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THE DAWSON WEEKLY JOURNAL.
by WESTON & COMBS.
satosim ftrarral,
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tion.
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An additional charge of 10 per cent will
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cial Notices" will be insorted for 16 cents
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quent insertion.
All con"»”inicat.ionß or letters on business
intendeu for this office should be addressed
to “The Dawson Journal"
professional sartls.
"c. b. wooten7
Attorney at Law,
MACON. GA.
Vl’ 11.1, practice in tho Circuit Courts of
vv Snub-west G.i , and in the Di.uict
•nd Supreme courts ol ihc State and United
States. All business from whatever section
or of whatever character entrusted to him
will receive prompt attention. 01 1 O-’TI.
Lyon, DeGraffenried anti Irvin.
Attorneys at Law,
MACOt, • - - GEORGIA.
"IVTI I 1, give attention o professional bus-
TV iness in the Macon, Southwestern &
Pataiiia Circuits ; in the U S Courts, anSa
vatinah, and .Atlanta, and by speciil con
tract in any part of the State.
F. M-
Attorney ajid Colfjellof at LaW,
0.4 IFSO.V, 0.1.
DR. G. W. FARRAR
HAS located in this city, and offers h'S
Professional services to the public -
Office next door to the “Journal < tffice,” on
Main Street, where he can be found in the
dav, unless professionally engaged, and at
night at his residence opposite the Baptist
church feb. 2-ts:
K. J. WARREN,
ATTORNEY AT LAW,
ST.iRKSr'MLLE, - - - Owi.
G. W. WARWICK,
Att’y at Law and Solicitor in Equity
SMITH VILLE, GA.
Will practice in South Wesern and Pataula
circuits. Collections promptly remitted.
B. A. COLLIER. C. T. CHKVEB.
TOWNS HOUSE,
ttKOADhT.,
ALBANY, GA
BY
B. A. COLLIER dc CO.
McAFE HOUSE,
At Smithvilit, La.
r undersigned having fitted up the Me-
I Afee Mouse at Smithville, takes pleasure
in notifying tho travelling public that the
above house is nowin the “full tide” of suc
cessful administration bv himself. He will
spar, no expense to make it a First-Class
Hotel, jl/tals ready on the arrival of the
rain. W. M. McAFEK.
PLANTATION
Fop Bale*
I OFFER for sale my place, five mile* be»
low Dawson, immediately on the Railroad,
containing 1417 t acres. Well watered *nd
timbered. Asa Stock form, unsurpassed-
Healthy ,desirable everyway. To any one
wanting a home, here Is an opportunity to
get one at half its real value, as I am deter
mined to sell, either for money or cotten, to
a responsible party, 4pply to W. F. ORIi,
at Dawson. If not sold, will be for rent.
septl4 3m W. T. BURGE.
COTTON
Campbell a jones
Agaia offer their services to Planters and
Merchants, as
Warehouse tfc Commission
MERCHANTS.
And ask a continuance of the patronage so
liberally given them the past season.
Close personal attention given to the Stor
age and Sale of Cotton, and to the filling of
orders for Bagging and Ties and Plantation
Supplies.
Refer to the patroos of the past season.
A'rmember the place—
Iron Warehouse,
Poplar st., MACON, GA.
P. S.—vfgents for the Winship Improved
Cottou Gin and John Merrymau Si Co.’s Ana
mouiated Dissolved Bones, which we now of
fer at a reduced price. sept!4 3m
A Executive Department.
tlanta, Ga., November 21, 1871.
To the Home of Representatives:
I herewith return to your honorable
body, in which it originated, tho bill
entitled “an act to provide for a spe- 1
cial election for Governor, to fill the
unexpired term of Rufus 13. Bullock, i
lato Governor, and for other purposos,” j
with my dissent to tho same and the
reasons therefor,
I have not adopted this course with
out the greatest consideration.
As the object of the hill is to fill the
unexpired term of Governor Bullock,
which, at tho time of his resignation
devolved by tho Constitution upon my
self, my personal prido would impel
me promptly to affix my signature to
it, since to refuse so to do, is to put it
in the power of those disposed to judge
harshly, to attribute my action to in
terested motives. But however much
I may leel inclined, by giving the hill
my assent, to repel such imputations,
I must in this, as in all my official act
ions, be guided by my judgment rath
er than my pride.
