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J { I ‘ERROR CEASES TO BE DANGEROUS WHEN REASON 18 LEFT FREE TO COMBAT IT.”Jefferson. VOLUME XXII ATLANTA, GA., WEDNESDAY, SEPTEMBER 21. 1870. NUMBER 38 lllffkli) JtrtriHgctfq: nmUMIKU DAILY ANI» WEEKLY BY JARED IRWIN WHITAKER, rr» |>ri « tor. . ATLANTA,GEORGIA, Wortnitsday, Soptombor 21, 1870. u I OI«. I \ LEGIMLATURT. l’n-TT-HEUOND BAY’S I'ROCKEDINUS. Tuesday, September 13, 1870. SENATE. The Senate met at the usual bntir, pursuant to adjournment, and was failed to order by President Conley. Prayer by Rev, Wesley Prettjrnan. The Roll was failed, aud the Journal of yes terday read and approved. The House resolution that a joint committee of three from the Senate and five from the House lie appointed to look into all hills relating to wild lands, was, mi motion of Mr. Iiungeriord, concurred in. The House resolution that a joint committee of two liom the Senate and three Irom the House be appointed to sec the owner ol the lot adjoining the Capitol building and learn lor what amount the same can be purchased, was on motion ol Mr. Wellborn tabled. Mr. Normally gave notice of a motion to re- rrinsider to-morrow. Mr. Wellborn introduced a bill to legalize the adjournment ol the Superior Court ol Lumpkin county, which was read the first time. The special order ol the day being the bill to limit the use ol Slate bonds i Hired lor the bene fit ol Railroad companies, was then taken up. Mr. Wellborn moved to take up the bill by sections. Carried. The sections were severally taken up and considered. The bill provides that no railroad bonds, whether payable in gold or currency, endotaed by this State, shall tre disposed ot in any way, lor less than ninety cents in the dollar; and itpou the alii l ivil ol any cilizcu that any com pany is making such misuse ot its bonds, it may la: restrained, uiid said bonds declared void. The first and second sections were passed. Mr. Wellborn moved to amend by striking out that clause of the third section which per* mils any citizen on making affidavit ot such misuse of its bonds by any railroad company ti> become a party in the proceeding, to restrain such company. Mr. Harris moved to extend the time in order to dispose ol this bill. Carried. The legal tlicet of the remedy allowed against railroads violating this net was ably and thor oughly discussed by Messrs. Nunnally, Hinton, Candier, and Woollen. Mr. Nunnally ottered an amendment pro viding that such complainant shall give bond to the officer before whom the affidavit is made, conditioned to pay all damages which’may accrue. The last amendment was submitted with the following result—yens 13; nays 14. Lost. The amendment of Mr. Wellborn was put and lost. 'The original section was passed. The main question was put on the bill which was passed. Rills were read the first time. Mr. Handler—A bill to extend, continue and enlarge the banking privileges allowed to the Georgia Railroad and Ranking Company. Mr. 'Tray wit k—A bill to incorporate the town of Hawkinsville, in Pulaski county. Mr. Hinton—A bill to authorize the Mayor and Council of the city ol Columbus to lay ott the commons iutolots aud sell the same. Mr. Candler—A bill to lucorpoialo the East Point Jug Factory Company. I louse hills were read the first limo. t )u motion the Senate then adjourned. HOUSE. The House met at the appointed hour and was called to order by the Uou. Mr. Tweedy, Speaker pro tem. I’rayer by Rev. Mr. Smith. Tlio Journal ot yesterday's proceedings was read. Mr. Darnell moved to reconsider the action ol this House on yesterday, in so far aa it relates to the loss ot a bill to change the State law for the collection ol taxes iu so far as they relate to Talbot county. Mr. Darnell stated that the bill wan introduced by Mr. Bcthune, and that the object in making this motion was to reinstate the bill ou the cal endar so that Mr. Belhituc might be present When it comes up for final action, 'The motion to reconsider prevailed. Several ol the Standing Committees submit ted reports. Mr. llawlesollf.ed a resolution sealing Messrs. Wilcox ami Smith, ot lrwtu aud Telfair coun ties. Air. Darnell made the point of order that the resolution was not. privihged and could not be entertained without a suspension of the rules. The point was ruled as not well tnken. Mr. Johnson, ol Tow us, made the point ol order that this question having been ouce determined could not again be entertained. 'This point was ruled as well taken, from which ruling Air. Rawles appealed, and re marked that when the Speaker ruled that the (louse could not reconsider an appeal from the tilling ot the Chair. He said that he would con- miIi the authorities on the subject, and if he louud that bis ruling was incorrect that he would allow the question to come up again. Mr. Rawles read a letter lrom Mr. Mell, of Athens, addressed to Speaker McWhorter, in which Mr. Mell eays that an appeal can be re considered, etc. Air. Shumate called the previous question on the appeal. The Speaker pro tem. remarked that if these gentlemen are seated and the House goes lie hind the proclamation ot General Meade, its actiou would lie revolutionary. The call tor the pre vious question was sustained. On the main question, Mr. Osgood required the yeas aud nays. There were 41 votes in favor ot sustain ing the Chair, and 49 votes in favor ol overrul ing the decision. Air. Simms made the point that Mr.Cobb had paired ott with Air. Harrison, of Hancock. Mr. Cobb stated that he had paired oft on the Savannah question. Air. Goodwin said (hat as there appeared to in- some contusion in this matter, he moved to make the vote against the ruling ol the chair Unanimous. Air. Darnell asked what tfleet this actiou vvould have on the memln rs trorn Houston. f Air. Rawles called the previous question on ahe adoption of the resolution, which call was sustained. \ Atr. Johnson, of Towns, moved to indefinite ly postpoue the resolution, which motioned the Speaker ruled could not be entertained. > Air. Simms made the point that Mr. Rawles •was not iu his seat wheu he called the previous Question, which point was not entertained. \ The main question vras put. \ Mr. Lee called tor the yeas and nays, which pall was not sustained, on a division of the vote phout one halt ot the Republican members left the hall. A call of the roll showed but 71 answered to their names, which the Speaker said was not a quorum. Mr. Anderson said that it was unbecoming the representative* of the people to halt when ever a question conus up which a part of them ppposed, and that he left ashamed of the course pursued. .Air, Lee moved to make lliis resolution the fpeeial ■ i. l*-r tor Friday next. This motion the cpeuki r ruled could uot lie entertained. /Mr. Shumate ottered the iollowiug resolution: It*solved. That this House do now adjourn sine did,aud the Governor lie informed that it is necessary to dissolve the Qeu< ral Assembly, in as much as there is a sufficient number of dis atteeted members in the House to defeat all leg islation. j This r< solution was not entertained in the ab sence ol a quorum. , Mr. Tinner < tiered a resolution providing that hereafter i lie previous question should not be Call'd until at hast lour members had had an opportunity to :prak. This r< solution met the same disposition as Sir. Shumate's. Air. Tiice s|* ke at come length, urging the justice ol sl owing 'Telfair and Irwin euuuties representation, and he appealed to the House ic act c ire urns peel ly in this matter, Icy giving press (ouniies representation has uo political Significance. Mr. Shumate rose to a personal explanation, and remaiked that it there was any preconcerted action concerning this resolution that he was not aware of it, and that he had called the previous question to cut ott what he thought would be useless discussion, as the matter had been discussed before on several occasions. On motion the House adjourned until 3, F. M. . HOUSE-AFTERNOON SESSION. The House met at the appointed hour. On motion of Mr. Duncan, of Houston, the rules were suspended lor the purpose ol read ing bills the second time. Mr. Pilzpatrick, raised the point of order that there was no quorum present, but agreed not to demand a call of the Ro’.l it the House would agree to do nothing but read bills.