeting of Congress, and to repeal all election laws now existing in this State; and Whereas, The attempt thus to deprive the IH'oplu of Litis State of theirrighls secured by the aforesaid act of Congress, and the Consti tution of Georgia, is opposed by the great moss of the citizens of this State, of all politi- •cal parties, us a measure contrary nlike to the truo meaning and intent of the act of Con gress, aud of the Constitution of the State, and subversion of the peace and welfare of the inhabitants of this commonwealth; and Whereas, The citizens of Atlanta, together with a large number of visitors from different parts of the State, regardless of past political differences, moved by a common peril, have met together for the puroose of protesting in the name of Justico, Liberty aud Freo Gov ernment against any interference by the Gen eral Assembly with the guaranteed rights of of the people; bo it, therefore Resolved, That we strongly reprobate the course of those members of the General As sembly, who are soeking the passage of resolu tions postponing an election beyond the time prescribed by the Constitution, the effect of which, is to continue themselves in office iu defiance of the right of the people. Resolved, That ignoring past political differ ences, WE UNITS AH CITIZENS OF GEORGIA, in order to seonre tho rights of our people in holding an election on Tuesday, after the 1st Monday in November next. Resolved, That we respectfully suggest to our fellow-citizens in eveiy county in the State, without regard to past political differences, to hold at au early day public meetings and give .expression to their views upon this subject noN. h. v. m. Mnj.ro then came forward and addressed the meeting. The honorable gentleman gave a long and te dious review of the Reconstruction measures, •entirely ignoring tho probability that most of the audience knew fully as much about the matter as he did. But Dr. Miller grew too warm for historical statistics and “slashed about” in overy direction. He was going to have his rights. [Cries of “bully for you.!”] He was not to be intimidated. People talked about a militia preventing the people from holding an election. He wasn’t afraid of the militia. He defied the militia, the Federal army, or any other army! He said something about traitors and treachery, and several times pointedly insinuated that hanging was the proper punishment for tho members of the - Legislature who atteraptedho cheat tho people out of an election. A SENATORIAL JOKE. The Doctor said that during the war he eat so much beef that he couldn’t look a Bullock iu tho face! This elegant sally of Attic wit was received with a roar. Encouraged by his success as a jester, he next essayed A SENATORIAL TUN. Although a Methodist, he was a firm believer in the principles of election! Some portions of the Doctor’s speech very naturally raised a laugh, and on the outskirts of the crowd might have been heard occasional cries of “Bully!” “You bet r and other encouraging manifesta tions of tbo approval of the masses. COL. J. E. BRTANT Came forward and said that ho would speak but a moment He was a citizen of “Jaw-jaw,” He was a.representative oT“Jaw-jaw.” Ho wanted an election in “Jaw-jaw.” He would try to do his duty, and he here evinced his smoerity by stopping his “Jaw- jaw.” HON. ONCINNATUS PESTLES, That impressible, funny man, tickled the crowd veiy much. He was a huge We don’t know what ho said—think bo favored an election—it don’t make much difference, however. Gen. Benmng, CoL Lester and Capt Gordon, then addressed tho meeting veiy briefly. CoL Lester wanted to know if they would submit to a postponement of the election. He wanted them to go homo prepared to hold au election in November at all hazards to tho last extremity. There is not radicalism enough, there is not treachery enough to force it—the prolonga tion-upon a brave people if they will do their duty. He hail lost his right arm in a cause lie would submit to this outrage ho would lose the other. Capt Gordon, speaking of the prolongation, said: “Yes, let them attempt it and wo will tear their hearts from them and throw them os food to the demons of bell!" After adopting the resolutions the meeting adjourned. Let DUronl Cense. A number of Democratic journals have been paraded before the General Assembly, as the exponents of popular opinion on the proposi tion to have a new revolution this fall. These papers represent the same party that opposed Reconstruction in 1866, and from that time forward, even to the present moment In Oc tober, 1866, a proposition was made for the admission of the State upon, the condition of the ratification of the XIYtb Amendment The people were willing to do this, and a number of prominent Democrats in both houses ex pressed a willingness to accede to tho terms proposed. But that cUm of journals now engaged in sowing the seeds of strife and revolution objected. They denounced the proposition as “infamous,” and its Acceptance by Georgians as an “insult” to the meat whose record in the Rebellion made them * obnoxious to that Amendment, Goveruor Jenkins hatfnfti the moral courajJ to face this revolutionary wave; and he weakly yielded his better judgment to the senseless clamor of a faction. What followed is well known; and in the spring of 1867, the very men who applauded the Legislature for the rejection of the terms proposed, then denounced both it and Gov ernor Jenkins for not doing the very thing which, six months previous, was held to be infamous!” The name faction that opposed the XIVth Amendment, next opposed the ex ecution of the Reconstruction Acts known as the Sherman Bill and Suppliments. .And when this apposition was overcome at the Ballot, they thwarted tho completion of the work by an illegal organization of the Provisional Legislature brought iuto existence by it Not satisfied with this, they even carried Uieir revolutionary schsmes be yond, and by on inexcusable violation of both the Acts of Congress and of the State Consti tution, cxpellod twenty-six members who were eligible uuderboth, and filled their places with persons then eligiblo under neither. Thus the same means that procured the de feat of Reconstruction in 1866, defeated it again in 1868. This called into existence tue Act of Congress of December 1860. How that Act was sought to be defeated is now well un derstood; bow its execution was sought to be thwarted is still fresh in the memory of all. But they foiled, and the next point of attack was within the lines. They sought to procure an Act of Congress that would virtually set aside tho previous acts of that body, in so faros this State was concerned. The Bing ham proviso was instituted for the purpose of set ting aside, or at least of disabling, the first legal Legislature organized in the State after tho war. The Bingham restriction failed, and now they would jeopardise the restoration of the State in December, by setting aside the con stituted authorities of tho State. This they seek to