Indeed, it cannot hut occur to every
thinking man that if the Constitution
authorizes so unseemly a proceeding
as that presented by the bill under
consideration, in which the Executive
of the State is called upon to sit in
solemn judgement upon the question
of the propriety or impropriety of ter
minating his own official existence
the Constitution is in this respect, at
least, anomalous It is a settled rule,
both of law and of common sense, that
no man should he compelled or per
mitted to sit in judgment upon his own
rights—not only because the selfishness
of human nature leads one to judge in
his own favor, hut because a proud
man would prefer to sacrifice his own
rights rather than subject himself to
tho suspicion of ungenerous critics. In
so important a law as that now pro
posed, the people aro entitled to the
judgment ol both the Legislature and
the Executive.
Nothing is more carefully guarded
against in tho Constitution than the
happening of a contingency in which
a public officer shall become personal
ly interested in the exercise of tho du
ties of his office.
If the Governor be impeached, even,
the President of the Senate is, upon
tho trial, to vacate his scat, since, if
conviction takes place, h e becomes
clothed with the functions of tho Gov
ernor.
The judges of the Supremo Court, if
interested in a case bel’oro them, aro
temporarily displaced by Circuit J udges
selected by the Governor. If a case
arise in which a Judge of the Supovior
Courts is interested, tho law provides
that he shall not preside. And, gen
erally, by the Constitution and laws,
by tlie rules of legislative bodies, and
by common consent of all publicists, it
is as I have said, a settled, rule that no
one shall be permitted or compelled to
exercise his public functions in a mat
ter directly involving his own interests
Wore the duty imposed a mere minis
terial one, in which I was called upon
simply to do an act, in which I was
not bound by my oath of office to ex
ercise my judgment, the case would be
different.
I have said thus much|because I can
not hut feel that the Legislature in the
passage of this hill has not fully con
sidered the position in which it places
myself; and because I cannot think so
strange an anomaly as its presentation
to me for my signature was ever con
templated in the Constitution of the
State.
Tho Constitution, article four, sec
tion one, paragraph four is as follows :
“In case of the death, reignation, or
disability of the Governor, the Presi
dent of the Senate shall exercise the
Executive powers of the Government
until such disability be removed, or a
successor is elected and qualified. And
in case of the death, resignation, or
disability of tho President of the Senate,
tho Speaker of the llouso of Repre
sentatives shall exercise the Execu
tive powers of the Government until
the removal of tho disability, or the
election and qualification of a Gov
ernor. Tho General Assembly shall
havepower to provide by law for filling
unexpired term* by a special election.”
Without doubt it ‘is upon the last
sentence of this quotation from the
Constitution that this bill is founded
The bill is entitled “an act to provide
fora special election for fill
the unexpired term of Rufus B. Bul
lock, late Governor, and for other pur
poses." It provides that an election
shall be held on a fixed day, to-wit:
The third Tuesday in December, eigh
teen hundred and seventy one, for that
purpose. •
In my judgment, the clause of the
Constitution referred to does not au-
justify, such a law. The
langnage is, ‘The General Assembly
shall have power to provide by law
for filling unexpired terms by a special
election.”
It was contemplated that the Gener
al Assembly should provide, by a gen
eral law, not for filling a particular
unexpired term, but for filling unex
pired terms generally. No man can
read this language of the Constitution
without feeling that it is a vtry strain
ed construction, to say the least of it,
to hold that it authorizes} a special law
for a special case. The language is
unsuited to such an idea. The word
terms indicates clearly that a general
law is meant, passed in view of the
general public good, and looking to
future vacancies, and not to one that
has already occurred. The action now
taken can only be called a law by cour
tesy It is rather an order than a law
as is indicated by the constant use of
that tern when speaking of it in com-
DAWSON, GA., THURSDAY, NOVEMBER 30, 1871.
mon conversation. It does not provido
for future events, but for one past
event.