— This was agreed to anil a Dumber ol hills were read the second time aDd referred to appropri ate committees. A motion was made after an hour and a half’s session to adjourn until 10 A. M , to morrow, which prevailed. FIFTY THIRD DAY'S PROCEEDINGS Wednesday, September 14,1870. SENATE. The Senate met pursuant to adjournment, aud was called to order by the 1'resident. Prayer by Rev. Wesley Pretty man. The Roll was called, and the Journal of last day read and approved. Mr. Welch ottered a resolution that the school bill be made the special order immediately alter the motion to reconsider, ot which notice was given on yesterday. Adopted. Mr. Merrcll introduced a resolution that here after no leave of absence shall be granted to any memtier except on account of sickness or of a member of some committee, unless by a two-thirds recorded vote, and the Secretary is directed to keep a list of all such members as are absent without leave, and to report, the same to the Auditing Committee who shall make cor responding deductions on the payment of their per diem and mileage, and supported it with a few remarks. Bradley opposed a suspension of the rules to take np the resolution. He considered that the Legislature had lar exceeded the lorty days al lowed by the Constitution and had best get along as easily as possible. Mr. Speer likewise opposed a suspension, and thought it would not effect its purpose. He be lieved the public would know and mark those who are not faith lul to their post. The Senate refused to suspend the rules to take up the resolution. Mr. Nunnally moved to reconsider the action of the Senate on yesterday in the passage of the bill to limit the use of bonds endorsed by tire Slate granted to railroad companies. He op posed the third section of that bill, which pro vides that on the fifing of an affidavit by any citizen that any raiiroad company is making such misuse of its bonds it may be restrained and the bonds declared void, and thought it a great wrong that any citizen merely on suspi cion of a violation ot the act, should be able to stop the business of any railroad company with out being marie liable in damages. Mr. Burns claimed that the affidavit would not operate iu the manner supposed, but that an injunction would be granted only for cause shown. He believed the bill would prevent a great numlier of schemes requiring State aid, and would prove the salvation of the State’s credit. Mr. Wootten also opposed reconsideration. He saw in the bill a ray of promise for the credit of the State, aud a check to financial legislation, which had itcen denominated reckless. Mr. Merrell moved to luy the motion to re- cousitlcr on the table. The yeas and nays were demanded on the motiou, and resulted—yeas, 10; nays, 14. Car ried. Air. Hungerford, Chairman ol the committee ap|x>ii,ied to investigate the charges against Charles Patterson, Porter of the Senate, report ed that the committee found the charges sus tained. Not acted on. The following bills were read the first time : By Mr. Speer—A bill to incorporate the Georgia Magnetic Telegraph Comoaay ; also, a hill to protect the business ot the Western & Atlantic Railroad, authorized the Superintend ent to lease the Rome Railroad. By Mr. Sherman—A bill to incorporate the Georgia Banking Company. By Mr. Smith, of ih«- 30th—A bill to incorpo rate the Palmetto Maiutiacltiriug Company. By Mr. Merrell—A bill to authorize the lease of tire Western <fc Atlantic Railroad and for other purposes. (For $25,000 iu gold per month ) By Mr. Wellborn—A hill to allow C. W. Her- liugtou to peddle without license. Mr. Wellborn ottered a resolution that the joint committee appointed to fix a time for ad journment be requested to report as early as practicable. Adopted. By Air. Candler—A bill to prevent the abate ment of actions in cases ol lore. I ) House bills were then read the first time. Air. Henry then ottered a resolution authori zing the Governor to reimburse A. I. Leet and J. 1’. Blackwell, ol Catoosa county, securities in the sum ol $41,658, paid on the mail contract of the Western & Atlantic Railroad. Referred to Finance Committee. By Air. Speer — A bill to prevent all persons in this State, without regard to race or color, to contract marriage, where either of the parlies have minor children. By Air. llolcomb—A bill to create a Board of Commissioners ol Road and Revenue in the county of Milton. The hill to establish a commou school sys tem aud to provide a bind tor the same, being the special order was theu taken up Air. Holcomb mnv< d to lav the bill on the ta ble lor the prt* i]{. and intake up instead the House bill “ to establish a system of public in struction.” The Committee on Education, to whom these hills were referred, reported a substitute for both, which report was not agreed to. The motion ot Mr. Holcomb prevailed. On motion, the lime was extended alter one o’clock lor the purpose ot reading bills. Air. Nunnally moved to take np the bill by sect ions. Pending consideration ot the several sections, the hour of one having arrived, bills were read the second time. Air. Hungerford—A bill to incorporate the Georgia State Railway Company, which was read the first time. On motion the Senate then adjourned. HOUSE. The House met at the appointed hour and was called to order by Mr Tweedy, Speaker pro tem. Prayer liy Rev. Air Crumby. The Roll wis called and a quorum present. The Journal ot yesterday’s proceedings was read. Mr. Bell offered a resolution that this House proceed to lead bills the third time. A motion to suspend the rules to take up the resolution was lost. Air. Higdon ottered a resolution imposing *a fine ot eighteen dollars on members absent with out leave. Mr. Fitzpatrick moved to amend by deduct ing the per diem of absentees without leave. Air. Osgood moved to add the words “ with out a good excuse.” Mr. Higdon accepted Mr. Osgood’s amend ment. Mr. Rice hoped that Air. Higdon would call the previous question on his resolution without amendment. Air. Shumate moved to amend by adding the words "the excuse to be judged of by the Bouse " Al r. Turner asked if the resolution whs in tended tn embrace members out ot then aoms temporarily. Mr Fitzpatiit k said that his amendment did intend to embrace such eases. Air. JoiutSMU, ot Spalding, moved to lay the resolution, with amendments, on the table.