Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, July 20, 1870, Image 1

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Newspaper Page Text•ERROR CEASES TO BE DANGEROUS WHEN REASON IS LEFT FREE TO COMBAT IT.”—Jefferson. VOLUME XXII ATLANTA, GA., WEDNESDAY, JULY 20, 1870. NUMBER 29 tUrrkli) Jtttclliflfncrr I'UHLlhUKO DAILY AND WRKKLY BY JARED IRWIN WHITAKER, Proprietor. ~ ATLANTA, GEORGIA' Wednesday. Ju»y 20, 1870. Btpurl (be P*nl- (be ConmiliM an lendary. To tbe exclusion of other reading matter, we publish this morning the report made by a joint committee ol the General Assembly of this State, appointed at its last session, to examine tnoroughiy^ into the condition of that institu tion, and report thereon at the present session, a copy thereol, with tbe testimony taken during the investigation, in pamphlet form, embracing some 20C pages, having been laid upon onr table. Upon this report we have but little comment to make. Tbe testimony taken embraces some 182 pages, and is of such a character that it seems fairly to have puzzled-as we confers it does us—the committee. That we may not, however, do injustice to tbe committee, and that (heir labors and conclusions may be fairly judged by our renders, we publish the entire report, tortvai lug to bestow upon it either censure or praise. The Com mittee have certainly had a disagreeable duty to perform. Perhaps a more defective penitentiary system than Georgia’s does not ex ist in auy State in the Union, and it will require, we say it with due respect to the Committee, more of prac tical abilty and greater knowledge ot how oflendera ot the law should be punished, so as to render their labor profitable to tbe Slate without inflicting punishment at which immunity revolts, thau tbe one which has jual made Us report, or indeed any which the legia- lative body id this new era iu Georgia, can probably lurnish. To the repoit then itself we reler our readers, each lor himself to judge ot c*(Mle A Uriel* 11 lira I Society. To the ‘‘Cahd" ot the Mkckktahv of this Society which appears iu our advertising col umns. we iuvite the attention of our readers — It embraces much information of value to all engaged in agricultural pursuits and especially to those who feel an interest iu tbe development ut tbe resources oi our Blate and iu tbe success ot tbe Stale Fair which is to take place iu At lanta in October next. Hct’orl or (lie roltiinlttee on (lie Pec Itenttary. To the Senate and House of Representatives of Georgia : We t.ave the honor to submit the following report and accompanying testimony, made and takeD in pursuance of a resolution passed at the last session ol the General Assembly, to-wit: /{waived 5th, That a similar joint committee lie appointed, whose duty it phall be to vbit the Penitentiary, and the diflereul places where the convicts are employed, and make a thorough examination into the condition ahd manner of the treatment of said convicts, and render a lull report to tbe. General Assembly on its re-assem bling. Reno!red 6th, That each of said committees be authorized to employ a clerk fully competent to discharge the duties, and that each of said com mittees be authorized to send lor persons and papers, and administer oaths. Tbe committee, preparatory to entering upon its duties, held a meeting in the city ot Atlanta, upon the adjournment of the last session of tbe Legislature, and elected Mr. John J. Newton clerk of the committee, and then adjourned, to meet in Milledgeville, Georgia, od May 20. In pursuance of said adjournment, the committee met, and on the 21st oi May proceeded to take testimony. Mr. John Darnell, tbe Principal Keeper, was first interrogated, who made several charges against the lessees, Messrs. Grant, Alexander & Cn., ot cruel treatment to the convicts in divers wavs. The Principal Keeper seemed to know but lit tle of tbe management and treatment ot the convicts of his own knowledge, he having spent nearly all of his time in Mtllcdgeviile, where there arc but few ot the convicts kept, nearly the entire itnmbt r being employed on the Macon & Augusta and Air-Line Railroads. Alter taking the testimony ot a large number of witnesses in and around Milledgeville, and visiting the stockades and places ot work on tbe Macon & Augusta Railroads, where a large num ber of the convicts are employed, under the im mediate charge ot Mr. William D. Grant, one of the lessees, the committee adjourned to Atlanta, and here took a latge amount of testimony, and from here visited the Air-Line Railroad, where the balance ot the couvicts are engaged, under the immediate supervision of Thomas Alexan der, one ot the lessees. The comm:itec went among the prisoners, and conversed freely with them upon their treatment generally, and inspected their clothing, rations, hospital accommodations and diet, and the places provided for their security and rest at night. Every cflort was made to gather all the infor mation that the committee could reasonably obtain. In taking testimony, every person was allowed to come before the committee that wished to give evidence, except the convicts themselves, and'with them conversations were fieclv held, as before stated. Many of the witnesses were discharged convicts. It is one to the lessees here to state, that they were prevented from confronting the witnesses. This probably is the cause of but very little or no rebutting testimony being taken. The lessees themselves stating that their n- clusiou troui the presence of the witnesses would prevent any efloit ou their part to retute statements made ag&iust them. This course was adopted by the committee to prevent intimidation of tbe witnesses that were exp*cted to come before it; and considering, too, their investigation onemoreof inquiry than trial. I lie committee also investigated, lrom general rumor, some charges ot conversion ol public property by lormer officers of tbe Penitentiary, and find that a lot ol irou was taken lrom tbe Ptuiteutiai v aud sold by O. H. Walton, former Principal Keeper, lor the sura ol nine hundred dollars, ol which only five himdred dollars has l(ten returned to the Stale Also other arti cles ot property, taken aud now beiug used by parlies, aud uo amount paid to tbe State lor the same. Also in tbe purchase and sale ot other articles, we find larger prices charged the State tbau tbe articles cost, and smaller prices charged lor articles sold, especially to officers of the Peuitentiary, than the cost ot said articles to the Stale; ior the lull particulars ot which we respeetiuliy reter you to the accompanying tes timony. Tbe testimony is extensive and conflicting, aud much of it is, and should, be considered with much allowance, as there are many rea sons why imaginations are so often construed, encouraged aud cultivated, uutil they seem to become facts. And especially in cases like theirs, when it is so easy tor passion, interest, malice aud revenge to creep iu, with all their Liasiug influences, upon the judgment and ac tion ol man. lire committee, however, alter considering tbe mailer in all its phases, think they are sus tained in reporting as follows: That tbe general condition of tbe prisoners is good, their personal appearance supports, very strongly, this conclusion. Their clothing is comfortable, with sufficient •’Langes. Their food is ol a good, wholesome quality, with a lair variety, and abundantly dealt to t hem Ol their medical treatment the commit- f.'eftte had but little means ol adjudging ; though, Miom what information we derived we are of tbe « opinion that it may answer tbe purpose. . The stockades, or quarters, are, in the opin- ou of the committee, too small for the number ii prisoners usually required to sleep iu them, 7’especially in warm weather. A Tbe hours allowed them lot sleep are, in some (. -rases, insufficient during the short nights. The ailing ol tbe cooks from among those that labor i&iard, at a very early hour in the morning, ne cessarily nmu: e.