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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (Jan. 22, 1868)
Ovottidc & Sentinel wuinssßAi niiiiMimii & Kxtraordlnarj I’romdlng at the lit) • Hat! ! A '*l' , r\UY <‘OMMI> : .V WITHOUT POWER j TO ADMINISTER AN OATH, OR COMPEL j THE ATTENDANCE OF WIT* JSSEH*. (Captains G. K. Sanderson and C. Me- 1 Kibbin having been appointed by Gen. Memlc. b; j special order No. 10, to investi j gate certain charge.- set forth in a petition j presented to General Meade for the re- j inoval of the Mayor and Council of the city ! of Augusta, of maladministration on the part of these officials, commenced their investigation Thursday morning: At about the hour of noon a number of the gentlemen whose names were attached to the petition asking the removal of Blodgett and his scalawag Council, were served with the following notice : Augusta, Ga., Jan. 16, 1863. Sir: Wo have been directed by the M r General Commanding the Third ' r; ' ' trict, in special order No. 10, . Ay- Ga., January 14, ! - 68, to p/T. -tain charges set forth in a •ition pr c-nted to the Major General mimandir.g, of m . administration on the part of the present city authorities. Your name being appe: led to the peti tion, you arc repin- ted to appear this afternoon at 3 o’clock, at the City Council Chamber, to substantiate said charges. G. K. Bander-on, Cant. U. S. A. C. MoKirbin, Capt. u. S. A. Many of the "gentlemen did not receive the notice until within a few minutes of the hour named for the investigation, and a large number were not notified at all In compliance with the above request a considerable number of the memorialists notwitstanding the very short notice, ap peared before the Commission, when the officers stated that they had prepared certain questions (seven, we believe, in number) which they proposed to propound to e's the memorialists. G . Wright and Col. Ganahl, who ap- P' ! for themselves as signers and in id thoir associates, objeeted to having ( ach oi the memorialists interrogated as to the truth of the charges, but offered to submit affidavits of reliable witnesses to prove every charge made against the Mayor and Council, or if the Commission would give them compulsory process to compel their attendance they would intro duce witnesses before the Commission to prove ore tertus all the charges made. The Commission stated that they had no power to compel the presence of wit nesses, and that they would call the names attached to the memorial and ask each man the same written questions prepared in advance by them. They did not even propose to swear the persons called, stat ing that they bad no power to administer an oath. Considerable discussion then ensued, which was participated in by Col. Ganahl, Col. Bullock, Mayor Blodgett, and General Wright, as to the proper course to bo pur sued in tho investigation. The members of the Commission, in giving the reasons for thecoui c which they wished to pursue, stated that th-ti had already had an ex amination of the Council proceedings and had made copies of ordinances, resolution. , Ac. This examination anil investigation was made without notice to the gentlemen making tho charge against Council and without their knowledge, orprtien.ee. General Wright, stated that he had drawn the original draft of the memorial, and i hat hut slight alterations had been mar. in it since, and that he was ready to answer for himself any and all questions which the Commission might desire to ask—ho believed tho charges were true and he had documentary evidence in his possession to prove tho main allegations made against the Mayor and Council. He then read and submitted an affidavit of Joseph B. Reynolds, ono of the Council at tho time, showing that Council did, on tho • day of— last, in secret ses sion, raise the salary of the Mayor from two to five thousand dollars. He read also the affidavit of WnJ. V- Bottom, that ho had been discharged from offico by tlie Council without charges ol any kind being preferred against him. He read, also, affidavits of Pr. M. J. Jones that he had been likewise discharged I’■ ffice of Small Pox Physician out irges against him ; and the affi ivitof- - Hull that the Small Pox Hospital had not been abolished. He presented certified copies of ordi nance creating the office of Small Pox Phy sician, and a certified copy of the action of Council increasing the pay of Dr. M. E. Swinney for services as Small Pox Physi cian, after the passage of the pretended ordinance abolishing the Small Pox Hos pital. In relation to the charges about the City Printing and the Bridge Tolls, he an nounced bis ability to prove all that had been charged, but it would require a little time to procure the testimony, and asked that the Commissioners give the necessary time to procure and arrange the evidence on these points. He was also asked if i:e knew of any other acts of ma! administra tion ■ t mentioned in the memorial. Hean swe 1 that he did, and would lay them b ■t be Commissioner, with the evidence to s ;pi >rt the charges. Cos!. Bullock insisted that each person who had signed the memorial be required to aver whether they knew the charges made to be true ol their own knowl edge. The Commission acceded to the demand of CoL Bullock, and asked that each gentleman, as his name was called from the list attached to the memorial, would go over to the north side of the chamber, and that ho would then interro gate each separately. At this point Gen. right arose and stated that himself and Col. Ganahl ap peared for the signers of the memorial — they had stated their willingness, nay, thei? anxiety, to produce sworn testimony to prove the charges made. He objected to having the questions propounded in the manner proposed, and advised all of his co-signers to refuse to answer. Col. Ganahl also made a strong argu ment against the proposition—he had sign ed the memorial because he believed every word of it to be true, yet from his own knowledge to could uot state they were true—he wished to produce legal sworn credence to the Commission to prove the charges, and did not think that the oour.-c about to be adopted would tend to elicit all the facts in connection with the charge? made. The court then signified its willingness to receive affidavits and to give the ncces sary time tor their procurement. Where upon Colonel Bullock stated that he de sire! the gentlemen whose names appeared in toe memorial to be called —some of them had signed it without knowing what its contents were- several had so stated to him. He asked, as a r, tatter of courtesy, to call up several who wore present to answer whether they knew or believed the charges were true, and if they bad knowledge ol the contents of the memorial when they signed it. He called by name Mr. James T. Gardiner, Hon. R. H. May. J. M. Newby and.). J. Cohen. Esq., all of whom Stated that they signed it with knowledge of its contents and that they believed evidence could be produced to prove the charges made and of other like acts. Col. Bullock then asked to make a state ment. which was granted. He explained the action ot Council in regard to the bridge tolls, and in reply to a question, admitted that Council had increase-! the Mayor's salary from two to five thousand dollars, but de nied that thev had lengthened his term, lie was asked if this increase was not made b •cret session—the doorkeeper, clerk :a -a having been excluded from meetHo attempted to parry this sayim. i' was an ejr< entire session, but .as finally forced te admit that it teas done n sicret, ns chan tl. Ilewas asked if the ordinance increasire the Mayor's salary bad ever been pr. j -lieu and answered that he did not ho ;r. He was asked if it was spread upon the Minutes of the Council at the time or shortly after its pas sage, and he did not kiiotv. It seemed to us a little strange that the commission should have spent the first half of the day investigating the case with the members of Counei! without any notice to those who make the charges, and that, when the memorialists are called upon to make out their side of the case, it should have been in the Council Chamber, with the Mayor present, and the Council in their seats. This is, probably according to military law, but certainly such a pro ceeding is unknown to any rules of pro cedure, either civil or military, that we hav« ever heard of before. The Military tommisslon. There was a large 'attendance at the City Hail Friday afternoon, of the lead ing cit Gens of the place, to witness the proceedings o. - : >• t mu i»:-ii>n which is investigating the charges against the prison: Mayor and Council. The officers composing the Commission, after a ernfi rrenee with CoL Ganahl and Gen. Wright who represent the citizens in tli L- n: >w *, announced that, in on! r to give am pic time for .he fuii investigation of the affair and to afford an opportunity to the citizens making tho charges to produce additional proof, the Commission would ad journ to meet again at 3 o’clock P. M. on Tuesday next, when they hoped that all parties would lie ready. The counsel for the people stated that they hop-.J to be ready at that time.