TJpon the resignation of Governor
Bullock, I was iuformed thereof by
the Secretary of State, and, on tho 80th
dr.y of October of this year, in pursu
ance of section 127 of the Code of
Georgia, I appeared at tho Capital and
took the oath of office, and the same
was entered upon the minutes of tho
Executive office, as roquired by the
section oftheCodo just citied. That
oath was in these words, as prescribed
by the Constitution; “Ido solemnly
swear that I will faithfully execute the
office of Governor of the State of Geor
gia, and will, to the host of tny ability
preserve, protect, and defend the Con
stitution thereof, and of the United
States of America.”
At the timo I took said oath, there
was no law in this State for filling un
expired Gubernatorial terms by a spe
cial election. Tho Constitution was
the only law. That conferred the of
fice upon the President of the Senate,
until the regular election for a Govern
or, in the mode and at the timo there
in provided.
It is competent for tho General As
sembly, under a clause authorizing it
to provido by law for filling unexpired
terms, to order an election, by special
act, to fill a term already filled accord
ing to the Constitution?
Section twenty-six of article ono of
tho Constitution provides that “Laws
shall have a general operation, and no
general law, affecting private rights,
shall he varied in any particular case
by special legislation, except with the
free consent, in writing, of all persons
to ho affected thereby.”
At tlie time Governor Bullock re
signed, and the oath to “execute the
office of Governor of the Stato of Geor
gia” was administered to me, it was
the general that the President of the
Senate should exerciso the duties of
Governor until tho regular election,
and it is not competent for the Gener
al Assembly, by a special law, to vary
this general law, so as to affect a case
occuring before tho enactment.
Now, is there any significance in
this argument? in the uso of the
word “special election,” in tho clause
referred to? The Constitution, in arti
clo two, section eleven, provides that
the election of Governor, Members of
Congress and of the General Assembly
shall he held at the same time, to-wit:
on the Tuesday after tlie first Monday
in November. The election of a Gov
ernor is also provided in article four,
section one, paragraph two of the Con
stitution to he held on the Tuesday af
ter the first Monday in November,
quadrennially, at tho places for hold
ing general elections. Any election to
fill an unexpired term, must necessar
ily, though provided for by ,a general
law for all such cases, he a “special
election,” siuco it is held at a different
time from tho “general election,” to
wit : some timo regulated by law for
filling unexpired terms.
Had the intent been to authorize
the General Assembly to provide for
filling a particular unexpired term, af
ter it had occuied, it seems to me the
language used would have boon very
different. Tho Constitution would
have said, “The General Assembly
shall have power by special law, to
provide for tilling an unexpired term
by a special election.”
A power to provido by law for filling
unexpired terms by a special election
necessarily involves a general survey
„f such cases, and especially does it
involve the free exercise of judgment
by the Legislature and by the Govern -
or. This free judgment cannot he had
in a special law for a special ease,
when the passage of it involves the of
ficial existence of the Executive. He
can give no free judgment in the mat
ter, since he is necessarily interested
in the event.
No proper provision can he made by
la w for such a caso, after tho occa
sion has arisen, because one of the
elements of every law—the free judg
ment of tho Executive upon its pro
priety—caunot be obtained, and be
cause its passago involves the violation
of that clause of the bill of Rights
which prohibits the varying of a gen
eral law by special enactment, when
private rights are thereby to he affect
ed.
Another objection to the constitu
tionality of this bill is drawn from the
provisions of article four, section one,
paragraph two of tho Constitution.
This paragraph is in these words .
“After the first election, the Govern
or shall be elected quadrennially, by
the persons qualified to vote for mem
bers of the General Assembly, on tho
Tuesday after the first Monday in No
vember, until such time bo altered by
law, which election shall be held at
the places of holding general elections
in the several counties of this Stato, in
tho same manner as is prescribed for
the election of members of the Gener
al Assembly.
“The returns for every election of
Governor, after the first, shall be seal
ed up by the managers, separately
from other returns, and directed to the.