- all tbe balance. Aod the com mitlce could hardly e-cape conscientious repri mand not to mention and endeavor to correct some pi nclici s that are bad by tbe lessees, and others tolerated among tbe convicts on the Sab bath. Tboje that are bail by the lessees are differ ent kiert*. ot labor that ihe convicts are hired to do on tbe .-abn&ttj day. Those that are tolera ted and practiced among the convi. 'a are nu- me;ous immoral mode of passing i tl the Sab bath day, such as playing cards, dice, and other like games. And while we admit that moral, religious teachings in prisons seem to have bad little or no good effect upon the prisoners^ at least such is information upon *• Fiison Moral Reform,” that we regret to see that there has been no pro vision to have proper religious instruction given to the prisoners in their charge. There have been a few visits and sermons made to them by ministers located near the places where the convicts were kept, but this is very irregular and seldom. The mode of pun ishment adopted by the leasees is whipping with a leather paddle and strap, mostly upon the naked person. This m .dfc was established years ago by the rules ot the Peiiientiaty, and transmuted, by inferem e to the present lessees. Great complaints ot abuse ol this authority have beeD made against overseers employed by Messrs Grant, Alexander A Co. Much evi dence has been adduced ou this subject, and, it true, certainly should be corieeted But bow to correct a complained ol evil ol this ebaracer is a difficulty that no i,ue cau billy appreciate until it has been more than ordinarily studied. Tbe one whipped, binning under tt e sting ot tbe lash, and provoked to tec-lings of revenge, is hardly competent to fully judge and describe the punishunnt. Neither are those situated where they are subsided where they arc subject- ed to the same treatment Only by a well bal anced judgment and temper can this punish ment resorted to im prison discipline. Volumes might, and, perhaps, much more should he writ ten thau we have time and space to write on the subject ol pns n discipline among criminal convicts; it is a grave as well as a great ques tion to avoid extremes. While inhumanity should be prohibited on tbe one baud, any disciple in the other direction which would give importance to criminals and dlenity to crime should be avoided. Crime must meet its reward, or we have no safeiv. In Connecticut, Indiana, Kentucky, Maine, Michigou, aud Missouri, the lash is used, with other punishment, to enforce good order and discipline. Iu Massachusetts. New Hampshire, Ohio, Pennsylvania, Rhode Islaud, Vermont, Wisconsin, and New Ymk, Ihe lash is discarded, mid other punishment resorted to. In New York three modes ol punishment not elsewhere employed are practiced, viz: the shower hath, the crucifix, and bucking. Shaving the head, so common in lormei times, is still occasionally resorted to iu the Missouri State Penitentiary, and iu the Stag Bing prison in New’ York; iu the latter, it is said, only iu case oi riot. The committee are ol the opinion, however, that there lias been cruel punishment inflicted upon some prisoners by men employed as over seers And in some instances prisoners have been required to do in< re labor than they could physically endure, by overseers insufficiently experienced to properly estimate a man’s physi cal ability. The committee are pleased that nearly all these cases ol cruelty complained of occurred several months ago, when the present system was new, anJ the proper management yet to be learned. At this time there seems to be a great, im provement upon the management.and treatment, of the prisoners. Aud we hope that, tor the future, at ieast until the expiration of the con tract with Grant, Alexander & Co., by a proper discharge ot the duties of the Principal Keeper ot the Penitentiary, that muchot the irregulari ties heretofore complained ot will be obviated. The Principal Keeper complains of a want ot means to obtain proper and correct information of the number of convicts and length ol sen tences; says that the convicts are carried directly to the railroads upon which they are employed, with the exemplification papers from the coun ties from which they are sent, and that it occa sionally occurs that he does not get these papers for some considerable time atterwards, and may, in some instances, never get them, all oi which, we think, can be remedied by the Princi pal Keeper requiring the lessees to furnish him immediately upon tue arrival of a convict, with the exemplification papers, and to require the lessees to make to him a monthly report, giving the names of all convicts then in their employ, and the names of sll those that died, or were discharged, or escaped, during the month. The committee found a discrepancy in the report of the Principal Keeper, and the reports ot the lessees, of the number of cenvicts now on hand. The Principal Keeper’s book showed lour hundred and ninety-six (496,) while the lessees only report three hundred aud eighty (380) convicts, in detail, as follows : White mates 59 White females 1 Colored males SOI Colored females 16 Total, Jane 4, 1S70 380 This number is almost daily changing, by new convicts comiug in, by discharges, deaths, escapes, &c. The hours ot labor that the convicts are re quired to perform are stipulated in the contract by the State and the lessees, as follows : From November to April, ten hours; and from April to November twelve hours. The lessees construe this to mean the whole number ot hours here staled, shall he consumed in actual labor by the convicts; tue time ot going to and from the places of labor is not considered as a poition ot the specified time. The prisoners are required to wash their per sons, and put on clean clothes every Sunday morning. But little attention seems to be paid to their personal cleanliness at any other lime The prisoners complain ot a want ot water facilities in the 9tockades; say they seldom have an opportunity to wash their bands and faces in tbe morniug. The Committee, having thus give a synopsis of its