accomplish by an act of revolution veiy similar to that of September, 1868. Sensible and thoughtful men arobegiuing to enquire when this thing is to end. They are getting tired of this senseless wrangle. They know that both the President and the General of the Armies have expressed the opinion that the Legislature organized in January last, under the provirions of the Act of December, “is tho first and only legal Legislature organized in Georgia since the war.” They know that Congress endorsed this position of the Administration in the Act of July 15tb, 1870. They know that if the body organized in January last was the “first legal Legisla ture organized since the war,” then the body calling itself the Legislature in virtue of an organization in 1868, must have been illegal; and if illegal, then its members did not hold office in virtue of the State Constitution, be cause that Constitution was not of iorce until after July 15th, 1870. They know further that this State Constitution, which was in abeyance nntil some fifteen days ago, provides that the term of the General Assemblymen shall be two years, and not nearly six months as practically maintained by the rev olutionists. Therefore, knowing these things, and iu full view of the blunders and disasters of the past, they are not now prepared to follow these blind leaders of tho blind with nnother revolution. They would not illegally dis place men from office and seek party ascen dancy at the fearful peril of the State. They well understand how an election before the admission of our representatives might work the defeat of the provisions of the Constitu tion, and how contingencies would arise call ing for further Congressional action; and in tjieso facts and possible con tingencies, they prefer to endnro the ills now experienced than to plunge into others they know not of. The Difference. Whiitemorc is a great convenience to a stupid doss of Democratic editors. Whittemore sold cadetships, and for that was expelled from the House. Gollady too sold cadetships, but he resigned his seat in the House to prevent tho just punishment for his crime. Whitte more was a Republican, Gollady a Democrat Tho Republican party do not sustain Whitte more ; Gollady Is sustained by the Democratic press. And this distiction, made by the Dem ocratic press between two men guilty of the same offense, but of opposite politics, seems based solely upon partisan grounds. Mr. Whit temore was unfortunate only in being a Re publican; Gollady was sufficiently virtuous in being a Democrat! Whittemore runs for re- election—his conduct is denounced. Gollady runs for re-election—his conduct is applauded! Of aucl\ is the thing called “Democracy!” Reconciled. A Tennessee paper announces .the fact that tho Hon. Robert Toombs and the Hon. Jeffer son Davis met at Lookout Mountain, on Sun day last, shook hands, made friends, and con versed pleasantly together; and this for the first time since thoir estrangement, originating during the war. There are many in Georgia who never at tached much importance to this personal feud, originating, we believe, in 1863. There ore others who may have regretted that, since it should have existed at all, it did not begin in 1860. There are others who regrot that it was not healed during the terrible ordeal of 1864. We are always rejoiced to see enemies recon ciled. If prompted by no ulterior motires, the peace-maker is^always “blessed," as ho deserves to be. If induced by selfish ambi tion, then we accept the act, and ask no ques tions as to the motive. Men gain very littio Andrew Johnson and William G. Brownlow met and made up publicly in 1861, oiler an estrangement of fifteen years. It served an important political purpose at the time. But it didn't last. It broke out again in t8C5*-*«i Ww*iug smee. If this act k property is more biifaf *•«!*/ than ever, since it is generally understood that Johnson stands waiting for Brownlow’s shoes. Tl»e State Road. The Report of the Joint Committee of the two Houses of the Legislature on the condi tion and management of the Western and At lantic Railroad, will bo found in full, else where. The investigation appears to have been thorough and searching. No stone was left unturned by the Committee in their search for fraud and corruption; and the result, as set jiwtlf in the Report herewith published, show* that the hue and cry of tho “Democra cy,” over the olledged mismanagement of the Itoafl, was all “fuss and fnry signifying noth ing-” ^ This Committee, like that appointed to in- vestigateethe ridiculous charges, preferred against the State Exxfcutivo, advertised for charges in addition to those otherwise brought before them; and they adyertised for specifi cations and evidence in support of charges in formally mode through tho public prints. brought before them, and then personally in spected the Road and the condition 4f the Books and Records of the office. Tie result shows, in this case, as in that of the Governor, that the partisan cry of fraud and mismanage ment never had sufficient foundation to. create a probable cause of suspicion! The adminis tration of the Road is shown to bo wise and honest; and its management is acknowledged to be able and faithful. Wc presume of course that those Democrat ic journals that have been so industriously cir culating reports tending to weaken confidence in the Manrgcmcnt of tho Road, and so det rimental to the interests of the State, will have the fairness to publish tins Report, and there by afford their readers an opportunity of mak ing up a verdict.upon the merits of the case. Will they do it? We shall see. The Murder EpidrjMir. Two murders in the space of as many days! When is this wholesale slaughter to cease? For three years, this indiscriminate shooting and stabbing has been unwhipped of justice. It is now “respectable.” Men commit mur der upon the Slightest provocation, and coll this a vindication of “ honor” ! Tho unfortu nate wretch who shot his victim on the steps of the Capitol, for “opprobrious words, wanted to vindicate his “ honor”! Tho youth who shot his father upon his own threshold, day before yesterday, did so in “satisfaction’ for “opprobrious words.” His youthful “hon or” was wounded, and this justified the crime of parricide! And now, what do our Courts say ? Shall the law be enforced ? Is this to be a country of law and order ? Are we to have guarantees of personal security? Or is this country to be degenerated into the government of the mob, where every man is a Law unto him self? If the former, then in Heaven’s name let the law l>e enforced. If the latter, tl: repeal our tax laws, and dismiss all tho minis ters of justice. If every man is to be the solo judge ns well of hi * grievances m of tl cdy, then why pay taxes to enforce “a rule of civil conduct, commanding what is right and prohibiting what is wrong” ? If this murder epidemic is to ravage our community unchecked, then whose life is safe ? If “hanging has played out,” then let the vi cious and depraved of humanity run wild and shoot down whomsoever they will! If human life is so cheap, why spend millions annually to secure it ? The object of government is se curity, and when it lolls short of this, it is sim ply an auxiliary of crime. One or two judi- the proper execution of this Act to enforce the rights of the citizens under the Amendmrnt, was the purpose of Mr. Akcrman’s card, .