President of the Senate and Speaker
of the House of Representatives, and
transmitted to his Excellency the Gov
ernor, or the person exercising the du
ties of Governor for tho timo heing,
who shall, without opening the said
returns, cause the same to be laid be
fore tho Senate, on the day after the
two houses shall have boen organized ;
and they shall he transmitted by the
Senate to the House of Representatives.
The members of each branch of the
General Assembly shall convene in
the Representative Hall, and tho
President of the Senate and the Speak
er of tho House of Representatives
shall open and publish tho returns in
the presence of tho General Assembly;
and tho person having tho majoiity of
tho whole number of votes given shall
bo declared duly elected Governor of
this Stato; hut if no person have such
majority, then from the two persons
having the highest number of votes, '
who shall ho in life, and shall not de
cline an election at the timo appointed
for tho Legislature to elect, the Genor- ;
al Assembly shall immediately elect a
Governor viva voce; and in all cases of
election of a Governor by tho General
Assembly, a majority of tho votes of
tho members present shall he necessu- |
ry for a choice Contested elections (
shall ho detorminod by both houses of
tho General Assembly in such inannor
as shall be prescribed by law.”
I am aware of tho claim that these
provisions do not apply to special elec
tions to fill unexpired terms; since it
is contended tho power to provide by
law for filling such terms includes tho
mode by which the result of those J
elections shall bo ascertained and dis
closed. But nothing is more cloar to
my mind than that all parts of the
Constitution are to be considered to
gether—that no part thereof is to he
ignored. It will hardly bo contended
that this power to provide by law for
filling unexpired terms is to he con
strued as though it stood alono. May
the General Assembly, in the exercise
of this power, say who shall vote at
the election? Who shall bo eligible
to the office ? Who shall open the re
turns, declare the result, and decide
the controversy, if there he no major
ity, or if the election he contested ?
It seems to me that the clause con
ferring the power to provide by law
for tilling uuexpirod terms by spooial
election, is to bo read and understood
with this qualification—that the Gen
eral Assembly, in the exorcise of the
power, is to he restrained and coun
teracted by any ottier part of tho Con
stitution applicable to the matter - As
the Constitution fixes the qualifications
of voters, the eligibility of candidates,
and the mode of transmitting and
opeuing tho returns and declaring tho
result; as it provides that the person
elected shall havo a majority of all the
votes cast; and what shall happen if
no ono receives that majority; and
also provides what body shall decido
the controversy, if there boa contest
ed election. As all these things are
provided for in detail in the Constitu
tion, and are, by the express words
used, declared to apply to every election
for Governor, it is a very unfair con
struction to say that they apply only
to the regular quadrennial election,
and not to the special elec.ions to he
provided for by law for filling uuox
pired terms.
The true rule of construction would
bo, as I think, that every provision in
this paragraph not positively inconsis
tent with tho clauso authorizing the
General Assembly to provide by law
for tilling unexpirod terms, is intend
ed to apply to the caso of special elec
tion. There is the same necessity for
all these provisions, in one case as in
tho other, and I can see no reason
for them in the caso of a general elec
tion that does not apply equally to
special elections.
In this way only can all parts of
the Constitution he ntado to stand.
The paragraph I havo quoted re
quires the returns ol every election to
be transmitted to the Senate on the
next day after tho organization of tho
two houses. The two houses are or
ganized twice in every four years—
once with tho incoming regular elected
Governor, and onco two years there
after. A special election may be held
and the returns transmitted to the
Senate as provided by the Constitution.
on tho next day after the two houses
shall havo organize 1, only if the va
cancy shali happen during the first
two years of the quadrennial torm.
Here is a solemn provision of the
Constitution. What light has any
tne to say that it is to bo ignorod, es
pecially in a caso in which it can he
obeyed to the letter, and the power
to prurido by law for filling unexpirod
terms still exist.
True, the power will be much re
stricted, as it will ho confiod only to
such unexpirod terms as happen with
in the first two years of the quadren
nial term. But if the Constitution
can be obeyed in no other way, the
conclusion is irresistible that such was
tiie intention of tho framers of that
instrument.
A brief sketch of the history of
this clause for filling unexpired terms,
will indicate that this was the proba
ble meaning of those who introduced
it.