dointr and fiudings, would most respect fully recommend to the General Assembly the adoption of a resolution directing His Excel lency the Governor, to instruct the Principal Keeper of the Peuitentiary to require of the lessees prompt transmittals to him ot ail exem plification papers , ot couvicts, as they are re ceived by them ; also, to make to him monthly reports, stating the names of all convicts iu their charge; the names ot aii couvicts who died, escaped, or were pardoned, or discharged during the past mouth ; also, to instruct the Principal Keeper to visit places occasionally where the convicts are kept, and to inspect the prisoners and verily these monthly reports, aud to require the lessees to abate the causes of complaint referred to in this report, as. lol- low8: That all labor on the Sabbath day, by theeon- victs^exe.ept such as is absolutely necessary, shall tie forbidden and prevented; tint all gam ing at cards and dice, aud other immoral prac tices, on the Sabbath, shall be prevented. And that no convict shall, in any instance, receive more thau tweuty.five lashes, and only that number iu piesence ol the lessees, aud not more tbao ten lashes shall be inflicted upon a convict by any overseer, especially aetnorized to inflict whipping by the lessees, in the absence of the lessees. And that no couvict shall be whipped twice ior the same oftense, nor twice on the same day. The whipping of temales npou their naked person shall prohibited. Aud the hours of labor shall be considered from ihe time the prisoners are ordered out lo work iu the morn ing to the time they return lo the stockade or quarters, deducting the time allowed them for uoon. Also, that the Governor cause the At torney General to review the testimony, here with submitted, iu reference to the property there referred to, and if thought necessary by the Attorney General, that he shall be required to bring suit for the same. Also, that the Gov ernor be instructed to require the pertormance of religious service to the convicts every Sab bath day; and that all facilities tor this purpose shall be given by the lessees, consistent with the sale Keeping and discipline of the prison ers. And this committee leel that they will not have done their duty to close this report with out mentioning tbe fact that every facility was ofiered and given them by the lessees and the Principal Keeper, to aid them in the discharge ot their duties, and that we cheerfully extend to Messrs. Grant, Alexander & Co , and Mr. John Darnell, oar sincere thanks for the many kind nesses extended to us. r Senate. j y House. » J All of which is most respectfully submitted for your honorable consideration. Thomas J. Spker, Chairman, j George Wallace, M. A. Candler, Virgil Hillter, Morgan Rawls, J. M. Simms, S. J. McArthur, H. M. Turner. Attest: John J. Newton, Clerk. GEORGIA LEcTsLA TURK FOURTH DaY S PROCEEDINGS. Tuesday, July 12, 1870. SENATE. At 10 o’clock, A. M., President Conley called the Senate to order. Prayer was ofiered by Rev. Wesley Pretty- man. Roll called and Journal ot yesterday was read and approved. On motion ol Mr. Trawick, a seat on the floor was tendered to Mr. Bouliy, of the Hawkins- ville Dispatch. Mr. Harris—Resolution was taken up and read, when the Senator advocated the policy of the State borrowing tbe school tuDd, which is only drawing at present 3 per cent., and deposi ting in lieu thereof 7 per cent. State bonds, which will increase the interest, and the total amount will he added to, so in the event of the successful inaugural ion ot a school system, the money can be gotten up, having the State bonds as security. A message was here received from the House stating that that body bad concurred in the Sen ate resolution continuing the appropriation act until otherwise ordered by the General Assem bly. Tbe uamps of tbe standing committees, in pari, of tbe Senate was here read. Mr. Hungcrfurd opposed the adoption of the resolution, stating as bis belief, that some of the Senators “must have money on the brain,” thought that the bonds would not be issued to be deposited. Mr. Harris—They are already issued. Mr. Hungerford—Then why not sell them ? Why do you warn to take up the School Fund ? If this thing is done it will meet the merited displeasure of all the people, both black and white. Mr. Nunnally thought the idea of depositing bonds in iieu ot the fund, was the wisest course to be adopted, thought it good financiering to take this money ot the legal debts of the State, rather than force a sale oi tbe bonds at a discount. However, thought the resolution should have originated in the House, and would not vote for it unless said measure sbonld be started in the House. Mr. Wootten desired to introduce an amend ment to the resolution, as follows: That the Treasurer shall not pay out ot the school iund anything, except for the civil list; aud that he keep a strict account of the amounts, aud replace them as soon as needed for school purposes. Mr. Wootten proceeded to state that this measure should be so restricted as not to borrow this money toi general purposes, but confine it to the payment of the civil list, and pledge the security of the 8*ate to its prompt return as soon as an educational system could be perfected; though, that it might be better for the matter to have originated in the House, he would vote for the resolution with the amendment annexed. Mr. Campbell favored the adoption of the resolution with the amendment. Mr. Dunning could not support the resolution as amended ; thought it not presented in the right form; while not objecting to the result sought, thought even the reports pending before the Senate had been read and received ; much light would have been thrown on the subject, and moved that the matter be referred to the Finance Committee, to be reported by bill or otherwise. Mr. Candler objected to anticipating the action of the committee; desired to have the latter por tion of the motion stricken ont. Mr. Smith, of the 7th, opposed referring to a committee. On the vote being taken, the resolution and amendment was referred to the Finance Com mittee. Mr. Smith, of the 7th, moved that the Assem bly from now on meet at 10, A. M., and adjourn at 1, P. M. Mr. Smith then moved a suspension ot the rules in order to take up bills. Lost. Mr. Speer moved to adjourn. Mr. Candler moved to amend that this Assem bly now adjourn sine die. Mr. Dunning moved to lay the amendment on the table. Carried. The Senate then adjourned till 10, A. M., to morrow. HOUSE. The Housp met at 10 o’clock, M., pursuant to adjournment, and was called to order by the Speaker. Prayer by Rev. Dr. Hamilton. On motion of Mr. Franks the calling ol the roll was dispensed with. The Clerk read the Journal ol yesterday’s proceedings. Mr. Hall, of Merriwether, moved for a recon sideration of yesterday’s action in the indefinite postponement ot his resolution to use the educa tional funds tor other purposes. Mr. Hall, in support of bis motion, said, that his object was to save money