^ Gen. Wright desired to know of the Commission it they had selected a clerk, and it so whether the individual who ap peared to act in that capacity the day be fore was the chosen party. Capt. Sanders aid the Commission had no clerk , that they Lad asked for and obtained the services of the Clerk of Council for that purpose. Gen. Wright then stated that it was desirable that the person acting as clerk should be pot only impartial and capable, but an honest and upright gen tleman. Neither himself or any respecta ble portion of the people of Augusta be lieved James N. bills to be a proper mao for the place, and he begged to inform the Commission that this community had neither respect for nor confidence iu that person. Ihe officers replied that Ells was not now acting as the clerk, and that, un der the rule adopted requiring all the evi dence to be submitted in writing, a clerk would not be needed. The Commission having retired, the con sent of the Mayor was asked to organize a meeting of the citizens then in attendance, for the purpose of arranging for the further prosecution of the charges against the Mayor and Council. The Mayor ] stated something in relation to its being j unusual; do., when Col. Bullock answered, ‘■Yes, let them have the room. ” A meet- i irig was then organized by the calling of j Judge A. P. Robertson to the Chair, and the appointment of James A. Gray, Esq., as Secretary. Upon taking the Chair Judge Robertson requested all who were not fully in accord with the movement to have the Mayor and Council removed to leave the room, as the meeting was designed to perfect measures to get full proof of the charges made against the present Council, and those who did not favor the movement would please retire, whereupon about half a dozen ne groes and a few scalawags left. It ap peared, however, that a spy was left iu the person of a miserable creature with a white skin, who, it is said, was one of Blodgett’s pimps and tools during the past fall, and a full-blooded scalawag Loyal Leaguer. His presence was discovered and, amid jeers and hisses, he sneaked out of the Hall. The name of this poor creature, we learn, was Lyons. A large amount of testimony has already been procured, and we do not hesitate to say that all the charges made against the. Mayor and Council will be fully proven, anil developments made of the action of the present officers which will startle this community. Much remains yet to be done. Let our people all take an interest iu ferreting out the misdeeds and illegal acts of the city authorities. Committees have been to whom all cases of limi-administration should be reported. These Committees will, doubtless, act with energy and industry—they need the support of all good citizens, and we believe they will receive it. LETTER FROM ATLANTA. SPECIAL CORRESPONDENCE. Dear Chronicle: —There has been an immense amount of efforts directed, chiefly from Washington City, to bring out all the points of tho performing animals. The antagonisms of Grant men and tho Chase men are being daily developed, and appear to In irreconcilable. It is very certain that the Chase men arc iu the ascendancy, and, while discovering the usual manifestations of strength they have now and again shown some very ugly and dangerous predispo sitions which have been hard to curb or con trol. The bull dog tenacity which the Grant non exhibit, “to fight it out on that line," which must’involve universal ruin, inspires a very wholesome fear and withal very groat respect. Some of them, follow ers of Ulysses, have been indiscreet enough to say that they are perfectly willing to give the negro the right of suffrage—the right to select their rulers. Nothing more, and that this is all that the Sherman Bill exacts, but that they arc not willing that mere numbers shall have the power to sit upon juries, the Supreme Bench and in the Executive Mansion of the State or the United States. For the sake ot the votes of the parti-colored and mixed colored and black followers of Aaron Alpeoria Areo pagus Bradley (negro) from Bosting, the Chase men are willing to, and advocate the extension of all rights ot citizenship—civil, political and social —to tho negro. Bryant, of Maine, who expects “to lay his bones in Georgia, or somewhere in America,” has gone farther than the gentle Aaron Alpeoria. lie demands that an eboshiu, flatnose, thick lipped man eating Sahominian, who shall have been three months in the State and has de clared his intention to become a citizen of the United States, shall be declared a citi zen of Georgia. Under the latitude of Bryant's Constitutional law it would be very easy to establish a line of steamers to a great seaport of the African Republic of Liberia oi to a convenient port of the Celestial Empire, and till the land with citizens of African scent and pigtailed Josh worshippers, in numbers sufficient to float any party into power. The demands ot the ultra Radicals are daily growing more imperious and must soon culminate in such issues as will compel a strict division, on the rights of the negro being co-equal with that of the white man—civil, political and social. It cannot be avoided. It has been avoided by adroit manoeuvres and conces sions, but it cannot bo postponed much longer. It is beyond doubt that the first formation of' political parties, founded upon race and color, of a white man's party and a black man’s party, will arise in the so called “Reconstruction Convention,” Richardson, boardiug in Augusta blit ‘ a delegate Rom Baldwin,” piles "Delion upon Ossa. Jlo not only carries out the French Red Reputlican extravagansa of “Liberty, Fraternity and Equality,” but improvises anew doctrine, that human laws are not goodas manures. He has an nounced, as a grave, solemn truth, that “human laws are made for earth's in habitants, noi for the earth itself.” This Aroostook has traveled one thousand miles, a devoted missionary, to tell the people of Georgia that “human laws” will not grow cotton and corn. This Maine mouse should go to Congress. Under Washington city pressure the “Saints” have dwindled to fourteen. Mr. Waddell, from Polk, introduced a resolution resolving that the" highest or humblest citizen who bears true iuiih and allegiance to true Republican principles waseutitLil to countenance, sympathy and encouragement; that General Hancock was such a man. This resolution was postponed indefinitely, one hundred and twcuty-threc voting for the postponement and thirteen ia the negative. The saints have thus dwindled to Burnett, Fields, Foster, of l'aukling, Gove, Griffin, Harri son, of Carrol!, Holcombe, Hudson, King, Martin, of Carrol!, Stanford, Trammell and Waddell. (Mr. Christian, of Early, ibseut, subsequeully recorded his vote .in , the negative.) The latest performance of the menagerie has been a debate efiietty between Aaron Alpeotia Areopagus and Crumley pcolor edj from Warren. Alpeoria the First, of Gtvgia, scouted the idea of incarcerating "the human form divine" of any shape, sire or color, for filthy iuere, Crumley thought that a thief ought to go to jail, no matter whether the crime was the crime of bold, daring . ", or the civilized expert whoso adroitne-s t vaJed legal crime by cunningly devised frauds. Mr. Cooley presided with greaidi :mt auddecorum.it) this discussion. Gene.ai Meade announced himself as a soldier, a military tuan, utterly ignorant of civil law, ou his arrival, charged p irtieu larly with a specific duty of affording the people of Georgia the right of voting upon a Constitution to bo made by the so-called "Reconstruction Convention.' He has since repeatedly announced this view of his official position, and frankly averred that he was utterly ignorant of civil law, while perfectly conversant with military law. lie i» utterly sceptical as to his ability to find a sufficient number of such as areeompotent to take, conscientiously, the test oath, in ease he should be compelled to make re- i movals from office, and will be compelled ; to make his appointments from the army. He does not hesitate to say that the laws of Georgia, as contained in the Code, are of force, but elairns the right under the Sherman Bill to till the offices when neces sary; and is restricted by the .requisite; of loyalty to military sources —Wing invested with tbe right to detail a scalier from the ranks as well as the epauletted officer. A? ‘‘the