The Gubernatorial term had long
been but two years. Tho mode of
making tho returns, declaring tho re
sult, etc., was a part of the old Con
stitution, and was in harmony with tho
term of office pr scribed. It harmo
nized with the election, and meeting,
and organization of the General As
sembly. Under previous Constitutions
thero was no power to provide by law
for filling unexpired terms by a spo-
I cial election. The term being hut two
I years, it was not thought necossary to
| have an election in case of a vacancy, j
The Constitution of 18G8 extended 1
1 the term to four years, and this clause
| wets aided, no change being made iu
I the mode of transmitting aud opening
| the returns for the simple reason that
it was not intended there should be a
! special election unless tho vacancy oc- j
| curred within the first two years of
the quadrennial term. So that the re- j
| turns could bo transmitted to the Sen
| ato on the next day after tho organi
zation of tho two houses, electiu at
the end of two years from toe com
-1 incncemeut of tho quadrennial term.
I There was, too, an obvious proprie
ty in having this limitation of tho
power granted to stand. For, whilst
there was great tuasou for having a
special election By the people, if the
vacancy occurred during the first two
years, thero was but little reason for
it if tho vacancy occurred during the
last two., Besides, in ono case tho va
cancy could he filled, tho returns
oponod, tho result declared, and tho
Governor elect inaugurated at tho
1 meeting of the General Assembly at 1
the regular time, whilst in tho oilier
case, a special session of tho Legisla
ture, with all its attendant expenses,
would L-e necessary.
This brings me to an objection to
1 tho hill based upon tho great expenso
necessary for its exocution.
Tho regular election for a Governor
occurs under tho Constitution on tho
Tuesday after the first Monday in No
vember next, less than a year from the
timo fixed by this hill for the election -
Should the election contemplatod
by this bill take place, the returns
I enn hardly bo made before the first
day of January, 1872, which lenvos
: only about ten mouths for tho Gov
ernor to he elected to servo.
It does not become me to say that
the duties of the office can he as well
performed by the present incumbent,
but it cannot escape tho reflection of
any man, that tho expenso of tho elec
tion, and more especially the expense
of a special sossion of tho Legisla
ture to receive the returns, declare <he
result, and inaugurate the new Gov
ernor, will be a large item, and ought
only to bo iuaurred for some very nec
essary and pressing exigency.
Should the present session bo pro
tracted till that time, it cannot be douo
at a less expenso than one hundred
thousand dollars, and should it ad
journ to meet again, say by the sec
ond Monday in January, the expenses
of mileage, and pay of mouthers and
officers lor the extra session cannot ho
loss than one_hundred and fifty thou
sand dollars, if the extra session con
tinue only for a few days, which is not
at all probable.
To incur so groat an expense in tho
present emhurrassod condition of the
finances of the State, for tho singlo
purpose of changing, for u few months
the incumbent of the Executive chair,
might, it is true, under some eircum
stanees, be a public necessity; hut I
may he pardoued for saying that, in
my judgment, such a necessity does
not now exist.
In looking troro closoly into tho bill
undor consideration, I perceive that it
is based entiroly upon the idea I havo
endeavored to combat. It takes for
granted that the detailed provisions of
the Constitution for making, transmit
ting, opening, and counting the re
turns, etc., do not apply to special
elections, and the hill therefore pur
ports to provide for said details by en
acting that such proceedings shall he
had as Is provided in article four sec
tion one, paragraph tlireo of tho Con
stitution, in case of a regular election
foi Governor.
I assume that this provision would
not have been in tho hill unless tho
General Assembly was fully satisfied
that those provisions of the Constitu
tion did not apply to the caso of a
special election ; and that without a
special adoption or re-enactment of
them for a special election, there would
be no law at all to provido for t’ e
case. I present for your considera
tion another objection to tho hill pre
sented for my signature.
By some strange mistake, only no
ticed by myself since the body of this
message was w’ritten, and, therefore,
too late to call attention to it in time
for its remedy, it will ho seen that the
reference in the hill is to article four,
section one, paragraph three of the
Constitution. That paragraph pro
vides, not for making, transmitting,
and opering tho returns and declaring
the result, hut fixos who shall be inel
igible to tlie office.