••.jMc- graphic synopsis of which we published Tri? jv _ __ inforcAd in the Northern States, where pending, it will result in'greatly increased Re publican majorities, and will, in all probabili ty, give us several States heretofore Demo cratic, as in Kentucky and Delaware for in stance. An ex-Presidrnt on the Stump. ^Ex-President Johnson finds congenial em ployment, this hot weather, in stump-speak ing. That is Andy’s forte. It comes natural to him. A bom demagogue, he finds his c. i i ef enjoyment in public horrangue. For the higher style of oratory, he entertains a su preme contempt Indeed, he knows nothing about it; neither can he appreciate it in others. But as a sledge-hammer polemic, or a' cross roads orator* he is powerful He knows some thing of human nature, especially of tiie weaker ride of human nature. His addresses are generally popular with that large class of humanity who act from more impulse andpSs- rion. He ignores their judgment but appeals THE ELECTION QUESTION. >p!nloit* of Hon. Will lam Lnwrimr, of - Ohio, mid Hon. .John Ct of Pennsylvania, ».\ TUE ELECTION ISSUE IN GEORGIA. The following correspondence explains ita- sclf: Bellefokv^in, Onio, July 22, 1870. To Ron. Fbster Blodgett, Atlanta, Go.—In an swer to your request of 14th inst, I give yon my opinion briefly upon the question you submitted: I have examined the Constitution *)f Geor gia, the Ordinances of the Convention, and tho Acts of Congress affecting the time of electing members of the' General Assembly and State officers iu Georgia, and I have dis cussed in Congress the whole subject of Geor gia Reconstruction. After a careful consider ation of tho whole subject, I think it is very clear that no election can be held this year for Senators and Representatives in the General Assembly, and, of course not for State officers. ■When tho Reconstruction Act of March 2, 1867 was passed, it found a Government in powerfully to their passions and prejudices, He operation in the geographical State of Geor- understands human depravity also. Ho kno^v ; j gm. That Act made the Government “Provis- the tortuous windings of a darkened under-1ioual only” This Provisional Government ^Winding, held iu subjection by the b*er rions.- Hence his omnipotence as a distm^z ed March 11, 1868. Thero has been much and pilot of the brutish propensities. * ^controversy over the question whether this Ho recently delivered an address neai j Government was from its commencement t> v i m w i *Jf I a &<*tc Government and its officers State Rogersville, East Tennessee. Democrats claim j c ^ cer& that two thousand of the “wool hat boys” wero I It waa a legal Government because organ- out to hear him. Ho excited them of couifee. ized in pursuance of the Reconstruction Acts. He pitched into the Federal Administration,U Its Governor was a l««al Governor, iU Lcgis- only Andy could, using epithets never before used in public by an cx-President of theUniiid States. He supported the partisan Democratic ticket for the Judiciary of course—a ticlet that perhaps represents less law and mere mean whisky han any similar ticket in hi United States ! “Democracy” got happy course; and it spent the remainder of tho < \y in yelling, pitchiug quoits, drinking and fig t- ing, as aforetime. provided for after the year 186S and uniil cessors are elected and qualified. The Constitution itself. Article 3, Section 2, provides that the members of the Legislature shall hold until their successors are elected and qualified. It seems to me impossible to assign stny other valid reason for tho insertion of these provisions by tho Convention, in the Constitution aud ordi nances of the State of Georgia, than tho faot that thoy were carefully guarding against the continuance of the provisional government of the State, and providing a remody for tho evils that might arise by reason thereof. If the enemies of reconstruction succeeded in preventing the completion of the work for two years or more, they shotild not be allowed to turn out of offico the servants of tho peo ple before they had been permitted fairly to enter upon tho discharge of the duties of their respective offices. It must be conceded on all hands that tho chief point of difference on the Geyrgia ques tion, during the late session of Congress, was the Bingham amendment! The opponents of reconstruction, struggled hard to secure tho adoption of some provision authorizing aud requiring an election in 1870. Iu this they failed, and the whole question was left to Georgia herself. Believing that the government of the State for the next two years is in safe and competent hands, I venture to express the hope that the situation may be cheerfully accepted by all the people of Georgia, that law and order may everywhere prevail, and that the State, again admitted to representation in both Houses of Congress, with peace and prosperity through out her borders, may speedily resume that high position among the sisterhood of States to which her greatness entitles her. Very truly yours, Ac., John Cessna. „ 1 flip Whereas, The Committee, appointed bv the General Assembly r.t its last meeting, to in-1 emploj vestigate the condition of the Western and At- to cxai lp.ntic Railroad, desires all tho information Red that can bo obtained—to this end thcrefo Opinions upon the Status of Georgia. We publish this morning an interesting t id able opinion from Judge Lawrence, of Oqo, and Hon. Mr. Cessna, of Pennsylvania. M Judge Lawrence was for many years Jucfea of the Supreme Court of Ohio, aud is noi| a member of the XLIth Congress, and the Reconstruction Committee. Mr. Cessna is one of the leading meml of the bar iu Pennsylvania, was for sevel sessions Speaker of the State House of Re] sent a lives, and is now a member of the X! Congress. • He is one of tho members of the Commit on Privileges and Elections, and his judgmt lias in every case been sustained by tho of the House of Representatives. We invite tho careful attention of D< ernts and Republicans to the legal viei the status of Georgia, ns presented by th^Jb two able jurists from the East anil West 1 f The Governor’s paper sent to thb LegfeJi- turoon yesterday contains tho following: 1L Ijority, au.,,;. yesterday contains tho following: •‘And, I now learn, from reliable aull|< that at least one of the parties (tl* National Bank) to whom the loan was ha* used tho money for linn U.H.11 uio UlllllrJ K.T spcvuiavlUti uTTUpua States bonds. Having purchased bdbdh.it $1 13J, which can now.only l»o solif for SI 08, it is very important to tho bank tint the State’s money should not be called for jit present; for, to close the speculation now,fit is said,- would lose the parties $10,000. /pd hence the great anxiety of the Treasurer iku\ his colleague, that no action should be taicn by the Gc5ncr.il Assembly to compel tho re turn of tho money—an anxiety whichi it seems, is sufficient to induce the Trea«n«f to disregard the plain instruction.