Convention’’ will probably set just as long as the present Congress is in session, is it not unlikely that we may see the pres eut garrison of Atlanta distributed as quasi civil officials —sheriffs, ordinaries, clerks, ic., Ac., throughout the State? It is almost certain that the appointments hereafter will exclude civilians, whether Radical, Renubliean or Democratic. There has been quite a Convention of Railroad Superintendents here. These of ficials have convened chiefly to consider two subjects; uniformity in wages and salaries, and the perfection of cheap trans portation for bona fide emigrants. It seems to be conceded that emigrant fares wili be reduced to one cent per mile, and there is justifiable expectation that the scheme devised to promote emigration ; South wLI prove successful. Occasional. Important Correspondence. We pubdsh below certain documents and correspondence, presenting to our readers all the proceedings which resulted in the removal of Governor Jenkins and Treasur er Jones. We learn that, since assuming the command ofthe Third Military Dis trict, Gen. Meade has issued no instruc tions to, nor asked any specific act of co operation from. Gov. Jenkins, *ave his re quest contained in his letter of the 7th ins; (ti that can be denominated an in struction). It would seem, therefore, that the removals were predicated upon the re fusal of tho Governor and Treasurer to defray, from the Treasury, the expenses of the Convention now sitting in Atlanta. The Governor’s refusal to pay the salary of Solicitor Bigby is not referred to in the order of removal, unless it be regarded as evidence of failure “to co-operate with the Major Genera! commanding the Third Military District:” AN ORDINANCE To levy and collect a Tax to pay the Dele- j gates and Officers connected with this , Convention, as weli as all other inci- j dental expenses. lie it ordained by the people of Georgia, in Convention assembled, That it shall be the duty of the Comptroller General ofthe State of Georgia to levy and assess a tax of one-sixteenth of one per cent, on all the taxable property of thß State, as returned on the Digest for the year 1867, in addition to the State tax ; and the Comptroller General shall direct and require the Tax Collectors of the several counties of this State to collect the extraordinary tax so assessed, or so much thereof as will defray the expenses of this Convention, and pay the same into the Treasury of the .'State of Georgia on or before the first of Novem ber, 1868. Be it further ordained, That the Treas urer of tliis State is hereby authorized and directed to advance to the Disbursing officer of this Convention, out of the Treas ury of tliis State, forty thousand dollars, to defray the expenses of this Convention, and the pay and mileage of its members and officer.-, up to the twenty-third day of December, 1867. Bo it further ordained, That N. L. Antrier is hereby appointed the Disbursing* officer of this Convention, and is au thorized to receive and receipt for the sum aforesaid from the Treasurer, and to pay out the same on the warrant of the Pres ident of this Convention, on the report of the Auditing Committee. The amount so advanced by the Treasurer shall be re placed from the proceeds of the tax ordain ed by this Convention to be assessed and collected for the expenses, pay and mileage of the members and officers thereof. Be it further ordained, That the several Tax Collectors shall receive the same per cent, for collecting the same as they now are allowed by law for collecting the State tax. Adopted December 20, 1867. J. R. Parrott. President of the Convention. P. M. Shiebley, Secretary of the Convention [Endorsement. ] Headq’rs Third Military District, 1 Atlanta, Ga., December 20, 1867. j In conformity to the provisions of the within Ordinance, the Treasurer of the State of Georgia is hereby authorized and instructed to pay out of the State Treasu ry the sum designated in this Ordinance, to the Disbursing officer ofthe Convention, for the purposes herein specified, and to file this Ordinance with the order endorsed thereon, and the receipt of said Disbursing officer of the Convention, as his vouchers for the amount. John Pope. B’vt Major General Commanding. Official: 11. Clay W ood, A. A. G. Treasury of Georgia, ) Millcdgeville, Ga., Dec. 21, 1867. j Brevet Major General .John Dope, Corn manning Third Military District , Geor gia, Alabama and Florida: General:—l received, to-day, by Dr. L. N. Angler, your letter of authority and instruction to pay to him as disbursing officer of the Convention now assembled at Atlanta, a certain sum for the use of said Convention. Holding my office under the Constitution of the State of Georgia, adopted in 1865, being sworn to perform its duties accord ing to that Constitution and the laws of the State, by which I am forbidden to pay money out of the Treasury except upon warrant of the Governor and sanction of the Comptroller General, and having en tered into heavy bonds for the faithful per formance of the duties so prescribed, I am compelled to decline making the payment ordered by the Convention and authorized by you. I have the honor to ho, very respectfully, etc., John Jones, Treasurer. Headq’ rs 3d Military District, ] Georgia, Florida and Alabama, > Atlanta, Ga., Jan. 7, 1868.) Ills Excellency Charles J. Jenkins, Trov'l Governor o f the State of Georgia, Mil ledgeville, Ga : Dear Sir : I have tho honor to sub mit herewith tor your consideration a copy of an Ordinance recently adopted by the Constitutional Convention of the State of Georgia, and a copy of the endorsement thereon made by Brevet Major General John Pope, who, at the date of such en dorsement, was in command of this Mili tary District. I also enclose a copy of a letter addressed to General Pope by John Jones, Esq., Provisional Treasurer of the State of Georgia. You will observe that said Ordinance authorized and directed said Treasurer to advance to the disbursing officer of the Convention, therein named, out of tho Treasury of the State of Georgia, the sum of forty thousand dollars, to defray the ex penses of the Convention and the pay anil mileage of its members to the 23d day of December, 1867, and that General Pope’s endorsement on said Ordinance authorized anti instructed the Treasurer to pay the sum designated in the Ordinance to the disburs ing officer ofthe Convention, for tho pur poses specified, and to file the Ordinance with his endorsement thereon, and the receipt of said disbursing officer, as the Treasurer’s voucher for the amount so paid. The Treasurer declined to pay the amount so ordered to be paid, on the ground that he held his office under tho Constitution of the State of Georgia, adopted in 1865, being sworn to perform its duties according so tfiat Constitution and the laws of the State by which he alleged he was forbidden to pay money out of t h e Treas ury, except upon warrant ofthe Governor and sanction of the Comptroller General, and that having entered into heavy bonds for the faithful performance of his duties so prescribed, he was compelled 4° decline niakiug the payment ordered by the Con vention and authorized by General Pope. Under these rircum-tances, I deem it proper to request you to issue auExecutive warrant on tire State Treasurer for the payment of ihe amount, and for the pur poses specified in said Ordinance. I am clearly ofthe opinion that the Convention is authorized by the Reconstruction Acts of Congress so exercise such legislative power as may be necessary for it to dis charge the duties which those Acts impose on the Convention Jo enable it to dis charge its duty the payment of its current expenses, and of its members, is absolute- ( ly essential. In this view I consider the i present Ordinance as “an appropriation ! made by law,” in the sense used by the : constitution of Georgia, which prescribes ] that “no money should bo drawn from the j Treasury' of this State, except by appro- I priatiou made by law;” and I, therefore, trust that you will not hesitate to give the j Executive warrant required by the Treas- , urer. If lam correctly informed, there is \ a precedent for the action wf this Conven tion in the appropriations made by the i Constitutional Convention which assembled in this State in 1865. You will please show this communica tion to the Comptroller General. Hoping that in the performance of the difficult and embarrassing duties new de volved upon me I may have the co operation and assistance of the Executive Department of the Stateof Georgia, I am, most respectfully, Your obedient servant, Geo. G. Meai»b, Maj. General U. S. A., Com'd’g Third Military District. Executive Department, \ Milledgeville, January 10,1568. } Maj. General George G. Meade, U. S. A. Commanding