If this bill were to be signed by
mo, the anomalous caso would presont
itself of a law to elect a Governor
with no provision for a tribunal to
open the returns, declare the result,
and announce the same. Should arti
cle four, section one, paragraph two of
tho Constitution, apply to the case the
law would he that the returns are to
be transmitted to tho Senate on the day
after the two houses shall have been organ
ized. This it is impossible to do, as
the two Houses cannot ho organized
until after tho Tuesday after the first
Monday in November, 1872, at witich
time the regular quadrennial election
for Governor takes place.
For these reasons I refuse to sanc
tion the bill and respectfully return it.
Benjamin Conley,
Governor.
An old lady reading the market re
ports for the first timo, tumbled upon
tho quotation—“ Coffee weak,” and re
marked : “Well, Ido declare, if they
don’t weaken coffee now before it is
parched.”
Four things are grievously empty :
A head without brains, a wit without.
judgement, a heart without honesty,
and a purse without money.
Said an ambitious youth to a young *
1 lady : ‘Don’t you think I’cl i>otter dyo j
my mustache’ caressing the faintly vis- |
hlo progeny. 1 think if you will let,
it alone it will die itself,’ said tlio
lady.
‘Our Major,’ said an American sol
dier ‘had long feet, and also a j
1 horse that threw evorv one but tho
! Major. One evening tho Major’s ser
vant was out on the parade ground
, with the horse, and, as usual, got
thrown off, when ono of the boys spoke
!up and said : ‘I know why tho borso
■ don’t throw the Major.’ ‘Why !’ Was
asked by a dozen or more ‘Weft, yon
see the Major’s got such long feet that
the horse thinks he’s in Lie shaft*.’
Fit off ATLANTA.
Proceedings of the Legislature.
Condensed from the JYlegrnph and .Messenger.
SENATE.
Abill to give to contractors and sub
contractors a lion on railroads for labor
done in tho construction thereof, he- |
ing unfinished business, was t ikon up, I
and on fw.on of Mr. Nunnully wa» 1
recommitted to the Judiciury Commit- I
teo.
A hill to make it penal to withhold
money or property belonging to the
State of Georgia, heing the spocial or
der, was then taken up.
On motion a hill to provido a reme
dy by which money or property stolen
or fraudulently detained from the Suite
or the Westorn and Atlantic Railroad
may bo recovered, aud for othor pur
poses, was taken up as a substitute.—
The bill provides that upon the infor
mation of any citizen the Solicitor Gen
eral shall file a petition in the Superior
Court to recover money or property
fraudulently stolen or dotuined from
the State, and that an attachment
shall issue against tho property of the
defendant, upon the oath of the infor
iner that said defendant does detain
money or property from the State.
Mr. Hillyor proposod to striko out
the 9th section, which provides that
the informer shall file a bond to in
demnify the defendant against all
costs, damages and expenses, provided
it s' all appear on the trial that such
claim or information is false or un
founded, and insert therefor that upon
the defendant making affidavit that,
to the best of his knowledge and be
lief, tho information is false aud uu
foundod, the Judge shall issuo an or
der to show cause why the informer
should not give such bond, and upon
the return of said rule the Judge may
requiro such bond or not in his discre
tion.
Mr. Candler opposed the amendment.
Mr. Brock spoke against tho amend
ment.
Mr. Ilillyer claimed that the sec
tion as it stands casts an obstruction
in the wav of the remedy as entirely
destroys it, and the Courts should not
ho closed to such suits in that way,
and that thure is no paraloll ease in
the law.
Mr. Wellborn moved to lay tho hill
on tho table. Carried.
Tho veto messuge of the Governor,
ad interim, to the hill to provido for a
spocial election to fill tho unexpired
term of Rufus B. Bullock, lato Gov
ernor, and fur other purjtoses, was
then taken up and, on motion, read.
Mr. Candler called the previous
question on tho passage of the hill
The call was sustained by uyos, 26 ;
nays, 13.