lor the State; that the money was loaned out at three per cent., and that it could not be borrowed from other sources at a less rate than ten per cent. Mr. Turner, colored, asked if an amendment repaying the amount to the school fund would be accepted; if so, he would vote in favor of the resolution. Mr. Bethuue stated that he favored the reso lution and would offer an amendment in the event of a reconsideration, whicb would meet the objections urged. He stated that the Treas urer had testified before the committee that there was no money in the Treasury, &c. Mr. Shumate advocated the reconsideration of the resolution. He stated that there was properly no school tuDd now, although there is about two hundred and twenty thousand dollars due by the State to the Educational Fund. He stated that there are about one hundred and titty thousand dollars deposited in the Atlanta National Bank at 3 per cent, and twenty thou sand dollars in the Georgia Railroad & Banking Company, that there is no impropriety in ap plying this money to other purposes. Our Judges, Ac., must be paid, and no one will doubt but that this Legislature will raise money for current expenses, hence where is the wisdom ol leuding at 3 per cent, and borrowing at 10 per cent. Mr. Lane stated that he had not moved for the laying ot tbe resolution on the table for the purpose of destroying it, but that he did not think that the lime ter acting on it had arrived. He advocated referring the question of money to the Fiuance Committee. Mr. Sims, colored, said that he was glad to see so much interest manifested in regard to this (and. That the General Assembly seems alive to tbe importance of education; that he was in favor of reconsidering the action of yesterday in regard to this resolution ; that tbe State is the proper custodian of the money, and that she could use it and be responsible therefor. Mr. Scoit stated that there were constitutional provisions, saying that certain taxes should be used for educational purposes. That members bad sworn to carry oat tbe provisions of the Constitution; that this money cannot be appropriated by resolution. Mr. Scott ask ed, how does the House know that there is need of money ? There had been no of ficial communication of the tact; that, he had beard a gentleman on the other side say that they would reconsider because they could not get their pay unless from this source. He ask ed why the appropriation bad not been made large enough at first; why take this lund to pay members tor doing nothing. Mr. Rice advocated the postponement of the consideration ol this resolution ; that there was need for mature deliberation; that now, at the very commencement of the session, without any information on such subjects, tbe Legislature is plunged into the money question; that they had been away two months, and now there are bat about two thousand dollars in tbe Treasury, aud he thought that it might be possible that those who bad been on committees favor the move. Air. Shumate interrupted Mr. Rice, and said that the assersion was false. Air. Rice replied that it was only a surmise on his part. Mr. Harper advocated the resolution as a fi nancial matter; that the government must be supported, whether by general or special tax.— He said that there is no sc&ook system, and that the money is laying up at a very small in terest. Air. O’Neal, oi Lowndes, said that this is an extraordinary Legislature, and tms is an extra ordinary resolution; that he bad stated at the organization of this Honse that it was not nnder the said Constitution and Code; that Georgia is in a provisional state, and that the Legislature operates only by permission of Congres and Gen.’’‘Ferry. Mr. Scott asked, if not nnder the Constitution and Code, under what authority this school fund was set aside ? Air. O’Neal replied that the fund has not been set aside. Air. Scott asked if there is Ho school fund whence the sense of tbe resolution. Air. O’Neal replied that the people and the Legislature had become accustomed to call this money, which should have been set aside, the 44 School Fund.” That the Constitution of Georgia is held in abeyance by Congress and General Terry, and that be had no idea that any of those powers wonld object -98 the action of this body in the premises. If this money la tak en, it will be charged that the Legislature took it as per diem. > Turner, colored, moved to amend by saying that “ we shall not be paid OOt ofjf.” Mr. O’Neal said that tbe whole matter sbonld be disposed of by the adjournment ot this body until Congress acts concerning Georgia. " Air. O’Neal read from the CouG&troller Gene ral’s report certain clauses showing that the fault of not separating the poll tax was that of the tax collectors. Air. Hooks called the previous question. U pon a call of the yeas and nays the«call was sus tained. On motion of Mr. Scroggins, Mr. U. B. Wil kinson was invited to take a seat on the floor. On motion oi Mr. Shumate, the resolution in regard to the school fund was referred to the Finance Committee. The following committees were appointed ; Committee on Journals.—Harrison, Perkins, Rainey, Holden, Sewell, Watkins,’ Paulk, Thomason, Harrison of Hancock, Davis, Gray, Fryer, Pepper, and Kytie. Committee on Enrollment—Carson, Rice, Belcher, Barnum, Rosser, Andersen, Anderson, Neai, Johnson, Holcombe, Osgood. Engrossing Committee —Zellers, Brown, Ben nett, Goodwin, Harkless, Hook r Hall ot Bul lock, Nesbet of Dade, Allen of Jasper, Rad- disb, O’Neal of Baldwin, Beard of Richmond. Finance Committee.—Hall of Alerriwetber, Chairman; Bell of Banks, McArthur, Page, Harrison, Higdon, Harper. Fowler, Cunning ham, Smith ot Charlton, Parks, Maxwell, Per kins, Rawls, Floyd, Sims, Gober, Hooks. Mr. Turner, colored, moved to adjourn until the 15th inst. Lost. Mr. Porter, colored, moved to adjourn until 12. AL, to-morrow. Lost. Mr. O’Neal of Baldwin moved to adjourn until 10, A. M., to-morrow, which motion pre vailed. FIFTH DAY’S PROCEEDINGS. Wednesday, July 13. SENATE. The Senate met pursuant to adjournment, and was called to order by the President. Prayer by Rev. Wesley Pretty man. Roll called and Journal ol yesterday read and approved. Mr. Speer.