Third Military District : General : Your communication of the 7th instant, enclosing, for my consideration, an ordinance ot a Convention now sitting in Atlanta. “To levy and collect a tax for defraying the expenses of the Convention, and for other} purposes,” having an en dorsement thereon by Major General John Pope, then commanding the Third Dis trict, authorizing and instructing John Jones, Esq., State Treasurer, to pay the disbursing officer of the Convention forty thousand dollars to pay its expenses and th* pay and mileage of its members and officers up to the fiSd day of December, 1867, and the reply of Mr. Jones to Gen. Pope, was received after 10 o'clock p. m., yesterday, and numerous unavoidable in terruptions have prevented me from re plying in time for the maul of to-day. After reciting the substance of the en closed papers, you add, “under these circumstances I deem it proper to request vou to issue an Executive warrant on the State Treasurer for the payment of the amount, and for the purpose specified in said ordinance.” t After careful consideration, and with the clearest conviction of duty* I must, Gene ral, respectfully decline to comply with your request. With a full appreciation of the courteous terms in which your request has been preferred, I ask your considera tion of the reasons which have prompted the answer here given. They apply to three aspects of the subject under comic!- j oration: First I have considered it as arising j under tho Constitution of the State of : Georgia, adopted in ! 865, and tho CoßSti- : tution of tl.e United States, both of which, upon my induction into offiee, 1 took a solemn oath, "to th best of my abilities to preserve, protect arA defend." ' One of the provisions of the former is ex pressed in these words : "No w-i-y shall | be drawn from the Treasury f this Stat<, '■ except by appropriation made by fate.” • Here is an attempt to draw from the Treas ury of this State a large sum of money. ; Has an appropriation of this money been made by law / Clearly not, according to ] my conception. I venture the assertion i that any learned, upricht jurist would hold that the term "law” as used in this con nection, signifies a statute emanating from the law-makinc power established by that Constitution, and none other. What else can it mean ? You say, “In this view, " [i. e. in view of the necessities of the Con vection), “Iregardthis ordinance as an ap propriation made by law in the sense used by the Constitution of Georgia.” From this conclusion, General, I most emphati cally dissent. Whence does this Ordinance emanate ? From a Convention assembled to make a Constitution for the State of fxeorgia. which is intended to supercede that in which the above prohibition is con tained—a Convention not assembled either in the manner pointed out by itself, nor by the spontaneous action of the constitu ency recognized by it. The concluding clause oi our Constitution of 1865 reads thus : "This Constitution shall be altered or amended only ly a Convention of the people, called for that purpose by Act of the General Assembly.” Bear in mind, General, that lam now discussing your proposition, that the pres ent Ordinance is to be regarded “as an appropriation made by law,” in the sense used by the Constitution of Georgia, which prescribe that no money shall be drawn from the Treasury of this State, except by appropriation made by law. Asa logician, for the purpose qf the argument, you concede that I am bound by the Con stitution, anti you are seeking to convince mo that this Ordinance comoa within the exception to the prohibition. Now, look at it in the light of the concluding clause 1 have _ quoted, prescribing how, and how only, it shall be altered and amended. That clausc.is conservative of the Constitution itself. The Convention which passed this Ordinance, and which is assembled ex pressly to make a Constitution for Geor gia, is not called as provided in that last clause, and is, therefore, put under the ban of the Constitution now existing. Yet you say an Ordinance made by it is, in the sense of that very Constitution, a "law” appropriating money. If I be right in defining . the term "law,” as used in the prohibiting clause, I have only to add that the law making power established by the Constitution has, made no such appropriation. The Convention which made this Ordinance is called into being by certain acts of the Congress of the United States, is one of the agents of that Congress (yourself being another) for the purpose of carrying into effect a certain purpose. You construe those acts as giving authority to the Convention to ap propriate money out of the Treasury of Georgia. Do you hold, General, that tho Congress ofthe United States could direct ly, by its own simple act, appropriate money from the Treasury of Georgia? If you do, you will confer a great favor by designating the article, section and clause of the Constitution of the United States (whence only it3 powers'come) conferring that power. II you do not so hold (and I scarcely think you do), will you insist that the Congress can confer upon its agents larger powers than are possessed by itself? Should you say that you are not permitted to consider those Reconstruction Acts without reference to their constitutionality or their justice, or their expediency—that you came hero to execute them, and must do so? Pardon me for replying that you and I look at them from a different stand point. I have said that I have sworn to support the Constitutions of Georgia and oi tho United States, and I have a serene consciousness that in declining to obey the behest of the Convention, and to comply with your courteous request, I but pay a dutiful homage to both Constitutions. Secondly, I have considered the subject with reference to the Reconstruction Acts, themselves. I can find nothing which in the remotest degree authorizes the con struction that they intended to saddle t.hc Treasury of Georgia with the cost of their novel enterprise. It is very clear that they intended (hat cost, up to the assem bling of the Convention, to come out of the Federal Treasury. They have, with equal distinction, provided that the Convention shall provide for their own compensation and other expenses, by levying a tax upon the people for that express purpose. But you may say, this is too slow; the Conven tion cannot possibly await the collection of the tax—there is nobody else that can and will advance to them, and, therefore, you must. But the Congress have not so said. It is a very old and a very safe rule of construction —“ expressio uiiius, cxclusio csl alterius.” The Congress having ex pressly specified how the expenses of the whole scheme, from beginning to end, shall be provided for, it cannot fairly be argued that they intended any other pro vision. Nothing but a most latitudinary construction could justify the inference that this legislation imposes a burden upon the State Treasury. Think, you, General, it would become tho Governor of one of these States, required bylaw to disburse cer tain sums for designated objects and scantily supplied with means for the purpose, to adopt such a rule of construction, and in a fit ot generosity, at the expense of justice and of duty, to volunteer so large a contribution to a cause with which he had no official connection? Will you do me the favor, General, in imagination, to place youtself in the position cf one of these unfortunates, and ask yourself the question, would Idoso ? It may be that the Congress was not adequately provided for this Convention which it brought into being, but that is a question between the parent and the child. Even if it be so, I incline to think that no blame attaches to you or to me. Iu connection with this point, I will say further, I cannot perceive in these multiplied reconstruction acts, the Congress has imposed upon me any active partjwhatever. They have graciously con sented to leave me undisturbed iu.the per formance ofthehumble functions intrusted to me by the Constitution and laws ofthe State, upon tho condition that I do not “ hinder, delay, prevent or obstruct the due and proper administration of thoae acts.” But you perceive this imposes only a neg ative duty. Believe me, General, in my official position, compliance with your request would involve a tremendous activ ity, nay, even the abandonment of pre viously imposed positive duty. This brings me to say: Thirdly, that I have considered this question with reference to the resources and tho existing liabilities of the Treasury of Georgia. Itttp these ((although tolera bly familiar with them before) I have care fully looked, since I had the pleasure of seeing you, and I now state distinctly my firm conviction, that if I assume