The vote on tho passage of the hill
stood : ayes—Messrs. Brown, Burns,
Cameron, Candler, Cone, Estes, Erwin,
Hoard, Hicks, Hillyor, Hunter, Hoyle,
Jervis, Junos, Jordan, Kirkland, lvib
hoo, Lester, Mathews, Nieholl-, Nun
nally, Peddy, Reese, Richardson, Sim
oons, Steadman and Wellborn—27.
Nays—Messrs. Anderson, Black,
Brock, Bruton , Campbell, Clarke,
Coleman, Crayton, Deveraux, Griffin,
McWhorter, Sm i th, Wallace aud
Welch—l4
Tho President voted yes, making
two-thirds majority as required by the
Constitution, and tho hill was passed.
On motion tho Senate then adjourned.
House met at 9 a. m., Speaker Smith
presiding.
Mr. Heidt moved to suspend the
rules to take up a resolution thnt no
membor shall speak longer than ton
minutes on any subject, without tho
cot.sent of the Houso. Motion pre
vailed.
Mr. Parr moved to insert fifteen in
stead of ton minutse. Agreed to, and
the resolution adopted as amended.
The Governor’s message returning
the hill to provide for au election to
fill tho unexpirod term of li. 11. Bul
lock without his approval, was, on
motion, taken up and reud.
He gives as his chief reason for vo
toeing the bill, the argument that
while under tho Constitution the Log
isluture has power to pass a general
law to till uuoxpired terms, they have
no authority to pass an act to provido
for an election to till a vacancy which
occurred prior to the passage of the
act.
Mr. Russell hoped thnt the bill
would pass by an over whelming con
stitutional majority over the veto.
Mr. Bush favored tho passage of
the bill over tho veto.
Mr. Jacksou argued agninst passing
the hill over the Governor’s veto. He
said Couley is a usurper, and ought
not to have been rocognizod at first,
and the majority who votod to do so,
now contradict themsolvos when they
proposo to hold an election to fill the
offieo which they recognize that he
now holds. It is too late now to pass
a law to fill a vacancy which has been
filled before the bill becomes a law.—
If Mr Jenkins were in Conley’s place
! would it be attempted to order an elec
[ tion ? If ono could look into the
| hearts of the pooplo it would be soon
that they do not waut an election held
now, for tho risks uro greater than the
■ advantages to b© gained. The Feder
al Congress is on tlie eve of assemb
ling, and nearly every State in which
elections have been held lias gone Re
publican. Tire Ku-Klux Committees
are about to report, and so long as the
1 colored and white people are arrayed
ion opposite sides there will he on
1 trouble about an tlect'on, and auiil
' all these circumstances we are to at
tempt to inaugurate a Governor with
' the greatost probabilities that the pres-
I ent incumbent will resist his entrance
1 into the gubernatorial chair. Mr. !
' Jackson said he is a Democrat as Kmg I
1 as tho party acts rightly, *nd a lie-
VQL. VI. —NO. 42.
publican so far as the Republican par
ty acts rightly.
Mr. Bacon said that,he wanted id
vindicate himself and those who vote
for the passage of the hill from any
imputation ol doing so because of at
desire of popularity or fear of popular
opinion. The reasons assigned for
tho veto are fallacious. The law is
clear that the General Assembly ftiay
order the election, and the prosent in
cumbent ought not tj raise a quibble
when ho is deciding upon his own
rights. All the argument upon thd
other side is that Mr. Conley will re
sist the newly elected Governor, hut
when t/ie hill was up for passage, it
was airued that no imputation
to he cast upon him. It is net 1 ques
tion of policy now when tho Legisla
ture has determined that the intere ts
of the State demand the proposed elec
tion, and the acting Governor has de
clared that ho will not sanction the
bill.
Mr. Jackson is mistaken when hti
says the people do not want this elec
tion ; they have been plundered and
maligned by the “head devil,” who
has fled, leaving Conley to fill the place
he occupied, so as to cover up his viF
lanies.