— Lost. Mr. Phillips moved to amend by saying that this resolution shall apply only to future ab sence. Mr. Harrison, of Hancock, moved to extend the resolution so that it should include absen tees daring the whole session. The previous question on the resolution with Air. Osgood’s amendment, was called and sus tained. On the main question the yeas and nays were called for with the following result—Yeas 88-; mays 15. So the resolution was adopted. Mr. Johnson, of Spalding, ottered a resolution to pay T. AL Blodgett for services as page.— Adopted. On. motion of Mr. Davis, Thomas Crawford, Esq , of Athens, was invited to a seat on this floor. Several of the standing committees submitted reports. Air. Lee moved to suspend the rules to read bills the third time On this motion the yeas and nays were called and the motion was lost. The Speaker pro tem. informed the House that the unfinished business of yesterday, to- wit : Air. Rawls’ resolution to seat Messrs. Wilcox, and Smith from the counties of Teifair and Ir win, on which resolution the previous question had’been called and sustained. Alessrs. Johnson, of Spalding, and Clower asked that the previous question be withdrawn, Air. Rawls declined to withdraw the call, bat said that he would vote to seat members simi larly situated to those from Telfair and Irwin. No matter what their color or politics. The. main question on the adoption of the resolution to seat Alessrs. Wilcox and Smith was put before the House. The yeas and nays were required with the fol lowing result.- yeas, 57; nays, 49, so the reso lution was adopted. Mr. Clower gave notice that he would move (or a reconsideration. Air. Bryant said that he voted to seat these members because he bclived these counties should be represented. Air. Johnson, of Spalding, said that he was in favor of seating these men; but would vote against the resolution because the other side had attempted to force the matter through before it was fully ventilated. * Air. Price offered a resolution to seat Samuel Ware, of Aladison, AL Clower, ot Monroe, J. V. Heard, of Aliller, and W. B. Butts, ot Marion, Air. Atkins called the previous question, which call was not sustained. Air. Bryant remarked that there is still im portant business before this Legislature, and he argued that it is wrong to deprive counties of representation, and that he would regret to see such a precedent established. Air. Johnson, of Towns, moved to refer the resolution to the Committee on Privileges and Elections. Lost. Mr. Turner said that he would like to see all applications lor seats reterred to Privileges and Elections, lor Republicanism is dead in this | House, aud be believes in the State, tor the next Jilteeu or twenty years. Mr. Turner moved to refer all applications of all persons claiming seats, and of all persons contesting seats, be referred to the Committee on Privileges and Elections. Air. Bryant made the point of order that this motion had already been put and defeated. This point was ruled as well taken. Mr. Price remarked that be has been con vinced since the commencement ot the session that these counties without representation have been legally entitled to have their members, elected lawfally, seated, and that he has not been able to find any political impediment to seating these members; that the members from Houston were named in General Meade's procla mation, and were passed upon by the military. Air. Price read from the recent acts of Con-. gress, and argued that these members are entitled to their seats under those acts. Air. Fitzpatrick ottered a joint resolution to adjourn sine die. On motion of Mr. Hall, of Merriwether, this resolution was laid on the la ole. Mr. Reid ottered an amendment to Mr. Price’s resolution. Mr. Osgood called the previous question on the original resolution, which call was sustained. Ou the motion to adopt, the yeas and nays were called with the iollowiug result—Yeas 52 ; Nays 23. Bo the resolution was declared adopted. Air. Fitzpatrick made the point of order that no quorum voted on the resolution. \ The Speaker ruled that there was a quorum preseut, and it did not matter whether all the members voted or not. Leaves ot absence were granted to Messrs. Fowler, Brewster, Atkins, Perkins, of Dawson ; Tumliu, Golding. Ford, Hall, ot Glynn, and Goodwin. • ~ On motion, the House adjourned until 3 o’clock, P. M. HOUSE -AFTERNOON SESSION. The House met at the appointed hour. Mr. Fitzpatrick requested a call ol the Roll, 69 members answered to their names, and the Speaker pro tem. announced that there was not a quorum present. Mr. Higdon moved that the names of absen tees be furnished to the Treasurer so that the fiue ot $18 could be deducted, A number ot members came in and rendered various excuses for their absence, some ol which were received and ojhers rejected. Air. Shumate ottered a resolution to adjourn sine die on account of the tuibulent members, who defeat all legislation. Air. Lee made the point of order that this not being a joint resolution could not be entertained. This point was ruled as well taken. From this ruling Mr. Shumate appealed, aud remarked that a tew turbulent men were in the House, who have no other, aim than to defeat the coarse ot business. Air. Turner remarked that those men who are turbulent, should lie forced to act in an orderly manner, aud that the whole difficulty is that the House attempts to do too much. Air. Shumate’s appeal was put before the House. Mr. Hooks called for the yeas and nays, which was not sustained. On a division of the vote the Speaker’s ruling was sustained. Mr. Hamilton, Chairman of the Committee on Corporations, submitted a report; also, Mr. Erwin, Chairman of the Committee on Banks, and Mr. Price, Chairman of the Judiciary Com mittee. On motion of Mr. Hall, ot Glynn, the rules were suspended and a number of railroad bills were read the second time. A message from the Governor was received transmitting information in relation to lands do nated to this State by act of Congress lor the support ot colleges and schools, devoted to the encouragement of Agriculture and the Alechanic Arts. Air. Gaskill, who had been sent on to Wash ington ior the purpose of ascertaining, reports that this State cannot get her quota until her Representatives and. Senators have been admit ted into Congress. Air. Seale ottered a resolution providing that if any member of this House shall hereafter act in a turbulent manner, and shall refuse to take his seat when requested to do so by tire Speaker, that he shell be arraigned before the House and may be expelled by a two-thirds vote. This resolution was adopted. Mr. Turner ottered a resolution that hereafter, the sessions ol this House shall be from 10 A. M. to 1 P. AL, aud from 8 to 10 P. M. This resolution was adopted. The following bills were read the first time: Mr. Cleghom—A bill to authorize the Ordi nary of Chattooga county to issue bonds to construct a wagon road across Lookout Moun tain. Mr. Haren—A bill to define a horseman’s pistol; also, a bill to prohibit