and meet the expenses of this Convention, I shall be qnable to pay the civil list, the princi pal of the public debt near maturity, the interest on tho remainder and other neces sary charges. If your thoughts rovert to the proposed reimbursement, I have only | to say it will come too late. Hoping that these reasons for my course | will be as satisfactory to you as they are ! conclusive with me, I have’the honor to J be, very respectfully,, your -obedient j servant, Charles J. J ) Governor of Georgia. Hkadii’rs. Third Military District, ) Georgia, Alabama and Florida, i Ajlanta, Ga., Jan. 13, 1868. ) Charles J. Jenkins, Milledaeville, Ga.: “Sir —I have received with profound re gret your communication of .the 10th inst., ip which you decline to accede to the re quest made in mine of the 7th inst. As I cannot but consider your action as a failure to co-operate with me in executing the laws known as tbe Reconstruction laws, of Congress, ami a? 1 am further advised you have declined to pay the salary of M. S. Bigby, Solicitor General of the Tallapoosa Circuit, on the ground that said officer having been appointed by tbe Military Commander of the Third Military District, you cannot recognize the validity of his ap pointment, 1 am forced most reluctantly to view your actions as obstructions to the execution of the Reconstruction laws, and have no alternative but to remove you from your office, as you will see 1 have done by the enclosed order. Ido not deem myself called upon to answer the arguments of your letter. The issue is very plain be tween us. J must require the acknowledg ment of the validity of the Reconstruction laws, and you plainly deny them as having any binding force on your actions. Both of us are acting from a conscientious sense of duty, but the issue is so plain and direct that all hope of harmonious co-operation must be abandoned. With feelings of high personal respect, and with sincere regret for the course I feel myself compelled to take, I remain, most respectfully, your ob't serv't, George G. Meade, Major General Commanding. Headq'rs 3d Military District, ) Georgia, Alabama and Florida, Atlanta, Ga.. Jan. 13, 1868. j John Jony, Esq. , MitU dgevilk : _ Sib— Your refusal to obey the instruc tions of Brevet Major General Pope, com manding Third Military District, is viewed by me as an obstruction to the execution of the Reconstruction laws of Congress, and I am, therefore, compelled to remove you from office, as you will see I have done bv the enclosed order. Very re spectfully, year ob't serv’t, George G. Meade, MqjorjGeneral Commanding. Motile Cotton Market. Mobile, January IS, p. in. — Cottcn in fair demand—stock on sale light ; Mid dling 15} ; sales 2,500 bales; receipts 1,6-11 bales: exports 4,136 bales. Kcverdy Johnson aid General Joseph E. Johnston. in a recent letter written to Lee Carroll, one ofthe members ol the Maryland Legis lature, Hon. Reverdy Johnsou states tuat his vote in the Senate of the United States, in favorofthe“Shcrman-Shellabar ger Bill,’ was approved by most ofthe in telligent citizens of the South. That this approval was made knovn to him by the reception of many letters from civilians anu h-cui gentlemen in tie South who had rendered distinguished lerviees in the array of the Confederate States. Among the latter he states that he received approving letters from Generals Joseph E. Johnston, Beauregard, Longstrcet, Taylor and Chalmers. The Montgomery Mail, com menting upon this startling declaration, | says: i It wifi he a matter of surprise to the peo ple of Alabama, among whom Gen. Johnston was living at the time, to know that he approved of any vote given in favor of the in fatuous Reconstruction negro supremacy measure. His views at that time, and afterward, were not concealed from our people, and they wore in direct ; opposition to our people voting to accept such measures. We know that Beauregard, Longstreet anti Taylor imagiued that non acceptance of negro Reconstruction might be followed by something worse, and hence advised the people to try and take ad vantage of the Acts and elect Conservative Conventions under them. But we did not know and still do not believe that any one of them ever approved the course of a ; Senator who voted to fasten such an in j famous unconstitutional measure upon us, especially when _ it was well known that that Senator believed that the Acts for which he was vuting were violations ofthe Coutitutioii which he was sworn to sup port. As for Chalmers wc are not sur prised at any tiling lie might say or do, it being a matte)- of no importance what his opinion may De.” £ Nineteenth Day’s Proceedings ol the Georgia l nconrtltutloniil Convention. REPORTED FOR THE ATLANTA DAILY INTEL LIGENCER. Wednesday, Jan. 15,1868. Tho Convention opened with prayer, Mr. Parrott in the chair. The Journal was read. RELIEF. G W Ashburu moved, during tho read ing of the Journal, that the reading of the names of the members who voted on the preceding day be dispensed with. Carried. A T Akerman moved a reconsideration of the action of the Convention on the preceding day iu reference to the report of the Finance Committee. He read the resolution as it appeared in the morning paper. He characterized it as a carefully worded one, but it appeared to him that it simply contained a promise on their part that they would abstain from the matter altogether and not to touch it at all. He thought that, if they touched it at all, they ought to do so with a determination to uphold the credit of the State. When ho moved an amendment to the resolution on the preceding day, murmurs of “No, do,” ran though the hall. If there were any persons in the Convention who designed to repudiate the debt of the State, they ought, m his opinion, to come forward and declare their intentions, in order that it might be known what was to be done on so important a question. They were not asked to recognize any bonds which wore not legally issued, and he thought it was due to the honor of the State that they should take immediate and decisive action on so important a question. Ho therefore called for the ayes and nayes on a recon sideration of the question." B Conley bogged that the gentleman would not press the taking of tho eyes and nays. R H Whitelcy spoke against the mo tion, and. J L Duuning favoring it. REPORT FROM THE COMMITTEE ON EDUCA TION. J II Caldwell presented a report from the Committee on Education. On motion the rules were suspended for the purpose of taking up the report. The report referred to the right of Mr. Anderson, of Houston, to a seat. It is stated that he was eligible from the fact that he wag one of the Registrars from the 23d District; that he had served as a manager and made out the (returns which had been sent up. Tho question was taken up, and, on motion, it was ordered that five hundred copies bo printed for the use of the Con vention. Aaron Alpeoria Bradley (negro), stood up with a paper in his hand, in which he said he found an appeal from Governor Jenkins to the Convention, on which he was about to offer some remarks, when he was interrupted by a member, who had perhaps read it, and told that the name of the writer was not “Governor” but “Guss.” Aaron Alpeoria Bradley (negro), stood corrected and sat down astonished at his blunder, and followed by a slight twitter, which was perhaps intended for a laugh. THE RELIEF QUESTION RESUMED. V B Bedford counseled care in the mat ter and hoped there was no member of the Convention who would not be willing to see the credit ofthe State of Georgia pre served. On motion of J L Dunning the question of .reconsideration was laid on the tabic, there being only 13 nays. PAYMENT OF MEMBERS. Philip Martin moved the suspension of the rules for the purpose of taking up a resolution which he offered. Carried. The resolution called on the Convention to request General Meade to order the Treasurer ofthe State of Georgia to de posit in the hands of N L Angier, the Dis bursing Agent, subject to the order of the Convention, funds sufficient to pay all the expenses of the Convention, and that the Secretary furnish Gen. Meade at once with a copy of the resolution. W P Edwards moved that the sum of SIOO,OOO be inserted in the resolution, which caused some laughter. James D Waddell offered a substitute to the resolution, which he withdrew upon a motion by J E Bryant to table. A Alpeoria Bradley (negro) stood up with a resolution in his hand, and looking quite dignified, said: I would like to offer a resolution, aud ask for the suspension of the rules. In consequence of a great deal of suffering now going on, and particularly among the colored people of this State, and in violation of the order of the command ing officer of the United States, No. 83, General Pope