-, of 4mr honorab’e lridy.” The above conveys fr.lso impressj^A. CTho. monc*y was invested in bonds, not as a*sp*fcu-. . . , . . . , latioiir but in order to secure the bank/antijit <nal hangings—one or two resolute enforce- ^ KUIU , Unie thal tUo fmlda migUt i K ,f„ znents of law—will stop ti^p* murder epidemic. Nothing else will. Tlie French Republicans. If, in forcing a conflict so - precipitately, Na poleon was clearly in the wrong, tho arrogance of King William and his readiness to accept a challenge which his own conduct provoked, made him an equal partner in the crime about to be perpetrated on the borders of tbe Rhine. It is simply a dynastic war; merely a personal quarrel between princes; and, like all such wars, will have to be borne by the men who really have little or no personal interest in tho issue. The spectacle of two powerful nations going to war, And thus destroying the commerce and paralyzing the industry of a whole conti nent, and all too,.for no higher purpose than the avengement of a personal quarrel between rival princes, is -truly shocking. And the their dig.” Moreover, it is childish, and exhibits a degree of mental imbecility that .which he conridsi. 1 Roly and just, and be fore | .lly becomes ex-United States Senators. I L readiness to answer to tho “call.” We mr assured by good authority, that tho mom-iis now rcaily, and has been so nil the linxx—tin- stitvt'on. ^W<£are glad t^a^The Constitution h ‘ its position as the defender and nppologisi tho speculators in the School Fund. It-assumes that Governor Bnliock’i “conveys a false impression” in the fi facts presented by the Governor. - Is [here any chance for a “folse jropTeriloaff in the statement that the School money was used to buy Uuned States bonds at $1 lb] which are now saleable at only $1 08? Ties any one dare deny the truth of this state ment? Tho idea of the Bank investing tho fundli: bond to secure itself and be ready for tho “ca|r is ridiculous. If the Bank is solvent, of coi it would alienys be ready to repay its de] tors “on call;” 'foiling in that, it would fund” now, what is the object of its friends in saying that it would bo unfair Mid unjust for the Stato to “ call” for its money now ? it is because tha Bonk would lose money on the transaction? Most men would consider it ojipcculatioi io borrow money at 3 per cent interest and lend, it again at 6 per cent in gold, and this what the Bank did; and but foF- tho w« the fall in the price of bonds, the specuht readiness with which the masSses in both conn- I' rom l >u . v TOU ” d n P b y tto Government nui r tries espouse this personal qnarrel of their I tbo NationeJ Bank Act. If it is ready mil accidental rulers, is a lamentable commentary I ^IPinS . P*y hack the so-called “ schrcl upon their fitness for self government Yet there may bo n Providence in it. The Norman invasion, the overthrow of the house of Godwin, the establishment of the Norman line of kings,-and the institution of the Feudal Tenures, was tfetr precursor of that higher type of civilization that made England to tho West what Egypt had been to the primitive East— the cradle of the Arts and Sciences. It pre pared the way for the entrodnetion of the Christian religion, and was to tho Reforma- wonlJ J»»™ l*** 1 a good one. We regret that tionof the niitHmth century, what tho con-| il ia IikeI y to result in loss to oar friemk of quests of Alexander were to the inception of 1110 Atlanta National Bank; and at thcaune Christianity on the Continent. • I time, congratulate them npon the briliant All Bepubiics ore boru'of revolution; and j apology of the .speculators’ “ organ!" the defeat of Napoleon will Be tho signal for 1 ”* an uprising in Baris in the Interest of the Fr< "“ 11101:11 . ./ cause of lfHS-a cause which LarmarUne I MraDI!E — Eefore «“ somewhere says is still in abeyance; The Em- ^ <W flnt a P on thc mnr<3 ^ F poror’s success will involve the neutral powers. Malcolm Ckuborn. Monday morning, tod and that may terminate ultimately in making ^ore the body of that unfortunate man had France a Eepublic. | Wri laid m his grave, tho community were Regarded however, from a mere Unman shocked by the report yesterday morning that ture was a legal Legislature. Tho recent Act of Congress of July 15th, by whieh the State is restored to its practical relations in the Union, so declares and properly so. This new Government from its organization in 1868 up to the Act of Congress of July 15th, re storing the State was legal, but it was not a State Government, its Governor was not the tho Governor of a Stale. It was not tho same Provisional Government in operation on and after March 2, 1868, but it was another and succeeding Provisional Government—that is precisely what the law made it. The Act of Congress of March 2.J18G7, de clared that “any Civil Governments which may exist” in Georgia “shall be deemed pro visional only," “until the people of said State shall be by law admitted to representation in the Congress of tho United States.” The people never were by law admitted to representation until the act of Congress of July 15, 1870. The ordinance of the Georgia Convention of March 10, 1868, under which the Legislature and State officers were elected, declares that “all civil officers of tho State are only provisional nntil tho State is represented in Congress.” By the rebellion, the original State govern ment of Georgia was destroyed. Tho State ceased to have a State government entitled to representation in Congress. Having so ceased, the right could only bo restored by act of Con gress. It was not so restored until the act of Congress of July 15, 1870. Until then, Geor gia could not bo a completely reconstructed, restored, recognized State. It was not. It could not, therefore, have a Stale Governor nor a State Legislature. It could and did have a provisional Governor and a provisional Legis lature. Thero could bo no State Governor un til thero was a State to be Governor As it is certain, then, that the official term of Governor Bullock as Governor of a State commenced with tho act of July 15, 1870, and that the terms of Senators and Representa tives in the General Assembly, as State Sena tors and Representatives, commenced on thc same date, we are, with these facts in view, en- l.tdcd to .so(yonder tiic new State Constitution Ifia "a flu a Ijl^^daUufiDAjPlaw*' fully bo elected—and that is tho question upon which you desire my opinion. The first Senators and Represcntatives’elect- ed in April 1868 had two ^characters—that of provisional Senators and Representatives and that of State Senators and Representatives. Their provisional state continued to the Act of July, 15th, 1870. Then the