the wearing of false laces, &c. Mr. Shumate—A bill to amend the laws rela ting to tenants. Air. Scott—A bill to repeal the act repealing the act to educate indigent maimed soldiers. The bill to authorize the Mayor and Council to establish a system of common schools for the city ot Atlanta, was passed. On motion, the House adjourned until 10, A. M, to-morrow. F7FTY FOURTH DAY S PROCEEDINGS. Thursday, September 15,1870. SENATE. The Senate met al 10 o’clock, A. M, pursu ant to adjournment, and was called to order by President Conley. Prayer by Rev. Wesley Prettyman. The Boll was called, and the Journal of yes terday read and approved. The bill to provide* sytem of public instruc tion was taken up, as the unfinished business of yesterday, and the consideration of the several sections resumed. Air. Candler opposed the 5th section, which provides that the Board ol Commiaaioners appointed for the State shall prescribe the text books to he used throughout the State; he thought the selection ot text books ahould be vested in the boards ot the several counties, in order to avoid (rand. Mr. Harris thought that the beseffi and economy of undone text books, would out- weigh the possibility of frand. _ , 4 . Air. Higbee moved to amend by changing the word “ prescribe ” into “ recommend,” so that the county boards might depart from such recommendation, if they deemed best, and thereby avoid the difficulties of either method. Air. Dunning favored the amendment, but hoped the bill would not be loaded with amend ments, as the session draws near its'cluse, and the measure ought to be disposed oL Bradley preferred the section as it stands and discussed the disadvantage* <>t imparting differ ent instruction in the several eoiiutic?.- Air. Trawick likewise hn|*cd tfie ace ion would pass as it stood. Air. Holcomb thought thatthe county boards, as more nearly associated with the people, would best understand their wants, and that with every change of the State board would perhaps be a change of the text books causing much greater expeD.se than if the privifi evs of selection is vested iu the counties. Mr. Wellliorn believed the passage of the section would be a public calamity, and that certain text books ought not to be torced upon the people against their wishes. Mr. Wooten thought the State Board would be better qualified to select book9, less liable to the munipulation of book speculators ..and lesa likely to be elected on accouut of political opinion. Mr. Hinton opposed the section. The question was put ou the motion to strike out the section and stood: Yeas—Messrs. Brock, Bruton, Burns, Candler, Dickey, Fain, Hinton, Holcomb, Stringer and Wellborn—10. Nays—Alessrs. Bradley, Bowers, Crayton, Dunning, Griffin ot 6th, Harris, Henderson, Henry, Higbee, Jordan, Mathews, Merrell, Nun- nally, Richardson, Sherman, Smith of 7th, Smith of 36th, Speer, Trawick, Welch, Wool- ten—21. The amendmeut ot Mr. Higbee was test yeas, 11; nays, 18. Air. Biuton ottered an amendment provided the books published by publishers of this State shall be pteferred to any others. Lost by Yeas—Messrs. Bruton, Burns, Candler, Fain, Hinton, Holcombe, Jordan, Nunnally, Trawick, Wellborn and Wootten—12. Nays—Alessrs. Bradley, Bowers, Crayton, Dickey, Dunning, Griffiu ot 6th, Harris, Hen derson, Henry, Higbee, Merrell, Richardson, Sherman, Smith of 7th, Smith of 36th, Speer, Stringer and Welch—19. Air. Nunnally moved that no Senator be allowed to speak on any one sectiou ot the bill longer than five minutes. Carried. £ The sections ot the bill were then severally considered and disposed of. Mr. Harris moved to strike out from the 16th section, which provides for the time of electing the county boards, the words, “ the first board shall be elected on the 8th day ot November, 1870.” Lost—yeas 14 ; nays 15. The hour of one having arrived, the Senate adjourned till 10 A. M., to-morrow. HOUSE. The House met at the usual hour, the Speak er pro tem. in the chair. Prayer by the Rev. Mr. Crumley. &Roll was called and a quorum present. Tbe Journal of last day’s proceedings was read. Mr. Saulter moved to reconsider so much of tbe proceedings of this House on yesterday as relate to the passage of a resolution imposing a fine of $ 18 on each member absent without leave; he said that be is in favor ot prompt attendance, but that, the construction now put upon the res olution winks injustice to members ; tor during a five horns’ session, a member may attend four hours and forty-five minutes, and he fined $18 for a 15 minutes absence. Mr. Higdou hoped that the motion to recon sider would not prevail, for there were more members present this morning than ifir a con siderable time previous. The motion to reconsider was put before the House and lost. Mr. Darnell moved to reconsider the action of tiiis House on yesterday, in seating Air. Cipwer, of Monroe, and Alt. Heard, pt Aliller, these being inelligible. Mr. Scott made the point of order that the res olution to seat the gentlemen iu question was a privileged resolution and could uot be reconsid ered. The Speaker ruled that the point was not well taken. From which ruling Mr. Turn!in appealed. Mr. Scott remarked that when certain minor ity candidates were seated he had moved to re consider and was ruled out of order by Speaker McWhorter, and that all he desired was that the rulings ot the House should have something like uniformity. Mr. Goodwin remarked that he believed Air. Scott waa correct, and that he would not vote to sustain the present ruling, and that he desired to let this question rest where it is. Mr. Tumlin’s appeal was puL before the House and the ruling reversed. Air. Rice hoped that the regular order of busi ness would he resumed. On motion of Mr. Darnell the absentees yes terday were excused, as the resolution was not intended to go into effect unto to-day. A message Irom the Governor was received, saying that he has approved aud signed the fol lowing acts, to-wit: An act to amend an act to incorporate the Cherokee Wesleyan Institute, etc ; also, an act to authorize the issue ot bonds of this State whereby to redeem all hoods and the coupons thereon, now due or failing due, and for other purposes therein mentioned. Simms, of Chatham, moved to suspend tbe rules to take up the Savannah bill, which mo tion prevailed Air. Price said that the action of the House in Beating members from Teifair and Irwin counties, was not similar to its action on the Sa vannah bill, the latter having been once acted on during this session, cannot be constitution ally entertained again. The Speaker ruled that the bill was already belore the House, and that tbe gentleman’s ob jection came too late. Simms, of Chatham, spoke at some length, and argued that the passage of this bill was necessary to a free and fair election. Mr. Lee, ot Newton, ottered a substitute for tbe Senate Savannah bill, Mr. Turner remarked that a more reasonable appeal had never been made to any Legislative body than the one made by the people ot Sa vannah—that it was impossible for six thousand voters to vote peaceably at one poll, and that iu no other place ’had so large a number, been forced to do so. Mr. Bryant hoped that the motion to indefi nitely postpone would not