The Dawson weekly journal. (Dawson, Ga.) 1868-1878, November 30, 1871, Image 1

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THE DAWSON WEEKLY JOURNAL. by WESTON & COMBS. satosim ftrarral, PUULISIIKI) EVERT THURSDAY, TERMS— strictly In Advance. Three month* $ 75 Bit months 1 25 Ose rear 2 00 ADVERTISING ratesT MO. SQUARES. 1 ONI MOUTH. TWO MOMTHS. THREE M’THS. SIX MONTHS. ONI TEAR. ore* $ 800 $ 500 $ 700 sl2 50 S2O 00 two 500 750 10 00 18 00 25 00 YBEEI 1 00 10 00 12 00 20 00 30 00 tour 8 00 12 00 15 00 25 00 40 00 $ 10 00 18 00 25 00 40 00 60 00 | 15 00 25 00 35 00 60 00 110 00 1 col. 25 00 40 00 60 00|ll0 00 200 0 To •Advertisers :—The money for ad vertising considered due after first inser tion. Advertisements inserted at intervals to be •barged as new each insertion. An additional charge of 10 per cent will be made on advertisements ordered to be in. serted on a particular page. Advertisements under the head of “Spe cial Notices" will be insorted for 16 cents por line, for the first insertion, and 10 cents per line for each subsequent insertion. Advertisements in the “ Local Column," will be inserted at 25 cents per line for the Crst, and 20 cent, per line for each subse 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