—Resolved, That as the Constitu tional Convention bad removed the capital to the city ot Atlanta, and the City Council of At lanta, having partially failed to carry out the contract in furnishing the necessary buildings for the accommodation of the Legislature and had not furnished the Governor with an execu tive mansion, which rendered it jjecessary tor him to draw largely on a deplete^Treasury in order to furnish a capitol and his residence in a style commensurate with his importance and dignity; and Whereas,. The Constitution had delegated the power of removal of the capital, when the exigency of tbe case required it; be it therefore Resolved, That this General Assembly adjourn to meet in Milledgeville on Monday, 18th inst. Mr. Wootten doubted that the allegations made in the resolution could be substantiated in regard to the contract on the part of Atlanta, and thought it at least due the city that the res olution be referred to a committee. Air. Candler thought it in too much haste; was in favor of referring it to a committee. Mr. Dnnning was opposed to wasting time on the subject; wanted it referred to a com mittee. Mr. Holcomb moved to lay the subject on the table. Carried. Mr. Wootten— Resolved, That the committee appointed by the Senate as a standing committee on the State Library be considered as a joint committee with that ot the House, to take charge of all affairs of the Library and make expenditures, disbursements, &c. Carried. Mr. Harris— Resolved, That as Congress will adjourn on the 15th inst., and it will be impossible to know the status of the State until Congressional ad journment, that a committee of three from the Senate and five from the Honae be appointed to call upon the Governor and Gen. Terry, ask their opinions, and after considering the whole matter, make a report to this General Assembly what would be the best coarse to be adopted in the premises. Air. Holcomb opposed the appointment ol the committee. Air. Nunnally thought that it was unnecessary to gain any opinion as to the right of this body to proceed with general legislation. Mr. Wootten opposed, as unnecessary, the adoption of this resolntion ; the Constitution ol tbe State was a sufficient chart to guide this body; he was satisfied with it; desired to know why Senators thought it was necessary to depart from the track traveled for ages; insisted on the right to proceed nnder the Constitution and the laws, with the needful legislation. Mr. Trawick moved to lay the resolution on the table. Carried. * Mr. Higbee desired the report of the commit tee appointed to investigate the charges against the Governor and Treasurer. Mr. Harris, from the committee, slated that owing to the difficulty of getting up evidence, and other matters, the committee was not ready tor a report Mr. Coleman stated that the Committee on the Western & Atlantic Railroad was ready to make their report on the arrival ot the Chair man. Mr. Speer moved a suspension of the Rules in order to take up bills. Carried. Mr. Campbell, colored, introduced a hill for the organization ot volunteer militia compa nies. Mr. Coleman introduced a hill to fix the time of holding the Courts in the Brunswick Cir cuit. Mr. Smith, of the 7th—A bill to loan the credit of the State to the South Geoigia and Florida Railroad. Mr. Higbee moved to adjourn till Monday next, at 12 AL Mr. Holcomb opposed the motion. On the vote being taken it was lost. Mr. Smith, of tbe 7th—A bill to incorporate the Thomasville Loan and Trust Company. Air. Welch—A bill to incorporate a banking company at Savannah, Ga., to be called the Georgia Banking Company, city of Savannah, Mr. Jones—A bill to change the county lines between the counties of Macon and Sumter. Mr. AlcArthur—A bill to change the third clause in Section 1969, Revised Code of Geor gia. Mr. HuDgerford—A bill to allow the Western & Atlantic Railroad to run their irains on Sun day. Air. Speer—A bill to regulate ihe rate ot inter est to be paid in this State. Also, a bill to incorporate the Planters’ Bank of Forsyth. Air. Nunnally—A bill to legalize the revision of tbe jury box of Pike county. Mr. Smith, ot 36th— A bill to authorize Eliza beth D. Rawlins to sell tbe property of James D. Rawlins, of Heard county. Mr. Morrill—A bill to amend an act, entitled an act, to incorporate the Sayannah, Griffin and North Alabama Railroad. Air. Wellborn—A bill repealing the act crea ting criminal courts in this State. On motion of Air. Speer tbe Senate then ad journed until to-morrow, 10 A. M. HOUSE. The Honse met pursuant to adjournment, and was called to order at 10, A. AL, by Speaker McWhorter. Prayer was ofiered by Rev. Air. Cloud. On motion ot Air. Davis, the calling of the roll was dispensed with. The Clerk read the Journal of yesterday’s proceedings. Mr. Armstrong offered a resolution tendering a seat on the floor to Rev. Dr. Wills. Adopted, Mr. Darnell moved to call np bis resolntion in regard to changing the rules for the govern ment ot the House. A motion to suspend the rules in order to take up bis resolution was lost. Mr. Belcher’s resolution to pay clerks em ployed in the Convention was iaken op and re ferred to the Finance Co mini tee. Air. Darnell’s resolution to change the 19th rule, was put before the House. Air. Anderson opposed the resolution because the House is well acquainted with Jefferson’s manual, and that the said manual is sufficient for all practical purposes. Air Darnell said that Cashing’s Manual is used by the Senate, and that both Houses should be governed by the same rules. Air. Darncu withdrew his resolution on changing the 19th Rule. Another motion was made by the same mem ber, adding a clause to tbe 18th Role allowing a motion to reconsider to be made Immediately. Mr. Shnmate said that he was opposed to in novations on established rates, unless then be s good reason therefor. He said that the would always be better prepared for erations on the following day. Mr. Tweedy agreed with the gentleman from Whitfield,and ottered a substitute which would not allow s man who has voted in the minority to move for a reconsideration. Mr. Duncan moved to lay the whole matter on tbe table. Adopted On motion ot Mr. Johnson, General Krzyz- nowski was tendered a seat on the floor ot the House. Air. Bethune moved for the appointment of a joint committee of five from the House and three from the Senate, to confer with the Gov ernor and General Terry, and decide what can be done in regard to legislation in the event that Congress takes no action on the Georgia ques tion. Mr. O’Neal, of Lowndes, ofiered an amend ment, saving that it is probable that Congress will adjourn, &c., which amendment was ac cepted. Mr. Lane said that be did not believe that the Governor and General Terry wonld advise on the question, two days before the adjourn ment ot Congress. Air. Bethune said that it becomes this body to prepare for work, and it Congress should act there would be no harm done by this resolution. Air. Anderson opposed the resolution on the ground that the House bad no authority to Leg islate without Congressional interierence; that General Terry had virtually so decided; that he was opposed to annoying tbe Governor and General Terry with this matter, and that if Con gress does act, the House will be informed of it. Air. O’Neal, ot Lowndes, moved to adjourn until Friday next. Air. Scott moved to amend by saying, that with the concurrence of the Senate, until Au gust. Mr. Darnell moved to lay Mr. Scott’s amend ment ou the table. Carried. Air. O’Neal’s motion to adjourn until Friday, 12 o’clock, M., was lost. Mr. Fitzpatrick moved to adjourn until 10 o’clock, A. M., to-morrow. Leaves ot absence were granted to Messrs. Price, Harper and Hamilton. Mr. Fitzpatrick’s resolution was taken up and carried. So the House stands adjourned uutil 10, A M, lo-morrow. SIXTH DAY’S