prevail, but that the substitute should be adopted, which substitute abolishes the poll tax and increases the number of voting places. A resolution of the City Council ot Savannah, establishing six election boxes, was read. Mr. Shnmate said that he had ottered a com promise abolishing the one dollar poll tax, giviug six election boxes, opening the registration lists, and holding the polls open two days—all of which was rejected; but that what is really desired by the friends ot this bill is that the law be so fixed that voters can be brought into tbe city from without her limits; that all the authorities oi Savannah say there is no danger of bloodshed horn the present system, but that the election Will be fair. Mr. Shumate called the previous question on the motion to postpone indefinitely. The call was sustained. On the main question tbe yess aud nays were called for with tbe following result—yeas 52 ; nays 65. So the motion to indefinitely postpone was lost. Mr. Shumate ottered a substitute for the bill. Mr. Fitzpatrick called the previous question on Mr. Lee's substitute. Mr. Tumlin called it od Mr. Shomate’= sub stitute. Mr. Scott made the point ot order that Mr. Lee’s substitute was only read tor inhumation, and was not before the House. Messrs. B. W. Bruton, Frank Massey, Rev. Mr. Epps, were invited to seats on this floor. Leaves of absence woe granted to Messrs. Felder, Strickland, McCormick and Porter. Pending action on Air. Scott’s paint of order the hour of adjournment arrived and the House was declared adjourned until 8 P. M. HOUSE-JSIGHT SESSION. House met at 8 o’clock, P. AL Mr. Lastinger ottered a resolution that in the future this House shall hold two sessions daily, to-wit; from 9, A. AL, to 1, P. AL, and from 3, P. 1L, to 5, P. AL Mr. Tornipaeed offered a resolution as a sub stitute for Jar. Lastinger’s resolution, providing that these shall hereafter be hut one session per day, from 9. A. M., to U, P. M. sir. Page moved to amend Mr. Turnipaeed’s two instead of half- nsolutiox ! *\ « r, i past Oue u'tl.ifk. Mr. TurnipeeeJ accepted the amendment,, and bis resolution was adopted. Mr. Harper, of Terrell, moved to adjourn until 9, A. M., to-morrow. Lost. Tbe unfinished business of the morning ses sion. to-wit: the “ Savannah bill,” was resumed. The Speaker, pro tem., stated that the pre vious question had been called on the substitute ottered by Mr. Shumate. At the request of Mr. Lane, the said substi tute was read for information. Mr. Simms rose to a question of privilege and stated that this substitute has been altered since it was introduced in tbe morning. The Speaker, pro tem., stated that the resolu tiou had not been changed. Tbe caff lor the previous question was sus tained. On the motion to adopt, the yeas and nays were demanded, with the following result—yeas 59, nays 39. So the substitute ottered by Mr. Shumate was adopted [This substitute provides for six ballot boxes at tbe Court House, each box to be presided over by one Justice of the Peace and two free holders-all these Justices and freeholders to consolidate the vote in the presence of. wit nesses—the poll tax ot one dollar to be abolished and one dollar to be pAid to the Clerk ot Council in lien thereof. The time of residence of voters to be six months iu the State aud three in the city.] The bill to cairy into effect the true intent of tbe 3d paragraph of the 3d section, 5th article Constitution of Georgia, relating to filing de fense in civit cases formed in the contract, was read the third time. Mr. Scott opposed the adoption of tbe bill ex cept the section allowing attorneys to file pleas, etc. He argued that the other sections were in tended to defraud plaintiffs by allowing defend ants to file frivolous pleas. Messrs. Harper, of Terrell, and Anderson ad vocated the bill. The previous question on the passage of the bill was'called and sustained. The main question was put and the bill waa passed. Mr.. Lane moved to take up a bill to extend the hen ot set ott and recompment as against debts contracted prior to June 1st, 1865, and to deny the aid ot the courts to the said debts un til the taxes thereon have been paid, and have two hundred copies of tbe said bill printed, and the same set down as a special order for Wed nesday next. On this motion the veas and nays were de manded with the following result—yeae, 36; nays, 51. The bill was then read a third time. Mr. Hall, ot Merriwether, stated that the bill to extend additional aid to the Macou & Bruns wick Railroad had been before the Finance Committee, and was about to be reported on adversely—its triends promised to withdraw it if no report was made, and now they have had it referred to another committee. Pending Mr. Harper’s argument on tbe relief bill the Rouse adjourned until 9 A. Al, to-mor row. belter from Judge Linton Stephens. Ceawfordsvitxe, Ga, Sept. 12,1870. Editor Constitution, Atlanta, Ga.: Dear Sir—After seeing what you and others have said, through the press, in relation to my letter, accepting the chairmanship of the Demo cratic Executive Committee of this State, I ask a place in your columns ior a final summary ot what I have to say on that subject. It is very clear that the resolution which pur ported to come from tbe Kx in’ive Committee, recommending that so called ‘ ineligible” men shall not be presented as candidates either for Congress or the State Legislature, was not the act ot that committee, and is not entitled to any official character. Under the resolution of the convention, providing tor the formation of an Executive Committee, tbe committee is to consist of fifteen members, fourteen appointed by the President’of thecouveuiion, »n i the fifteenth to be added by the election and acceptance of a chairman, outside oi the fourteen. Until the requisite number oi fifteen is completed by the addition of ao outside chairman, there is no “committee ” to do business. Before that com pletion of the requisite number, tbe only act which can be done by a quorum ol the fourteen, or by the whole fourteen, is the election of the necessary additional member. This statement is too plain to need illustration or argument, and I leave it to stand on its own clearness and impregnable strength. Your cor respondent, iu your issue of the 10th instant, finds inconsistencies in my position, only m his own misstatements of it. I cannot waste further space on this branch of his criticisms, for they are not pt the slightest real importance. They are fully answered by a careful reading of my 1.1 h r. lit answer, however, to another criticism of that eoiTrspomleot, I have to say, that it “many have lak u s. rimia i-ftense,” ami a “ great ma ny ” Lave lelt “profound pain,” the “offense” and the “ pain ” do not lie al my door. The whole responsibility for the disturbance of har mony, rests upon the small number who, with out authority, pul forth the disturbing resolu tion, as the action of the “ committee.'' VV hen the chairmanship was tendered to me, coupled with the announcement of this resolution, whether I accepted or declined, I was equally obliged to speak out, or else be justly considered as acqui escing in a course which I regard as a danger ous departure fioin sound principles and sound