had so much ot that order printed as applies to the soldiers and offi cers, but more than one-half of what refers to the sufferings of the people, and partic ularly the colored people, he has left unno ticed, and left us to be punished in a most inhuman manner throughout this common wealth, and therefore 1 would ask that this be read. Chairman—The proper way is to move to suspend the rules. A Alpeoria Bradley (negro)—l want to have it read. Chairman —It will not be in order unless ! you move a suspension of the rules. A Alpeoria Bradley (negro)—l do that, j Yes, that is what I want, and I would like j to have the order of Gen. Grant read. | Chairman —That is not in order, j A Alpeoria Bradley (negro)—But that | is part of my argument. Chairman —The Secretary cannot read | yqur argument. Aaron Alpeoria Bradley (negro)—l would say there is nothing more common than for a gentleman to send up his paper ! to be read in the House of Congress, j [Laughter.] There are three soldiers in ; jail in the Stale of South Carolina. They are detained there on a charge of murder. ; The -officer is in this city now who gave | them the arms and told them to shoot the - parties if they troubled them, and they were not arrested until after the military had went away, and when there was no ; civil law neither in South Carolina and Georgia. There is a woman there who the jailor gave three hundred lashes to, as she says, because she made too much noise, and because she did not do everything they wanted her to do. The jailor got out of that scrape by coming here and telling Gen. Pope: by stating she was insane, and it was on that account they were set free and the woman detained in jail on a simple charge of assault and battery, and in my judgment she is as sane as any per son in this house. There are four that I want released. There is a man named James Wallace who has been putin jail j and denied bail by hi3 honor the Mayor. • He is not allowed to give bail or bonds, I contrary to tbe laws of the United States j and of the State of Georgia, and this order ! from General Grant is that relief shall be ! given in such cases. I have laid this mat- 1 ter before General Saxon, and he told me j to go to the commanding General without j delay.’ lie (A Alpeoria Bradley, negro) went on in a very animated manner to revert to a case which came nearer to himself. It occurred in Savannah, and was the ease with which the public are already familiar, as the one in which he threatened to shoot the editor of the Savannah Republican. He depicted the affair with great vehe mence—almost became poetic on the sub ject of- his grievances on the occcasion. He had been threatened by the editor of the Republican, whereupon he put his hand in his bosom and said, “shoot away!” This was all he had done. He never attempted to shoot. Ob- No! It was the other par ty who was to blame, and yet, lo and be hold,'for merely uttering these words he was put into prison. What monstrously absurd people they are in Savannah, and what a terrible man is that Mayor who would not even allow him out on bail, al though the sum of $20,000 was offered for “my bonds for one night.” These words were uttered with a terrible air, which as sumed somewhat of the demoniac as he proceeded. He then said in a milder but not less disgusting tone, “I wish the Com mandiug General to take notice of these things; he is bound to protect person and property. ’ For this assault he (moaning the Mayor of Savannah) refused to take bond from him (Alpeoria) in short, save Alpeoria, he (meaning the Mayor again) pa: 1 no more attention to my appeals than he would if I had been a dog barking be fore him. Alpeoria looked arouud with a sad countenance as if imploring sympathy, bat the brethren did not shod one compas sionate tear. He, however, ventured to the charge with an evident degree of de light. and said : “I am much more com petent to take care of my seif than thousands of colored persons, and if 1 am treated so how is it to be with those who are cot, by those monsters in human form.” (While uttering this last sentence his whole coun tenance assumed a frightful expression, partaking more of the supernatural than anything wc have seen for many years, and led us to suppose, in a moment of for getfulness, that we had before us a certain individual from a certain eiime.) The motion to suspend the rules was then put to the vote and carried, and the resolution taken up and adopted, which was sympathy enough for Aaron Alpeoria Bradley (negro). The following is a literal copy of the resolution as written by Alpeoria, and is given to the public in order that they may understand what kind of legislation is to come from such a source : Resolve, That The Delegates of The People of Georgia, in Convention assembled do request The Major General in Com mand to have examined all the Jail and other prisons, and have released There from all persons, unlawfully deprived of Their liberties: And all persons tried ex party; in violation of the Constitution and laws of The United States, and The State of Georgia. L N Trammell presented a report from the Committee on Privileges and Elec tions. Ou motion the reading of the report was dispensed with. BILL OP RIGHTS. The Constitution and preamble of the Bill of Bights was next taken up, and, on motion, it was agreed to revise the pre amble separately, and it was taken up for consideration. It was also agreed to act on the report section by section, when the House went into a committee of the whole. Several amendments and substitutes were offered to the said preamble and a great amount of discussion ensued, in which religion and the love of God were the prevailing features. Several members thought it wrong to have a Constitution framed the preamble to which did not say one word about God or His goodness. This was more than such high Christian feelings could brook, and they accordingly burst out in lengthened streams of indignation. Others were of opinion that introducing religion would give it somewhat of a sec tional character, and that the Convention would, of course, disdain anything that smacked of sectionalism , because as the whole world knows they are not prone to sectionalism. The following is the preamble referred to: PREAMBLE. We, the representatives of the people of the State of Georgia, in Convention as sembled, to secure to all citizens thereof the enjoyment of life, liberty and property, and of pursuing happiness, do ordain and establish this Consitutiou for its govern ment. J D Waddell, among the many sub stitutes and amendments, offered the preamble of the Constitution of 1805. M Bell proposed an amendment toinsert offer the word '‘happiness” the words “invoking the favor and guidance of Almighty God,” which was lost with the other substitutes and amendments, and that of J D Waddell, after long discussiou, adopted. W L Clift moved that the report be amended by the adoption of the caption in such a way that the word “preamble” might precede the preamble adopted, and so that the words “Constitution of the State of Georgia” might follow the pream ble, which was, after some discussion, adopted. The Committee of the Whole into which the House had gone upon taking up tho Bill of Rights, now proceeded to revise the declarations of rights therein contained. R H Whiteley and E J Iligbee offered substitutes for the first and second sections. A long discussion ensued, in wliieh[the usual amount of declamation was indulged in, and the result was that both substitutes weri tabled. A T Akerman moved that the report he amended by adopting instead of sections 1 and 2, the following, which he read, and accompanied witli some telling and argu mentative remarks: Sec. 1. Protection to person an j proper ty is the paramount duty of government, and shall be impartial and complete. This, after considerable discussion, was agreed to. J E Bryant read a substitute to section 2, to the effect: “That all persons in this State, born in the United States, or natu ralized, or who shall legally have declared their intention to become citizens of the United States, arc hereby declared citi zens of the State of Georgia, possessing equal civil and political rights and public privileges.” This substitute was ordered to be laid on the table and printed. The third section, which run thus: “No person shall be deprived of life, liberty or property, except by due process oflaw,” was adopted without any change. B Conley moved an amendment to the fourth section, so that it should read: “There shall be no imprisonment for debt,” and striking out the words “except for fraud, or when the debtor resides be yond the limits of the State, or is about to remove therefrom.” C D Davis and A T Akerman, in some what lengthy remarks, opposed