status, as State Senators and Representatives, com menced. . ’.a.,. The State Constitution dtd iiot fix the length of term of provisional Senators aniHtepresen- tative3. It could not—that depended on Congress. It resulted from the Act of March, J, i8C7, thc Ordinance of .March,,10, 1868, the iuherent condition of Georgia, and the structure of our Governments, State and Na tional. But your State ’Constitution did fix a term for State Senators and Representatives in the General Assembly. It saysr “The members of tho Senate shall be elect- odiur.four years,” except, Ac. No matter when) the first election occurred, tho term of a Senator, as a State Senator is four years,except, of course, the Senators elect- <ed in the’odd numbered districts, and thc term commences July, 15th, 1870. - As to Representatives in thc General Assem bly, tho Constitution says: “The members of the House of Representa tives shall be elected for two years." This relates to the ternvns members of a State General Assembly, and has no reference to the term, as members of a Provisional Leg- istnre. The terms then of the members of the House as State Representatives commenced July 15, 1870. Now when does the next election take place ? The Constitution answers this question. “The election for members of the General Assembly shall begin on Tuesday after the first Monday in November of every second year.” That is an election must be held in November of every second year after July 15, 1870, for members of the House and for twenty-two Senators in the odd numbered Districts. By the Constitution the Governor holds his office for four years, after July 15, 1870, and until a successor shall bo chosen and qualified, and a successor may be elected in November, 1874. I am aware of the rule of law which makes the act of July 15, 1870, by the doctrine of lation, as it is called in the law ’books, relate bock and validate the ratification by the lawful •visional Legislature of the Constitional amendment But this does not change positive provisions fixing tho time of future elections. Respectfully, etc. ‘•THAT ROAD.** 1 Management Pronounced Guiltless of Fraud’* and Its Ability and Fidelity standpoint, and judged of only by wjiat is seen, the conflict seems unfortunate for thc Republican element in both countries. It gives precedence to the military power, and tho rebound will have to come ere the advocates of free government con bo cither heard or tolerated. Till then,- the pen of Rocheforte, which has recently brought him into new troubles, “is not mightier than the sword" of an Emperor, supported by the wild another murder had been committed more foul and more unnatural thaq that of the pre ceding day. • Sacy McAfee an old and highly respected colored man who lives near the residence of Mr. M. E. Kenny had a conver sation with his son William who has for seine time been leading an idle life, he told himjke would have to go to work, and spoke some what sharply about his habits when the family were all sick and he, the old man, the fever must subside, and then the artillery of Reason can be brought into play. Tbe Fall Elections. enthusiasm of a hredlere multitude. The only one at work The young man took up an axe and his father asked if ho meant to strike him with it, ho replied no, and went into the house and took up a musket and as his father enteredjtho house ho shot him, ‘the _ . , . .full charge taking effect;in the old mans The circular of Attorney General Akerman, . . ~ — J - . _ . addressed to the United States Mnrshnllft and , r - . . ^ ° ^ r..TVT,„ . Jr? about 5 p. u.,^riien ho died. The unnatural District Attorneys in States where elections nicidc ^ are pending, is timely and to the point In , , some portions of Pennsylvania and Ohio, no Paying Up. less than, in Kentucky and California, as well The bill to protect the school fund and to os in other Northern and Western States where | withdraw tho loans made by the Treasurer at elections are pending, the Democracy have 3 per cent, passed the Senate yesterday by by printing or by “a continuous standing upon evinced a purpose to practically disregard the the decisive vote of 29 to 7. We understand XYth Amendment Tho Enforcing Act be- thatthcTrv abater ishow performing his duties came a necessity in view of this threatened and paying tho just claims against tho Treas- putpose to set the Amendment at defiance; aud | ury. , " Its “Fraud’* and Its Ability and Fidelity Acknowledged. Report of tbe Committee of Investigation on tbe Condition and Ntngeament of tbe State Road. The Joint Committee raised by the Legisla ture of 1870 to investigate generally the management, financial condition, etc., etc., of the Western and Atlantic Railroad, beg leave to make the following bepobt: On the 5th of May last your Committee met at the Capitol building, Hon. Walter Brock, Chairman, presiding, aud proceeded to organize for bnsiness by tho election of D. P. Hill, of the county of Fulton, Clerk, who ent^ed at once npon the discharge of his duties. Tho Clerk was instructed to analyze the 4th resolution of the General Assembly crea ting this Oommittee, numbering each subject embraced in the same, and have it printed for tbe use of the Committee. After agreeing upon plan of operations, and making suitable arrangements for permanent meeting, etc., tho Committee adjourned to meet iu the depot building of Western and Atlantic Railroad, on the 16th of May, at which time they met and the Clerk submitted tbo following analyzed report of the resolu tion, which was adopted as a general plan to be pursued by the Committee in its investiga tion. Fourth resolution of the Georgia Legisla ture, analyzed for the use of the Joint Com mittee on the Western and Atlantic Railroad: Resolved, 4th, That a Joint Committee of three from the Senate aud five from the House be appointed, whose duty it shall be to make a full and thorough examination into tbe con dition and management of the finances of tho Western and Atlantic Railroad since the time said road was placed under the supervision of the present Superintendent; also, at the time said road was placed under his control; and, also, os to the general management of said road; and especially said Committee bo di rected to inquire— 1. What has been the entire earnings and receipts of said road ? 2. What has been tho necessary working primes of said road f — 7 ’ 3. What has been the actual working ponses of said road ? 4. What disposition Las been mado of thc profits of said road ? 5. What contracts have been mado for material and supplies for said road, outside of the State of Georgia? 6. With whom were such contracts mado ? 7. By whom made? ^ 8. Who were interested in tlioso contracts ? 9. With whose approval were they made? 10. Were any discounts mode upon the purchases so made ? 11. Who were interested iu said discounts? 12. How are cross-ties, wood, and other railroad material procured in the State of Georgia? 13. What prices are paid ? 14. ‘What employees or officers arc tcrested in procuring such material and sup plies? 