policy. But to say no more of my peculiar po sition, which required me to express my own views, it was exactly a case where, not one, but numbers, would feel constrained to enter a pro test. The resolution was necessarily an element of discord, not only Irom tbe manner in which it was put forth, but from tbe matter which it con tained. Not only is it uo official act of the com mittee, but it is an act which goes beyond any legitimate construction of the committee’s powers. It is worse than a mere usurpation’of power, for it is in direct conflict with the action of the convention itseft. The same proposition in the same or some very similar form, was be fore the Business Committee ot tbe convention, and found so little lavor that it wa3 passed over as rejected, without a formal vote. The resolu tion then undertook to add to the platform mat ter which had been rejected from it. This mat ter waa not overlooked by tbe Business Commit tee nor the Convention, but was purposely omitted. The attempt, therefore, afterwards to introduce it, by the action of the Executive Committee, especially when that attempt was made before the formation of the committee was completed, was necessarily a fire-brand; and harmony can be restored only by removing the element which disturbed it, and leaving the members ot the party in different localities, just as the convention left them, perfectly free, on this point, to pnrsne their own convictions of sound policy, consistent with sound principles, as announced by the convention. And now, a tew words in defense of the opin ion expressed in my letter that, in selecting can didates for Congress ali the so-called disabilities onght to be disregarded; or, in other words, that the ablest true men in every district should be selected without any regard to the so-called “disabilities.” If confirmation of its soundness and importance were needed it has been abun dantly furnished in the nature of the objections which have been made agaiist it, and the quar ter from which they have been urged with the hottest zeal. One of the loudest in lamentation is Dr. Bard, ex-Governor of Idaho and editor of a Radical organ, miscalled the True Geor gian. He has already used columns of his paper, and threatens to use an indefinite number of columns in the future, to persuade Democrats that it they act on the policy advocated in my letter they will rain tbe Democratic party Wifo is silly euou.'li uot to see iliat Ins prol< .-s<-d Coii Cem lor tin- saltsy o! the 1 >eiii. cratifc parly only betrays Ills real alarm m hr- pei fKit tea own? Tilt danger which be we-»ts On. the breeze is danger, nut to the Democratic, bat to the so-called Republican party. And what are his reasons with which be hopes to frighten Democrats away from the ground ot tbelr great est power? He, like yonr correspondent (who, perhaps, gets his cue from the ex-Governor) Cries ont that the letter is “ revolutionary ” and yet the only “ revolutionary ” feature Which he points out in it is the proposition to “shake the country from centre to'eiifcoin ference”—by arguments on the theatre rtf Con gress! „ .-'"‘J* ■Jhis soft ot “ revolution ’* is indeed, what I do most devoutly desire, and whatr.be and alt his Co-workers'Ll usurpation and despotism do most tremblingly dread. There is ti(rfhfng they tear so modi as the prospect of'baring their deeds of usurpation and malignity put on trial before tits great tribunal of tbe American States. The whole fabric of measures called reconstruc tion, including the so-called 14lh and 15th amendments of the constitution, rests upon usurpation too palpable and gross to be denied even by its authors. The prime author of the scheme, Thaddeus Stevens, openly proclaimed that it was outside of the constitution. Its sup porters cannot maintain it by argument, and hence they cunningly endeavor to draw and scare Democrats away from the field of argu ment by singing senseless laudations to the irre versible arbitrament of arms, and by a shower of high souudiug phrases about “ verities,” “ fixed facts,” and modern tendencies towards nationality and centralism, with the derisive ep ithets of “ Bourbons” aud “ fogies.” The vital principles ot State sovereignty, Slate equality, aud State rights, which they have trampled in the dus', are contemptuously dispatched with the one favorite phrase of “ dead issues.” They know that these issues are not dead, and that they will never die until the Democratic party can be induced to commit the stupendous folly of joining the enemy iu burying them alive. They are flow indeed in the dust, but they arc full of vitality aDd po wer. They, with the liberty which is inseperable from them, were once before under the heel of the Alien and Sedition acts, but were rescused by one of those glorious “revolutions” which are ever so terrible in the prospect, alike to liberty’s usurp ing enemies aud her unwisely timid lriends.— Under the lead of Jefferson, the Democratic party, State by State, declared those odious acts to be “unconstitutional, null and void;" and on that issue, uot only the acts, but the whole party which originated them were swept away by a storm of indignant condemnation. The country was “shaken' from centre to circumfer ence,” and the constitution was rescued from the hands of its enemies by a “revolution” as peaceful as it was splendid. The frtemcn of Middlesex, iu the days of Chatham, were denied the right of being repre sented in the British Parliament by John Wilkes, the man of their choice. He was subject to a so-called “disability” which the House ot Com mons had unconstitutionally put upon hiui.— Chatham declared the so-called “disability” null and void; and in pursuance ol his advice, Wilkes was again and again elected and returned to Parliament, alter each new rejection. This is sue on the right of a single man to a seat in the British Parliament contributed more than all others to the total overthrow ot the Tory party, which had committed this breach of the constitu tion.* Here was another “revolution” as bloodless as it was complete and beneficient. Such “revolu tions” can always be achieved in the cause of liberty, when truth is wielded by courage, abili ty, wisdom and patriotism. The mutations oi political power which lie within the recollec tion of the youngest man in the Democratic party, onght to banish all despair, and inspire soul stirring confidence^ even under the dark shadow ot the present colossal proportions of the centralizing organization which now bears des potic sway in this country, by virtue alone of confessed usurpation. Let no one be dismayed or deceived by such mistaken statements and gratuitous assumptions as those ot your correspondent. He is utterly mistaken in the idea which seems to have that the invalidity of the so-called “disabilities” has ever been argued on the floor oi Congress by any man demanding a right to his seat. Equal ly gratuitous is his assumption that the validity of the 14lh and 15th so-called amendments, as well as the 13th amendment, will be upheld by all of our courts. It will be remembered that I take a distinction between the 13th amend ment on one hand the so-called 14th and 15th amendments on the other; and I will here state, for the special benefit of the ex-Governor of Idaho, what I conceive the difference to be.