the amend ment. They expatiated upon the laws of the State and the evil results which might follow such a law, inasmuch as evil dis posed men but too often take advantage of such loose legislation to defraud honest creditors. J E Mount favored the amendment because he considered it would protect the poor and honest debtor from the intrigues of lawyers, and the snares which techni calities were sure to throw around him. He knew enough of the chicanery of the law to know that many a time had a poor honest man been thrown iuto prison and kept there until election time, when the candidate would perhaps, in order to get his vote, go and pay the bill. He wanted some protection for the poor and honest man, but he was not there to defend fraud on the part of any man. W T Crane spoke at some length in favor of the original section. He did not know that there was a single technicality in jail, and never knew of one to be there. [Laughter.] He was for protecting the honest creditor against the deceptions which were but too often practiced upon him. W L Clift moved an amendment by striking out the word “except for fraud or” —so that the section might read, “There shall be no imprisonment for debt where the debtor resides beyond the limits of the State or is about to remove there from." J E Bryant spoke in favor of the origi nal amendment. W L Crane addressed the house again on the subject with some force, and expressed himself in favor of the original section. J D Waddell moved that the Committee of the JVhole rise and report, which was unanimously agreed to, and the committee reported accordingly. T G Campbell (negro), when the Con vention was about to adjourn, moved that the rules be suspended, which was agreed to. He then offered a resolution to the effect that a copy of A. Alpeoria Bradley’s j (negro) resolution in reference to the prisons, and those detained in them be j transmitted immediately to the command ing General. Carried. The Convention then adjourned to 10 A. M. next day. TWENTIETH DAY. THURSDAY, January 10th. The Convention opened this morning in ! the usual way. I The Journal was read, j A T Akerman asked for leave of absence on account of necessary and unavoidable business. Granted. Leave of absence was also granted for two sick members. E L Higbee presented a report from the Committee on Enrollment. H V M Miller handed in a report from the Committee on Militia, which included all male citizens of the State of Georgia between the ages of eighteen and forty | five years, and as such, subject to military law, which specified that they should be equipped according to law, subject to the authority of Congress. It also specified that no persons conscientiously opposed to bearing arms should be compelled to do so but they should pay aa equivalent for ex emption, the amount to be prescribed by law and appropriated to the common school fund. J L Dunning moved that a committee of five be appointed on miscellaneous mat ters, and on suggestion of a member the . words “pertaining to the Constitution” were added. bill of rights. The discussion of the 4th section of the Bill of Rights was taken up pursuant to adjournment, and W i Crane resumed his | argument. . He proceeded to say that he was in favor of a just Code of laws, being framed which would do justice to ail parties, and to all the citizens of the State of Georgia. It appeared to him that the discussion on this subject was •drifting altogether in one direction and that was that it was proposed to protect altogether the debtor while all sight was lost of the honest creditor. It i was said that it was a very hard matter to imprison an honest man for debt, bnt such was not the object of the section. That I section would have no terrors for the ; honest man who was willing to pay what | he honestly owed. It would never interfere with him : but its great o'fe * was to reach ! the dishonest man, and t: ■ rindlers and ' to protect tho honest credit' rom imposi tion. He was not there to uphold any bill j that would tend to thwart the ends of justice, but was of opinion that if any por- i tion of the section was stricken out it would j result in injury to tho honest and well meaning creditor, it was proposed to 1 strike out ad of the section after the words “except f > debt” but he believed the bill was not. intended to deprive tho honest poor man of any of his rights any more than it did the rich man ; it only proposed to give the creditor the right to defend himself against the thieves and the swin dlers. GEMS OP ELOQUENCE—AFRICA SPEAKS A PIECE. M H Bentley (negro), was on his feet and the Chair said the' “gentleman had the floor,” and he proceeded to speak. He commenced by hoping the Reporter would not take it down wrong as he diu yesterday, and so the Reporter is very careful now, and must necessarily be in the future after this rebuke. “Now. gentlemenj, I want to know from you where is all the honest men of Georgia gone to ? that’s whijd I want to know now. I want to know from you what became of them ; that’s the question. I think this is the best thing you can do for the honest man. Why, gentlemen, in the place where 1 live the Jews sell poor colored men clothes for fifteen dollars that is not worth five. Yes, that’s what he does. It is ibund out and the Jew goes to the Judge and gives him a couple ot dollars and he gives the bailiff about a dollar and a half and that’s all that’s ever said about it.” It would be impossible to do this indi vidual justice by attempting to report verbatim what neither himself nor anbody else understood: besides the Reporter could not catch enough of his language audibly to know what he was driving at. It will suffice perhaps to say, that, if ho reported him wrong yesterday, when he did not speak at all, he is doing here an act of clemency now, by concealing his unfor tunate ignorance and assurance from the world. A RICH SCENE. R Cromley (negro), the Cataline of the the most potent, grave and reverend seniors, was the next orator, and such an individual, and such an oratory! It is vain to attempt to describe the oratorical powers of this sable genius. He was one moment in the pulpit, another in the prison (where rumor whispered he ought to beinreality), and another moment legislating for a na tion. Shades of Webster, oi Clay, of Madison, of Calhoun, and others, whither have ye tied? Will yc never more revisit the land ye loved so well, and inspire your degenerate successors with that pure and undying patriotism that once pervaded the breasts of Americans ? Let the public take a specimen of what our legislators can do. “I want,” said the negro, “the gentle men of the Convention to understand here, this morning, that the whole inhabitants of the State of Georgia are my people. ’ ’ Aye, that is the expression. “.My people” (irrespective of race or color), ‘ and I think 1 know something about human nature, and I am satisfied that every sensible man in the Convention knows what human na ture is.” [Laughter. | Here tho distiugushed orator was inter rupted by the preceding brother, who took occasion to ask him : “Were you never a driver on a plantation ?” Where upon said Cromley, raising himself up in his dignity, replied : “Thank you, sir, I have always been above driver on a plan tation.” That passed off very well, for' the indignant preacher (for such he is) whose pride in the moment of victory was but, alas, too soon to bo humbled by a brother of the white species. He, Crom ley, was in the act of saying that every man who did not pay his honest debts ought to be sent to jail. iNow this would indicate a good sound principle on his part, blit ho evidently had for in that those who “live in glass lit should not throw stones,” for C C 1 hardson stood up on the moment and put unto him the pertinent question : “At the time you was coming here was there not a bail warrant taken out against you because they thought you were about to leave the State?” Poor Cromley reeled but a moment be neath the weight of this (last assault, but lie not flinch for a moment. On the con trary, he came up to his work with renew ed energy, for this was not a time to quail, and said : “Well, I will reply to that. It is very true, your honor, I was owing a little money, and the man had a right to collect it, and if I did not, pay it he Siad a right to send me to jail.” “There is,” said he, “a great channel opened up by this amendment for thieves and scoundrels, both black and white, and I tell you in tiiis Convention to-day, that the whole State of Georgia is corrupt. [ Laughter.] The white man takes every advantage he can of the poor negro, and I toll you an other thing, and I want you ail to under stand me, too, that there is not a colored man in the house who has done more for this Convention than I.” A Alpeoria Bradley (negro), in a low tone, “He lies.” Cromley continued—“lt is as creditable to pay a Dutchman as an Englishman, and I am satisfied that the man that would not pay a Dutchman would not pay me.” [Laughter.] While he was thus discoursing, another colored brother, named Joiner, stood up and said : “If every man that does not pay his debts should be sent to jail, you ought to be sent there too.” [Loud laughter.] Cromley again proceeded. “Well, 1 will tell you I have heard a good deal of speak ing here to-day. I want you to give me some water, here, little boy.” [Laughter.] On he went again. “Weil, God Almighty help this Convention, if there is to be no im prisonment for debt.” [Continued laugh ter, and cries of “.