15. Whether any officers or employees of the road are interested in eating houses where the road employees are fed ? 16. Are any officers or employees of the road interested in warehouses in which goods shipped over the road arc or have been stored? 17. What officers,, if any, or employees of tho road are interested iu brick-yards where brick are manufactured by parties not con nected with the road? 18. Has any property of tho. road been token by officers or employees of tho road and appropriated to their own use? 19. Have any officers or employees of the road received or collected any of the earnings of the road or money on account thereof and failed to pay the same over to the Treasurer of the road, or paid the same to other persons than tho Treasurer? 20. What quantity of goods have been lost of those received or shipped by the road, and how these losses happened ? 21. Were any officers or employees interest ed in or benefitted by said losses ? 22. To what extent have over-charges been made for freight? 23. How are these over-charges made, and are any officers or employees of the road in terested or benefitted by the same ? 24. What number of persons were in the employment of the road during the year 1869? 25. What number during each month ? 26. WhaX number since the first of January, 1870? 27. Are there any persons in tho employ of the road and receive pay whosqjuuoiesno- nof appear on the regular pay-roll^of the road ? 28. How many and what persons have been Resolved, That if any person knows of any fraud, or mismanagement having been com* mittedby the Superintendent of said road, or by-any of tho employees thereof, all such per sons are requested to make out such charges in wilting, giving the name or names of per sons by whom such frauds or mismanage- ment was committed, i>nd shall give the names of witnesses by whom ’SVch charges can be be proven, and the residence of the witness, and all such persons arc required to sign their name or names to tho paper that contains such charges. . Resolved, That this. Committee will hear nil charges mado in conformity with the forego- ing resolution. & Resolved, further, That those resolutions bo published in the Atlanta daily papers,-with a request that papers throughout tho State, de- sirens of a foil investigation, copy. Your Committee having examined a large number of Witnesses, including the principal officers of the rood, present to yon their sworn testimony accompanying this rgpojh We aid not confine ourselves exclusively to tSo'thirtw- four interrogatories heretofore mentioned; but carefully and thoroughly examined tho wit nesses in regard to the past andfRBbt eondi- tion of ,the road; its managenfent, past and present as well as the condition o*f the rolling stock, motive-power, &e. It will bo perceived, by tbo testimony, sub mitted, that we proceeded over tiiejfiftd anti examined it thoroughly, as well as the*A: cies at the different stations along tho lira tho road. . The report of the Master of Transportation and Supervisor os to the gross-earnings and receipts of the road, from the 1st of January to the 31st of March, 1870, aud the necessary and actual expenses of the road, for the same period, is ample and satisfactory; it exhibits not only tho amount of income for thc period mentioned, but also, the purposes to which it has been applied. - The gross earnings of the road for January, February and March, mi 1870 - $437,90*2 05 The necessary and actual expenses of tho road for tho same time.. 350,175 45 Net earnings $87,72G CO This amount has been accounted for ns fol lows: In hands of Treasurer of road.. .$ 3,713 72 Paid on account of former admin istration 39,012 88 Paid State Treasurer 45,000 00 From a subsequent report made by the Master of Transportation and Supervisor, we became satisfied that while the local way freight pays handsomely, the through freight business does not pay, it being controlled by *Wit. Lawbence. Bedfobd, Pa., July 22, 1870. Hon. Foster Blodgett, Atlanta, Go.—Dead Sib: I observe that certain Democratic news papers claim that an election for members of the Legislature by the State of Georgia must be held in November, 1870. So far as this claim is founded upon the legislation of Con gress, it is in my opinion entirely groundless. It is true, that at one time, the lower House, by the passage of the Bingham amendment, would seem to have expressed a desire to limit the term of the present officers of Geor gia. It is also true that this amendment caused a protracted debate and delay of action in tho Senate. But it is equally true, that when the bill returned to the House, amend ments were offered to both the Senate and House bills, carefully avoiding any inter ference by Congress with the Legislature, the laws, or the Constitution of Georgia. Pending the consideration of these amend ments, the Bingham amendment was again offered by Gen. Farnsworth. This was itself amended on motion of Mr. Dickey of Pennsylvania, by striking therefrom every thing which required an election in 1870. Tho Committee of Conference not only ex cluded these words, but added in express terms, that; nothing in this, or any other act of Congress, should in any way affect the ten ure of office in said State. It will hardly be denied that the officers and governments of the several States lately in rebellion, were merely provisional prior to their representa tion in Congress. The ordinance passed by the Convention of Georgia, March ID, 1868, expressly declares that “all civil officers of the State are only provisional until this State is represented in Congress.” The election of 1868, was held in pursuance of this ordinance, and under the directions of the Major General Commanding. Tho same ordinance provided that the persons elected should enter upon the discharge of their duties when authorized so to do by act of Congress, or by order of the General Commanding, and continue in office until the regular succession 3 pleased to afld thin the Green Line. This Green Line is tho name adopted for convenience of a system of through freights, entered into some years ago by connecting roads, by which freights are carried from one distant point to another without breaking bulk or transferring on in termediate roads, each road putting in its quota of cars, aud sharing in freights pro rata. In view of a meeting to be held by the officers of the different connecting roads com posing the Green Line, we deemed it but right to recommend that thc officers repre senting the Western and. Atlantic Railroad, should demand an increase of 25 per cent upon tho freight tariff of tho road, which we are happy to report was agreed to. Tho freight bnsiness of the road during tho busy months averages over one hundred thousand dollars per month. It will be perceived that this increase of 25 per cent on Green Line business will produce a handsomo income to the State. Treasury. The advertisements inviting “all or auy one knowing of any fraud