— The I3lh was constitutionaiy proposed and rat- fied in good faith, by the requisite number of State Legislatures. It is true that when it was proposed by Congress, ten of the States were ab sent, but their absence was voluntary, and there fore did not affect the validity ot Congress or ot this act. The subseqnent ratification ot this act by the States iu good laith gave it, in my judg ment, all the elements ot a valid amendment to the constitution, it is true, also, that while the Southern Legislatures which ratified it were not connected with their predecessors by an un broken chain of legality, and had their initiation in a palpable usupation of power on tbe part of the President;, yet it is unquestionably true, also, that they were elected and sustained by overwhelming majorities of the true consti tutional constituencies ot the Slates represented by them. They had the substance of legal governments, and rested on the unquestionable consent of tbe constitutional “ people.” Every man of infor mation knows how utterly absent these vital elements are in the case of the 14th and 15th so-called amendments. These two were not constitutionally proposed, because the ten States voluntarily absent on the first occasion were now denied all voice in proposing these amend ments, although they were present by their representatives and claiming a hearing. And this, too, in the teeth ol those express provisions of the constitution which declare that no State, without its consent, shall be deprived of its equal suffrage in the Senate, and that each State shall have at least one representative. As to the ratifications ol these two so-called amend ments, they were made in these Southern States by bodies which were not Legislatures ot the States, but were notoriously the creatures of Congressional usurpation, and acted under the duress of dictation and bayonets. How naked and indefensible the usurpation of Congress was in laying its hand on the suffrage ot the States to form these creatures of its own, is shown by the decision ot the Supreme Court pronounced by Chief Justice Chase, in the recent case ot Texas vs White. ' Thefe the court held that these States were, during the war, and have ever since been, States in the Union. It must be borne in mind that under the constitution prior to the passage of the so-called 14Ui ami 15th amendments, the whole subject .of suffrage was under the exclusive control of the States in the Union. This was the universally received construc tion, and-that feature in our system receives a marked prominence from the fact th\t the elec tors of offices ot the Federal Government itself an expressly made dependent by the constitu- thm itself, upon the action of each State for her self. When, therefore, the power attempted to be conferred in tbe so-called amendments was exercised by Congress previous to tbeir passage —apower to lay its hands upon tLe suffrage ot the States and mould it at its will—the usurps lion stands out with ail the distinctness and gigantic prominence of our own Stone Aloun tain. These so called amendments are but confessions that the powers s right to be conferred by them upon Congress did uut. belong to them before. Chief-Justice Chase also held in the same case that the States are indestructible; and it is very piaiu that these so-called amendments are aimed, and intentionally aimed, at the very vitals of the States; for the control of their suf frage places their political power, and their very existence, at the mercy ol a grand consolidated centralism which already begins, ’through Air. Attorney-Genera! Akerman, to designate the StateB as bare “ corporations.” To show how gratnitous is the assumption ol yonr correspondent as to what the courts will do, if is ODly necessary to remember that while the reconstruction acts, which are the indispen- sable support of the so-called amendments, have been before the Supreme Court of the United States on severs 1 occasions, yet their validity has never received the sanction ot that court; but, on the contrary, on each occasion, the par- ticnlar parts of them which the court he'd to be involved in the particular case, were also held to be unconstitutional and void. I allude speci ally to two leading features of these acts sus- penfling tbe^rt-iviioge of the w it of habeas cor- ^«*.and-erearrng military tit 'mil- b-r the trial ot <?ttizeo!iI‘•'it -is to ta- vpirii, tv noted, also, that 6lt 1 ’CvpVy 'occH-toii the oouit has tailed to affirm.oriid speins studiously to have avoided the affirmance oi the validity ot tbes acts iu any parftr.nlar wba'cV'-r, and s’uioonced priiiciriie^ Wtiii-h, it carried to their l.-gi.-nl c.ui- sequeui es, are derisive against the validity "I the entire fabric of reconstruction, including the so-called 14th and loth amendments. It is proper at this point to remind yonr cor respondent that this court bas_ also decided ’ that the iron clad, or test oath, is unconstitu tional and void, even when applietf to lawyers ; and for a much stronger reason is it void when applied to members of Congress whose qualifi cations are proscribed by the constitution itself, and cannot be changed either by subtraction or addition. The courts are a forum of reason and argument. Usurpers and criminals make their appearance upon that forum only when they are dragged there. Just here, I remark, in passing, that Governor Bullock's recent notice to county officers, that any of them who are subject to the so-called “ disabilities ” will be prosecuted if they continue to bold their offices, “ nothing bat a trick to All the offices with his own creatures, and thus set into bis own hands the manipulation of the elections in as many counties as possible. Let the Incumbents stand firm, and either there will be no prosecution, or if any shall be instituted to keep up the sham and augment the *care they will be allowed to linger, aud linger to die’ In this connection, I will also add a word in reply to a sensational telegram from Washing ton City, published in your paper, dated the 10th instant, and signed “ Sam. J. Randall, Chairman.” U advises the people of Georgia to elect no meu to Congress but such as can take the test oath. The advice given is enough to show the Democrats of this State that Mr. Kantlall is a very bad adviser. He means to have us send negroes to Congress, or else he is clearly ignorant ot the “ situation ’’ in Georgia tor in most of our Congressional districts men who can truly take the test oath are exceedingly scarce, outside of the negroes. The white meu whose sympathies and wishes were against us in the trying days ot the war, do not, as a class, command the confidence or even the respect ot our people, and if sent to Congress by ns would only misrepresent, demoralize and debase ns. Better to remain unrepresented forever, it need be, than thus to render ourselves the subser vient instruments ot our own degradation. I firmly believe that the greatest numerical vic tory gained by a surrender of our principles would be the greatest calamity that could befall the Democratic party. Such a victory would destroy its moral force, and bring it to decay dissolution and contempt. Now, a word, Mr. Editor, in response to your suggestion that I, as achairman, shall call an im mediate meeting of the Executive Committee.