PROCEEDINGS. Thursday, July 14,1870. SENATE. Senate met pursuant to adjournment, and was called to order by the President. Rev. Wesley Prettyman opened the proceed ings with prayer. Roll was called, and Jonrnal of yesterday read and approved. Mr. Merrill moved a reconsideration of the resolution making the committee appointed to take charge of the money appropriated for the Gse of the State Library, &c, to be considered as a joint committee. Mr. Wootten defended the utility of the present statue of the resolution as passed on yesterday, and moved to lay the motion to re consider on the table. Mr. Harris favored a reconsideration. Air. Smith, of 7th, favored a reconsideration. A motion to lay on the table was lost. Ou the vote being taken on the reconsidera tion it was carried. Air. Candler moved to refer the question to tbe Judiciary Committee. Mr. Dunning opposed the resolntion in Its present shape. Mr. Speer moved to lay the resolution on the table. Carried. Mr. Harris’ resolution, relative to the appoint ment of a committee to wait upon tbe Governor and General Commanding, was taken np and read. Air. Harris insisted on the passage of this resolution. Mr. Nnnnally thought this question settled yesterday; was opposed to its passage; there was no possible use or necessity tor it. Moved to lay it on the table. Carried. Mr Speer called for regular order of business. Air. Dickey, a hill entitled an act to amend an act to give State aid to the Dalton and Morgan- ton Railroad. Mr.- Wellborn—To reduce the per diem ot members from $9 to $6 per day; officers ot both Houses to $10 per day; also, a bill to amend section 2,974 Code of Georgia. Air. Merrill—A bill entitled an act to give ju risdiction to criminal county couris of this State; alro, a bill to extend State aid to the Savannah, Griffin and North Alabama Railroad; also, a bill to be entitled an act to charter a street rail road for the city ot Rome. Air. Smith, ot 36th— A bill to prevent railroads from running trains on Sunday. Air. Dunning—A bill to incorporate the Dollar Savings Bank of Atlanta. Mr. Richardson—A bill to change the streets and alleys of the town ot Dawsonville, Ga. Air. Speer—A bill to allow Robert W. Hol- linswortli, of the county of Bibb, to practice in tbe Courts ot this State ; also, a bill to incorporate the Bank of the Interior, located at Alacon, Ga. Air. Speer ofiered a resolntion that all bills hereafter introduced in General Assembly be read in tall at each reading. Mr. Candler read from the Constitution sbowing.it necessary for each bill to be read on three separate and distinct days, and insisted that tbe Constitution should be literally followed out; as one ot the greatest evils in this country was traceable to not carrying ont the law. Mr. Burns desired tbe withdrawal ot the res olution. Air. Speer withdrew the resolntion. Air. Contey—A bill to amend section 2,741 ot the Code ; also, a bill to be entitled an act to incorporate the Merchants’ Exchange Bank of Augusta; also, a bill to organize District Courts in this State. - Mr. Colman—A bill to authorize the Ordinary of Glynn county to raise lands to complete the court honse and jail of said county. Air. Wootten—A bill to incorporate the Southwestern Banking Company, ot Albany. On motion of Mi. Jones the Senate adjourned until regular hour to-morrow morning. HOUSE. The House met pursuant to adjournment and was called to order by Speaker McWhorter. Prayer was offered by the Rev. Mr. Felder. On motion of Mr. Darnell, the calling ol the Roll was dispensed with. The Journal ot yesterday’s proceedings waa read. Air. Hail, of Merriwether, moved to invite CoL Randolph Molt to a seat on the floor. Adopted. Mr. O’Neal, of Lowndes, moved for the adop tion ot Mr. BethnneTs resolution relative to tbe appointment of a committee to confer with the Governor, etc. Air. O’Neal, in support of bis motion, that from the telegrams this morning, it — doubtful whether or not Congress will take any definite action on the Georgia question : th(t ft jg proper to consult Gen. Terry as the Legisla ture mast act by his permission, and that he, Mr. O’Neal could see no reason why bills should not now be introduced. Air. Shnmate said that a resolntion ot this kind mast be concurred in by tbe Senate, end that the Senate had already gone into legisla tion. Air. Shnmate concluded big remarks by 1 moving to lay the resolntion on the table, which motion was carried. Mr. Fitzpatrick offered a bill allowing the fac- torViien to be enforced as mortgages on per sonal property; also, a bill to add an additional section to the Penal Code of this State; also, a bill to be entitled an act fixing compensation of the Clerk in making records in cases ol felonies tried in the coarts of thia State. Porter, colored, offered a bill to change the law requiring the payment of a poll tax to the city of Savannah a pre-requisite to voting ; also, a bill to organize a volunteer militia. Air. Anderson, of Cobb, offered a resolution inquiring into the State printing. Mr. Clegborn introduced a bill entitled an act to incorporate the North Georgia and Ten nessee Railroad Company. Pending the reading ot the militia bill, Mr. Shumate rose to a point of order, and skM’that as there is a law of Congress prohibiting the i iiilinipapMU llii militia, the present bill is in opportune, &c. The Speaker decided that the point was well taken, and Air. Porter, colored, withdrew the Mil. Mr. Porter also introduced a bill to levy and raise a tax for the year 1870. Mt. Simms, colored, introduced a bill entitled an act to amend an act tor the more efficient nervation of peace and good order on elec- m days in this State; also, a bill entitled an act prohibiting tbe sale and purchase of agricul- •oducli in the counties of Towns and Mr. Osgood introduced a bill entitled an act to incorporate the People’s Savings Bank and Trust Company. Mr. McDougall introduced a bill entitled an act to incorporate the North and south Uailroad Compivjr. Mr. Fowler introduced a bill to incorporate tbe Ringgold and Cooper’s Gap Railroad Com pany, and- to lend the aid of the State to the same. Mr. Lane, ot Brooks, introduced a bill for the appointment ot a joint committee to inquire whht legislation is necessary in reference to debts existing on the first day of June, 1865. Mr. Scroggins introduced a bill for the relief of Adillia Edmonson, of Coweta county. Mr. Davis introduced a bill to authorize the Intendent and Wardens of the town ot Albans to aid in the extension ol the Georgia Railroad to Rabun Gap. j Mr. Watkins introduced a resolution asking Congress ior general amnesty. Mr. Goodwin introduced a bill to incorporate the town of Euharlee, in the county ot Bar tow. Mr. Ford introduced a hill to authorize Nathan Chapman and W. D. Winborn to exhibit the slight of hand in the State free of charge; also, bill to incorporate the Lookout Mountain Railroad Company. Mr. Armstrong introduced a bill to alter and amend the third paragraph ot section 1,969 ol Irwin’B Code. Mr. Scott introduced