or mismanagement on the part of tho officials of the Western and Atlantic Railroad” to appear before this com mittee, had the effect of bringing to our no- h time and labor; ay that Mr. Blake, performed this labor, and is now acting as.principal book-keeper, has shown himself fully competent, and quite an efficient officer. The reporta of Mr. A. L. Harris, and tho book-keeper, published with this report, have engaged the careful attention and earnest con sideration of your committee, and after com paring the same with the books, wo arc con strained to say these reports speak tho truth, and are highly satisfactory as to tho snbjectH embraced therein. ‘ Your committee aro gratified in reporting that no charges of fraud, corruption, or mis management have been sustained against the officers and employes of tho. Western and Atlantic Railroad, "it did appear, however, to yonr committee, that at one timo an unneces sarily Jarge force was employed in the Car Factory, -but the testimony shows that the force was reduced bo soon as the Superintend ent discovered the fact There was purchased during thc former ad- ’ ministration two steamboats, tbo Mary Byrd and Resaca, and while we do not censure tho purchase of said boats, yet we believe tl»e^_ transaction was an error occurring from an over-zeal for tho interests of the State, and has proved disastrous. Therefore, we recommend that said boats be sold to the best advantage and the money paid into the Treasury. While we regret that no money is being paid monthly into thc Treasury from the earnings of tho road, your committee ore satisfied that ’ the earnings are being applied to the perma nent improvement of tho track, road bed, and motive power; and wo cheerfully commeuil the present management of tho Western aud Atlantic Railroad. Your committeee has examined the road, it shops, depots, engines, cjirs, and immense paraphernalia connected with (he same, with deep interest, us a hue and cry has been set up all over the country as to the management of the same. Numerous witnesses, summoned from all parts of the country, friends and foes to tho administration, have been before u.sr,— and we earnestly invite you to read their tes timony before forming an opinion. Do this, and we believe you will say, with us, the tes timony discloses no fraud or corruption in the management of tho road. Some may say we did not have the right witness before us. Wc respectfully point such to our published notice, courting charges and information, and ask, why, sir, did you not come before the commit tee and give the information as requested. If there be any such, who, after this fair oppor tunity given to show corruption, has withheld the same, he deserves the contempt of every tax-payer ia Georgia, and should hide his head in slmmo for concealing facts which would have been for the good of the people. If this road is properly managed, and suita ble feeders are constructed, which necessity requires, the people of Georgia will, at no dis tant day, honor the names of those men who had the wisdom«to project, and the energy to build, a road which private enterprise was too feeble or cautious to undertake. Let the Legislature continue to foster and reconstruct this road, literally ruined by the disasters of the recent war, and the earnings will, at no distant day, so far meet the demands of the State that the tax-payers of proud old Georgia will hardly feel the burthens of Government. Rospcctfully submitted. Walter Bbock, Chairman, J. M. Colman, Senate Committee. A. H. Lee, 1L M. Parks, Ephraim Tweedy, J. A. Maxwell, House Committee. Attest: D. I*. Hili.„ Clerk. road, whieE/after full, fairiand impartial vestigation, was not sustained by facts, and we aro constrained to say in the language of one of the witnesses in tho case, “that it should never have boen brought before the Committee,” ns “it was a family matter, entirely outside of tho business of this Com mittee.” The question of supply of cars by tbo West ern and Atlantic Railroad for the accommoda tion of the coal business, was found to be one of great interest to the road. Upon examina tion of the rolling stock, wo aro satisfied the road has now a sufficient supply of cars to meet all reasonable demands of thc coal trade, and, in our opinion, there will be no cause for complaint in tho future on this account. We found in the course of our investigation that a large amount of thc earnings of the road has for years been absorbed in fees paid to lawyers. A comparative statement of tbe amounts paid by tho several administrations demonstrates tho fact that some measure should bo adopted which would result in a more economical defenso of the road in suits at law. We recommend tho repeal of .all spe cial laws for tho recovery of damages against railroad for stock killed by their trains, leav ing them subject to the same principle that governs the rights of other parties. Your committee after a personal examina tion of the line of road, shops, etc., beg leave to report, that a largo portion of the rails now in use on the line of road are old and worn out, the replacement of which with new rails is ab solutely necessary; and the machine shops of the road being entirely constructed of wood, which renders them unsafe, and there now being in them machinery worth more than two hundred thousand dollars, which is all subject to be destroyed at any moment; and the fact having been mado satisfactory to the minds of this committeo that a great portion of tho road requires ballasting. And your committeo having noticed in passing over the road, the frequent, and in many cases*, un necessary curves, would recommend that wherever it can be done without incurring too heavy expense, the curves bo straightened. We aro of the opinion that the saving of ma chinery, time, and keeping up the numerous and lengthy curves, and the saving of iron and cross-ties, would, within a short time, re pay the expense of straightening the ordinary curves, where there are no gulches to fill, or mountains to grade. We notice that the bridges on the line of road are fast decaying, t and will soon have to be replaced, when we recommend that they all be covered with tin, well painted, and where the grade is not suffi- Undcr the original fourth resolution passed ^ by the Legislature creating this committee, the following members of tho General Assem- put in pay of tho road since the 18th of Feb- cienfc to allow the train to pass on top of the ruaiy, 1870. covering, that the framing of the bridges be 29. What services have been rendered by of sufficient height to allow train hands to said persons? pase through the bridge on top of the cars 30. What number of persons have been eiil- without endangering their lives, and that the ployed by said road, in fact or ostensibly, to hunt up lost cars? 31. How mony lost cars have been found, and what has been the cost of finding them ? 32. c What amounts have been paid for print ing purposes? 