— Information obtained from several quarters since my letter of acceptance was written, gives me satisfactory assurance that there was not a quo rum of the committee present, when a small number ot them (certainly not more than six and some say only five) went through the form of electing me chairman, and passing the reso lution which has given rise to all this troable.— My chairmanship is, therefore, regarded by ine as only one of the very many “so called" things ot the day, and I cannot presume to exercise any of the powers belonging to a legally elected ot- ficer. The chairmanship of the committee is vacant, and the committee is yet incomplete. And now, in conclusion, please allow me a few lines on another subject. The manner in which my name has been suggested as a candidate lor Congress in the 5th district, in many quarters and particularly by tbe very able letter of Judge Hook, renders it proper that I should make known my determination on that subject. I want no office whatever; and under the pres ent circumstances I could not be in duced to accept any. I feel some satisfaction in announcing this determination, because it will give the Democratic party fall assurance, if any were needed, that my advice to them i9 colored by no personal object, and springs en tirely from a profound conviction that the coarse recommended by me is essential both to the pre servation of our principles, and to the achieve ment of ultimate success. Every throb ot my heart is for the restoration of that constitutional, local self-government which is the foundation of our whole American system, and which dis tinguished us for more than three quarters of a century, as a congregation of the freest and happiest people on the taco of the earth. I am also thoroughly persuaded that this great end can be accomplished only by the Democratic party of the United States acting in concert in all the States; and, moreover, that this party will be powerful only as it shall be pure. Yours, very respectfully, Linton Stephens. Dor venerable neighbor, the Intelligencer has become irate, lively, and bellicose lately. It turns its antique scooter upon us in formidable style. It invokes the reinforcement of corres pondents and anonymous scribblers.—Constitu tion of yesterday. Our Broad Street Neighbor grows witty at the expense of our longevity. It turns us over to primeval days when the “ scooter ” did valuable service In the farm. Be it so, bat ff in the many years which we have passed, we hare learned any valuable lesson, it is that “wit is not argument,” nor is he that “blows his own horn,” in the judgment of the wise, any other than a “ green horn.” Judge Clbuon and. tbe Jetterson County TreiiWei. We notice in the Era of yesterday morning the following letter addressed to the Governor by Judge Gibson, concerning the Jetterson county troubles, and transfer it to our columns for the information of our readers: Augusta, September 10,1870. Governor: I am just home from Louisville, Jefierton county, the scene ot the recent riot and insurrection. I feel that it is both due you and the high position you hold, to give an impar tial and fair statement of all the facts developed on the trial, or that I could ascertain from citi zens of intelligence and reliability. On Friday, the nineteenth (19;h) of August, a colored man was arrested and confined in jail for malicious mischief; on Saturday, the 20th, a band of colored men, variously estimated from fifty to one hu idred, appeared on the streets and demanded the keys of the jail, to release said colored man so confined. Upon being refused the keys, they proceeded to the jail, where, upon being met by some of the citi zens, they were persuaded to desist. Codjo Tye, the head and organizer ot the band, then went and sent runners to varions portions of the county, when he succeeded in obtaining a more determined and desperate set of men, whom he led to tbe jail (or rather followed,) and with divers implements broke open the outside door of the jail, and released the prisoner, alter which loud shouting and the reports of fire-arms were heard; various threats were made; also, very great excitement prevailed, and many rumors were spread oyer the county and adjoining counties, which caused tbe collection ot many armed white men in Louisville. Some of them seemed to be well organized, as they had chap lains, surgeons, bandages, commissaries, etc. The colored people, too, assembled on many of the plantations in unusual numbers, and maoy ol them came as near Louisville as a mile and a half. If any portion ol them were armed, it was very poorly. Cndjo, like many other leaders in the past, had left in pursuit of some soft or hid ing place, leaving bis beguiled and deceived followers to sutler the consequences of tbeir folly. Thus matters stood until the tiipely arrival ot Lientenant Miller, with a detachment of United States troops, who, with the Sheriff and other civil officers, soon arrested the leaders, -(Cndjo himself having been taken : in his flight at or near Macon,) and most of the prominent privates. Notwithstanding this great provocation, not a citizen ol Lonisville or Jefferson, attempted at any time to vindicate or pnnistf this great out rage by violence oi any sort, bat they were pru dent, calm and firm tbronghoat and to the last, and to-day are, almost to a man, fully satis fied with the results. Cndjo’s clubs that he had organized, seemed to have a 14th, 15th and 16th law; one to col lect wagaa by seizure and sale, another to relieve each other when imprisoned or imposed npon, and sixteenth, if refused the ballot, to go in a body and take the polls. To beguile and deceive his confiding race into his clnba, he assured them that be wss backed by Gen. Grant and Governor Bullock, and bad authority from them to organize. When his deluded follow ers would charge him thus, poor Cndjo would deny it. In order to' authenticitehis deception thus practiced, he had, it seems, two small books from which he would occasion ally read his laws and authority, none of his poor delu ded followers being themselves able to read. There is not tbe first particle ot testimony, nor could any be obtained after tbe most thorough investigation, to sustain Gud jo’s assumption that either General Grant or Governor Builock bad ;uiy agency in the matter or had even seen Cudjo % and no citizen, with whom I conversed, gaya aov credence whatever to Cud jo’s statements. The punishment inflicted, i conscientiously believed sufficient and just, and the general im pression seems to be that the evil is fully cor rected. Time alone can tell. I presame Lien- tenant Aliller will make bis report to General Terry, to whom tbe peace and order <of the State are greatly indebted, and to whom, and tbe citizens of Jetterson, I must express my entire ap probation of their noble bearing and conduct as well as prompt action, throughout this trying ordeal. I am, Governor, very respectfully, Yonr obedient servant, etc., Wm.Gibson. To his Excellency, Rnfns B. Bollock, Governor etc., Atlanta, Ga.,