a bill to authorize the Mayor and Council of Rome to subscribe not exceeding one hundred thousand dollars ot Stock; also, a bill to incorporate the Memphis Branch Railroad Company ; also, to lend the credit ot the State of Georgia to the same. Mr. Hall, of Glynn, introduced a bill requi ring the Treasurer to refund two hundred and thirty dollars tax overpaid by L. W. Hazelhurst Mr. Scott introduced a bill to incorporate the town ot Forrestvilie, in the county of Floyd. f Al! ot the bills introduced were read the first time.] Air. Bethune offered a resolution directing the Treasurer to pay to each member of the House two hundred dollars on account ot per diem and mileage, which resolution was adopted. Leaves of absence were granted to Alessrs. Gray, Cobb, Nesbitt, Allen of Jasp.er, and Seale. On motion of Mr. Harris, of Hancock, the House adjourned until 10 o’clock, A.M., to morrow. [Copy of Mr. Watkins’ resolution ou removal of disabilities:] Whereas, It is the chief object of every free government to confer upon ail its people the largest enjoyment of political liberty, and to im pose as lew restraints as possible upon those who live under the protection of the laws; and whereas, the nnhappy war that lately raged in onr midst has now ended, leaving the union ol these .States more firmly established than ever before, while perfect tranquillity exists through out the whole extent of onr country, affording an opportunity for the display ot a magnanimity as wise as it is noble on the part of those who control the government; and whereas, it is in consistent with the principles of our political system and the character ot onr people to ad minister tbe government upon the theory of re sentment; be it, Resolved by the Senate and House of Represen tatives, That in onr judgment tbe time has come for the restoration ot harmony in tbe relations of onr whole people to their government and to each other, and to exhibit to the world the spec tacle of a great republic free, powerlui and pros perous. 2. That as measures have been adopted to se cure throughout the country universal suffrage, there should accompany this policy universal amnesty. 3. That we earnestly desire to see the Con gress ot the United States adopt measures promptly for the removal of political disabilities ot the people of Georgia, and for the restoration to every citizen, without exception, the full en joyment of every privilege under our govern ment 4. That the Governor be, and he is hereby, requested to toward a copy of the foregoing pre amble and resolutions to the President and Vice President of the United States, and to the Speaker of the United StateaHouse of llcpresen- tatives. [continued on second page] States Rights as an Engine Against the Chinese. A bill has been introduced by Air. Mungen, in Congress, to provide for a joint commit tee to inquire into the danger threatening the country from Chinese immigration, and report the proper means lor guarding against it, or averting it, whether by legislation, or by limita tion of time of sojourn of the number of Chi nese arriving in tbe United States, or by per mitting each State to prohibit the residence of Chinese within its limits, or to place such re strictions thereupon as it may think proper, or by the total exclusion of Chinese from the States and territories, except as travelers and merchants. This permission of State Rights to interfere with Chinese immigration, or rather invocation to it, wonld never have been thought ot, but for the fact that they make better shoemakers than the Boston and Lowell men and make them cheaper. Special to the Rome Dai I y. A Carpet Bagger In Lhubo. Patona, Ada., July 11.—Yesterday about 5 o’clock, as tbe Selma, Rome and Dalton Rail road was approaching Cross Plains, Ala, a white boy and negro got into a fight, and when the train halted, the negroes on the tender jumped off and took a hand in the flight, when other white boys and men took part und the fight become general. At night a party consisting of a dozen of Wendell Phillips’ children created a sensa tion, and almost a panic, by shooting at. peraons returning from church. Only one lady waa slightly hurt. The citi zens assembled and shot lour negroes who re fused to surrender. Over one hundred negroes were at rested. A carpet-bagger named Luke, from Canada, who is teaching a negro school at this place, is under arrest as neing the leader ot the negroes in this murderous assault. Consid erable excitement daring tbe entire day. The white people are masters ot the situation, and will bold the negroes to a stru t accountability for their fossae lolly. Numbeis ,.f m u are arriving every hour, fully arm- I. A Siicnfl’* posse willleave this evening ou the tiain ior Rome to arrest the uegro r.ng leaders, who escaped. The authorities are determined to arrest every negro engaged in the riot and set tle the question of white supremacy at once. Crketman. Aw Important Legal Decision. Chief Jnstice Chase has decided that an ad ministrator who invested his trust funds in Con federate bonds most make a new settlement with the heira to the estate. The opinion is printed in tall in another part of this D&per. Quest.—Are onr coal merchants making ar rangements to meet the great demand which will be made for the article during the coming Winter T They shonld remember the difficulties of the last cold season, and take time by tbe forelock. AN IMPORTANT DECISION. An Administrator Who Invested in Con federate Bonds Ordered to Mike a Now Settlement, The following highly important decision was rendered by Chiet Justice Chase at the recent tern* of the Circuit Court of the United States at Richmond, Virginia: John Head, Adeline Head, (bora Starke.) and Chnrlotto E. Starke, vs. t zekiel 9. Talley, Admlnetrator ds bonis non ot John Starke, deceased. This is a snit in equity brought to enforce payment by the defendant to the plaintiffs of their distribute shares of the estate ot the de cedent, John Starke. The proof shows that the plaintiffs, Adeline Head and Charlotte R. Starke, were children, and the only surviving heirs ot John Starke, and that the defendant had in his bands as administrator on the 3tst ot January, I860, the sum of $7,249.88 belonging to the estate. It is claimed by the defendant that he subsequently disbursed considerable sums in payment of Just claims against the estate, by which the balance in his hands was so far reduced that on the 29th ot September, 1863, only the sum of five thou sand and odd dollars remained. The defendant states that the records and papers ot the Hanover County Court were des troyed by fire, and among them the records of the settlement by which this balance of about five thousand dollars was ascertained. It is agreed by counsel that tbe records in sun dry cases, in which certain decresa add orders were made affecting the balance in the hands of the plaintiff, were destroyed by the fire men tioned by the defendant; but there is no agree ment that the record ot the last settlement, on which he