33. What amounts have been loaned, or al lowed to be, and by what officers or employees of the road, for other than railroad purposes ? 34. Whe t officers of the road who, by law. are required to give bond and security for the proper discharge of their duties, have failed to execute tho bonds with the security required by law? ‘Tho Committee is authorized to employ a Clerk, administer oaths, send for persons and papers, and required to render a full and com plete report to the General Assembly at its meeting in July next In order that the dublic might have a fair and ample opportunity of ventilating the af fairs of the road and bringing such matters os were reprehensible .to the notice of tho Legis lature, your Committee adopted the following resolution: Atlanta, May 17, 1870. The Committee appointed by tho ‘Legisla ture to investigate the financial condition, management, Ac., of the Western and Atlantic Railroad, ore now holding doily sessions from 9 o'clock a. al, until 1 o’clock, r. al, at tho depot building of said road, where the Com mittee can be found by parties, or their conn-1 sel, having business with the same. bridges bo built on thc most modem style, with iron angle blocks, etc. Therefore, your committee recommend that an appropriation of money be raised by tho issuance of State 7 per cent, coupon bonds maturing twenty years hence, for thc purpose of mailing the improvement above indicated. This would place the road in first-class condition, after which there would be no reason why a hand some income should not be paid into thc State Treasury monthly. We are pleased to see the authorities of the road have accumulated and paid for a very large quantity of wood on the line of road, which'will afford, during the busy months rapidly approaching, a sufficient supply of well seasoned wood for the engines to last for many months, thus superceding any outlay on this account lor a considerable length of time. The authorities have commenced to ballast the road, and we recommend that it be con tinued until the road bed that needs it be ballasted; and from testimony adduced before us, we aro of opinion that the interest of the road and the State would authorize and justify the proper officer to let out the preparing* of tho ballast, by contract, to tbe lowest bidder, no stone to be too large to pass through a 21 inch ring. Our attention was attracted to the manner which the financial statement of the con dition of the Western and Atlantic Railroad has heretofore been mado out, and although it o fa the system that has been pursued for many Papers willing to do so are requested to pub- years, still it. was so complicated that we lish this notice. looked upon the same with suspicion, and Walter j recommend tho book-keeper, that hereafter Ghairru’a Committee. I tho financial statements of the condition of Which resolution has stood in the Atlanta the road be made under separate columns of daily papers until the adjournment of the Dr. and Cr., so-that a wayfaring committee- Committce. j man may easily understand the same. The following resolution was also publish-1 Your committee bad some difficulty in un- ed in the daily papers of Atlanta, with a like derstanding the books of the principal book- request to copy, for tho information of the keeper, he having left the road about the 15th public : * of April without posting his books beyond Walter Brock, 38thDistrict; in,;4th*'D»trict;~IIo& B. G.— Wootten,11th District House.—Hon. A. H. Lee, Newton county; Hon. R. M. Parks, Gwinnett county; Hon. J. A, Maxwell, Henry county; Hon. R. W. Phil lips, Echols county; Hon. Ephraim Tweedy, Rich moil a county. We regret that on account of continued sick ness in the family of the Hon. B. C. Wootten, he was unable to be with us at all during onr investigations. Also, that the Hon. If. W. Phillips, the day previous to making up our report, obtained leave of absence on account of urgent business, consequently was not pres ent when the same was adopted. Signed, Walter Brock, Chairman. Attest: D. P. niLL, Clerk. War npon 1a Technicality* For forty years thc Spanish power has been steadily waning. In the loss of her American provinces, slio • entered fully upon her down ward slopes to ruin. Her first war with Mex ico was a criminal blunder from which she never recovered; and to-day she stands among the family of nations a decayed, enfeebled, tottering, representative of a Monarchy with-* out a monarch, a nation without a visible head—a reproach to civilization, and a bone of contention affording a pretext for a war In volving two-thirds of Europe. Seeking an incumbent for a vacant throne, she affords Napoleon HI. an occasion for a war which he has long desired. A war with Prussia is a war for the Napoleonic dynasty. It is a safety valve for the escapement of those pent-up fires of discord and revolution which made the Tuilleriea hideous with crime in *48, and improvised the FlebiscUum in ’70. Hence he was prompt to exact of Prussia aq explicit, punctilious disavowal of an “intention” to dictate to France in thc selection of a monarch for poor old Spain. He carries his punctilio further; he exacts a promise to break up the candidacy of Leopold and to prevent that per son from ascending tho throne of Spain in any event The election of Leopold by Cortez was an extraneous, immaterial probability; thc point was, the disavowal by Prussia of an “intention”; the giving of a promise to inter pose in case of such an election. Even this would not have satisfied Napoleon had it been promptly complied with. He wanted an apol ogy from Prussia for having permitted this, thing to go as far as it had, and he wanted se curity for tho future, by engaging to put a slop to it with all her authority. Of course Prussia would demur; and no 0110 knew this better than did the “nephew of bis uncle,” whose prime incentive is found be tween a war and a dynasty. Prussia may in deed explain, as she has already done, that • she has had nothing to do with this Leopold- Spanish business from tho first. The candi dacy is none of her business, she says, but says so hypocritically, quoth Napoleon.^ “I moke no pledges for the future,” quoth Bis- mark. “Then fight,” -responds Napolecn. Thus the fight begins. It may save the Napo leonic dynasty; it may perpetuate thc military surveilanco of Prussia; but it will crush the hopes of Republicans iu both countries—at least, for the present Legal* Tho Knoxville, Tennessee, bar is excited over an election pending for Circuit Judge. Geo. Brown and E. T. Hall are the candidates, the first a Johnson Democrat, the second u Republican. Both are lawyers of. respectable ability. Thc election takes place the Cist Thursday in August The election of Judges by the people originated in that State, wc be lieve, wilh Andrew Johnson, in his celebrated. Jacob’s Ladder inaugural Address in 1853. Tlic Christian Church. Services at this church will bo resumed in this chnreh to-night at tho usual hour. Elder Thomas M. Harris will conduct thc services, • Boveral baptisms will tako place.