Tho geutleman from Fulton admits'
that Conley is a usurper, and it is the
duty of sworn Legislators not to rec
ognize usurpation. If Mr. Conley
will not yield to the Governor now
pro]K>scd to be elected, why should ho
yield two years hence* and why would
not the same trouble be feared then - aw
now ? The veto message when strip-'
pod of all sound argument, dwindles
down to the idea that Mr. Conley is in
the offieo of Govornor and wants fir
stay there twelve months longer.
Mr Iloge said that Mr. Conley is ;
only exorcising the duties of Governor
until a successor is electod and quali
tied, aud it is beyoud doubt, that the'
right to hold an election to fill the va
cancy exists. He favored tho passage
of the hill over the veto.
Mr. Snead called the previous ques
tion, and the call was sustained. The
yeas and nays were taken with the fill
lowing result—yeas 110, 36 nays.-—'
Tho bill was declared passed notwith
standing tho veto, and was ordered'
transmitted to tho Sena to. Nays—
Allrod, Atkinson, Buttle, Blue, Bruton 1
of Decatur, Brown, Campbell, Glower,■
Colly, Converse, Davis of Clark, Dukes,'
Emerson, Ethridge, Floyd, Fianklin, -
Griffin of Houston, Hall of Merriweth
eV, Head, Ilillyer, Jackson, Jones of
Macon, Lewis, Mansfield, McWhorter, -
Moreland, Oliver, O’Neuh Putney ,1
Richardson, H argent, Simmons of Hall* -
Simmons of Houston, Smith of Cow
eta, Whatley and Williams.
On motion of Mr. Hall of Upson, -
tho rules wore suspended to take up’
tho Senate resolution passed yesterday
providing for the appointment of af
committee to take an inventory of the 1
articles of the household and kitchen 1
furniture in the Executive Mansiou.—
The resolution was adopted. Messrs.
Hall of Upson, Rutherford, and Mur
phy of Harris, were appointed on said
committee.
On motion of Mr. Johnson of Jeff
erson, the rules were suspended and a
resolution offered by Mr. Hoyle, ask
ing Congress to refund tax collected
on raw cotton uuder the revenue laws, -
was taken up and adopted.
The hill by Mr. Gumming to endow
tho Univorsity of Georgia was read
tho first time, and 200 copies ordered
to ho printed.
Also, a bill to change the timo of
holding Richmond tSuperior Court.
The bill to change the county site
of Clarke county from Watkinsvile fir
Athens, was taken up and passed.
A bill by Mr. Jones, of Macon, fiy
make employers responsible for tax
due by employee.
A resolution by Mr. Bacon in refer
ence to State aitl to railroads, was read
and mado the special order for Monday
next
Leave of absence was granted to
Messrs. Heidt, Hunter, Putney, Dell, -
Summers of Houston, R. A. Murphys
and Jones of Gwinnett.
Senate, November 23.—Tho unfin
ished business of yesterday was taken
up : It is a bill to provide a remedy
by which money or property stolen or
detained from tho Suite, or the W. &.
A. R. R., may be recovered with an
amendment.
The amendment changes the mode
of prosecution of persons charged w th
having violated the provisions Os the'
bill, and dispenses with bond and se
curity required by the hill, except by
order ot court on tho return of a rule
nisi, issued at the instance of the in
former.
House or Representatives. —Tins'
House mot at the usual hour, was
called to orjbr by the Speaker, and
opened witf* prayer by Rev. Mr. Cox.
Journal of yestorduy read and ap
proved.
Clowor, of Monroe, moved to recon
sider the passage of the election bill
over the Governor’s veto.
Mr. Lang made the point of order
that the hill had been transmitted to
the Senate, and therefore could nbt he'
reconsidered by the House.
The Speaker ruled tho point woil
taken.
Mr. Farmer also offered a resolution!
instructing the Judiciary Committee to
report whether or not any further leg
islation is necessary to carry out the
election for Governor in December next.
Mr. McMillan moved to aWtstld by
instructing tho committee to enquire
whether or not a general law fur fill
ing unexpired terms can be so framed,
as to cover not only the present, hut
all future cases of vacancies in the
Gubernatorial Chair. The amendment
was accepted and the resolution agreed 4