relies, was thns destroyed. It aDpears in proof that the deiendant, as ad ministrator, invested five thousand dollars in the loan ot the States then confederated in aimed hostility to the Uuited States, and re ceived from the officers ot the so-called Confed erate government a certificate lor that sum. It is net disputed on the pai t ot the defendant that there must be a decree tor an account, and that he is liable to the complainants tor whatev er balance may be found in his hands exceeding the five thousand dollars. The important questions in the case are two: 1. Was investment in the loan ot the Confed erate States one which a prudent person acting as trustee or administrator might make ? Aha, 2. Was the investment being actually made in a loan to a politico military organization formed for the purpose ot overthrowing the Union of the States under the national Constitu tion and establishing a new coufederation in a portion of those States, one which, under any circumstances, can be recognized in the courts of the United States as excusing the adminis trator lrom accounting tor the lands in hands to the parties otherwise entitled lawfully to re ceive them V Upon the first question little miy be said" It must indeed be regarded as already decided.— The court of the State authorized bv law to consider and sanction investments by adminis trators, sanctioned the loan under considera tion, and it is agreed that the most prudent and careful business men were in the constant habit ot making such investments. It would seem, therefore, to be unreasonable to call in question the good faith or prudence oi the administrator in the circumstances by which he was surround ed. If there had been no decision of the State Court approving the investment, we could not say that the administrator ought to be charged if the investment were lree from objection on other grounds. This makes it necessary to consider the second question. But we need not examine it at length, tor in the case of Bolts vs. Crenshaw, in this court, we held that the investment even of Con federate currency in Confederate bonds by an i attorney who bad collected a debt dne to a citi zen of Kentucky in the currency, under what were considered to be justifying circumstances did not absolve him from accounting for its val ue, although in that case, as in this, the invest ment had been sanctioned by a court whose de cision, but for the abnormal condition created by the rebellion, would have been conclusive. This case, we think, covers the present in principle. So in the case of Shortridge vs. Ma con the Circuit Coart of the United States, for the district of North Carolina, speaking through the presiding judge oi the court, held that com pulsory payment to a receiver under an order of a court ot the United States ot a debt due to a citizen ot Pennsylvania did not excuse the debt or from the duty of paying the same due to the original creditor. And we think that these decisions are sus tained by the reasoning of the Supreme Court iu tbe case of Texas vs. White, 7 Wall., 733. Nor is there anything in the case ol Thoring- ton vs. Smith, 8 Wall., 12, which conflicts with the case ot Botts vs. Crenshaw and Shortridge vs. Macon. In that case the Snpreme Court held that contracts stipulating for payment in Confederate currency *• cannot be regarded for that reason only ” as void; but iu this case there was something more than the mere use of a currency imposed on the community by irre sistible force. There was an actual advance of money to the Confederacy ltaejlf. There was an investment of trust funds, qnfitiy voluntary on the part of the administrate^fo a loan to the Confederate Government to aid it in its efforts dismember the Union and to overthrow the National Government. Whatever may have been the motive inducing such an investment, however it may have been warranted by example, or even by judicial authority, itself involved in the general rebel lion, it is impossible that it should receive the sanction ot a court of the United States. We must hold, therefore, the investment complained of to be inoperative as a discharge lrom responsibility to the complainant, and will so decree, ordering an account by the defend ant with the complainants, and payment of such a sum as may be found. The Threatened War fa Europe. Appearances indicate a war in Europe. France manifests the most positive determination to re sist the movement made to seat tbe Prince of Hohenzollern on the Spanish throne. Prussia, thus far, has been discreet, while the other pow ers manifest great excitement, and with Prussia, are making armed preparations for an anticipa ted war. The following account of the Prince, who is the cause oi all these warlike prepara tions, will be interesting to onr readers. We take it from the New York World: “ Tbe person who has been invited to the Spanish throne, and who, it is said, has accepted it, is Prince Leopold of Hohenzollern Sigma- riugen, now in bis 3oth year, and son of Prince Charles Anthony, head oi the honse, who has a long pedigree and a small principality, embrac ing only 400 square miles and a population of 75,000. Even of this little territory he is only titular head, having bad to abdicate iu the revolutionary dayB of 1848, since which time it has been an integral part ot the kingdom of Prussia, while he has been a de pendent of the royal bouse of Prussia, to which he is related. Tbe wife of Prince Charles, and mother of Leopold, is the Princess Josephine ot Baden, a daughter ol Stephanie de Beaubarnais, the adopted child of the first Napoleon and the aunt ol the reigning Emperor of the French. By this lady Prince Cbaries Anthony has had several children. Ilia second son, Charles, bom in 1839, was elected Prince ot Roomania in 1866, and now rules that inchoate nation as well as circumstances will permit. His eldest son, Leopold, born in 1835, married the Princess Antonia of Portugal, a younger sister of tbe reigntag Portugese sovereign, Don Luis. Be sides the advantage ot being related to both the Prussian aud French ruler, and befog brother-in-law ol the King of Portugal, which would naturally make him not unwelcome to the parlizans of a union ot Portugal and Spain, he is said to be a'Catholic of a Protestant family, a medley of qualities which might, under other circumstances, m ike him agreeable to all par ties.” The marriage oi Miss Blanche Butler (daugh ter oi General Butler) to General Ames, will take place July 21, at St Anne’s Church (Epis copal) Lowell. The festivities will occupy four days, culminating with the ceremony, and will consist of a grand ball, illuminations by tbe neighbors, etc. The bridesmaids are to be Miss Hildreth, cousin of Blanche; Miss Nesmith, daughter of the late Lieutenant Governor John Nesmith; Miss Fanny Talbot, daughterotC. P. Talbot, Esq , and Miss Chandler, daughter of Senator Chandler, of Michigan,—Jfew York Standard,

Georgia Historic Newspapers

Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, July 20, 1870, Image 1