-ilence and order” from the Chair.] Aaron Alpeoria Bradley (negro) came up at last. He could stand it no longer, and as he is usually finding fault with every thing done by the President, or whoever occupies the Chair,-he thought it high time that he should rise to a point of order. The Chairman said he was out of order, whereupon ho sat down saying: “He can go on; now, we have no rules.” Cromlcy again speaks. “I want these gentlemen to understand that while I am on the floor I know what I am talking about [laughter] ; and I say to you that if you will accept this amendment you will be confirming the words of Ben. Hill, and all them persons that speak about this Convention and say it is composed of thieves and blackguards.” [Prolonged laughter and some confusion, with cries of “order, order” from the Chair.] Bradley (negro), arose once more and said with a most offensive insinuation toward the Chair. “I want to ask tho gentleman (the speaker) as wo have no rules, will the Cretans probably succeed against the Turks?” [Laughter.] Chairman —That is not in order. Bradley (negro), “By what rule do you call me out of order?” Chairman—“By such rules as we have them here.” Some confusion here ensued, in which Bradley (negro) took a leading part, and was told by the Chair that, Cromley (negro) had the floor. Here and there, colored delegates asked a question which we could not understand. lie was yielded the floor by Cromley, who was about to resume, when Bradley (negro) arose to a point of order, saying tho speaker had yielded the floor, and he wanted to know if ho (the speaker) could | address them again. Chairman—The gentle has the floor. ! Cromley (negro), pro. ._d in a most i vehement and excited ina . ...r. “And I’ll tell you what’s more, gentlemen, whenever | you hear of me going to jail it will be ! because I have a right to go there.” Bradley (negro), Hear! hear! [Laugh ter.) At this stage of the.proceedings several members tried to put a stop to brother Cromley’s effusions, but in vain. Some moved to adjourn ; sonic cried out ques tion ; but they were met by the cool reply from Cromley—-“I teli you I wont yield ! any more until 1 get through.” Soon I after, however, finding that the excitement and confusion were on the increase he said: ! “Well 1 will stop,” and sat down, i No sooner had Cromley sank “from our j gaze,” than Aaron Alpeoria Bradley (negro), made his appearance. Hiscoun- I tenauce actually glistened with rage and i disappointment. lie looked to where the negro who had last spoken sat, and scowled ! j with such a fiendish expression of features i | (if they might be so-called), as left but j : little hope for the feelings of the unfbr- J ! tunate wretch. If it would not be profane j to apply poetry to such an impersonation of ignorance and audacity, well might the ] words of Byron be introduced : “And where his frown of hatred darkly fell, i Hope with’ring lied and mercy sighed farewell.” All eyes were turned at once on the object of his vindictiveness, and while all were prepared to hear something rich, he com menced by saying “that he would first pro ceed with his remarks on the subject under discussion, and for fear his feelings might overcome him too soon, and then come to his friend at the close. He spoke of the law of the different States and of the Uni ted States, and he went on to show the ab surdity of imprisoning poor men for debt, and when he had reasoned with that great logic so peculiar to himself upon the mat ters touching the question at issue, and satisfied himself, if nobody else, that he was what is commonly called, now-a-days, a “great commoner,” he faced his man. 1 Then occurred a scene which it would be [ difficult to portray. He smiled and sneer- i ed, and it would be difficult to say which ! was the most unearthly of the two. He lashed Cromley with a vengeance. He spoke about some person who had stolen some chickens from a man’s premises. M lien spoken to on the subject, said he would not do so again, and the next night at jhp same work as fresh as ever. ’* ho this was intended to apply to there cou.d he hut little doubt, and his language, though low and scurrilous, had one re deeming feature, which was, that it left no mystery m the minds of his hearers. U, t o be regretted that wc cannot fohow him, word for word, so that the world might be able to judge for itself of the state to which the people of the South arc reduced. lie was very mad, very mad ! indeed, about the manner in which h was 1 treated by the newspapers, and Lo could not help feeling very indignant at heitig called a “Massachusetts imported nigger,” when the tact was, he was a native of South Carolina. The newspapers took great delight in misrepresenting him. They made him say dis, dat, and t’other, and yet he eoukl not see why they should so ill use him. Poor, outraged A Alpeoria Bradley ! (negro.) Members Sherman, Richardson. Bed ford and Whitely favored the amendment, and spoke at "some length on the outrages which were sure to result to the poor man from its rejection. They denounced the original section as placing the debtor altogether at the mercy of rich creditors, and trusted the amendment would be ac cepted by the Convention. The cause of humanity demanded it, and all other States that had rejected arrest for debts | had flourished very well. J E Bryant also favored the amendment in a brief address. L N Trammell moved that the entire section be stricken out, as he had grown tired of the discussion. The motion was lost. Mr Akerman then addressed the Com mittee, and showed the statements of pre ceding speakers to the effect that the Con stitutions of the loyal States forbid impris onment for debt were incorrect. He read from the Constitutions of six or seven Northern States provisions similar to that in the old Constitution of Georgia, which allowed a fraudulent or absconding debtor to be imprisoned. lie exposed Bradley’s misrepresentations of the law of Georgia, and said that if there was oppression in Savannah the fault was not in the law, but in the administration of it. Referring to the arrears of Georgians for debt in New York, he asked why should not Georgia creditors have the same reme dy against New York debtors when found here? Bradley (negro) interrupted with the answer, “Because the New Yorkers put down the rebellion in Georgia.” To which Mr A responded by quoting the Constitution of the United States on the subject of the equal rights of the citizens of the several States. He pressed this ar gument with so much effect that even the noisy Bradley was silenced for the time. He replied to Mr. Whiteley’s argument that Texas had abolished imprisonment for debt in her constitution, reminding his hearers that when Texas made her consti tution she was the asylum of all the out laws of the continent, and that such a rule was very naturally adopted by such a people. The old rule worked well in tho country portion of the State, and this embraced nine-tenths of her population. A pood rule ought not to be set aside for occasional abuses. The question of tho proposition to strike out, next came in order, and the votes counted standing. They stood ayes 70 — nays 43. The fourth section as amended was then read as follows: “There shall be no imprisonment for debt.” Adopted. The discussion of this question created considerable anxiety among the parties ou either side and its close seemed to give re lief even to those who were defeated, i The Committee of the Whole, iuto which the house had resolved itself in the morn ing, now rose and reported progress. The Convention then adjourned to 10 a. m., next day. Decisions of tho Supreme Court, now In Session in Milledgeville. Rtported Specially for the Southern Recorder. John Phillips vs W S Gaston—From Ran dolph. Warner, C J—Whore tho defendant tendered Confederate money in payment of a note executed prior to the Ist of June, 1801, and the plaintiff refused to receive it, giving as a reason therefor, that “lie had become paymaster for some heirs.’’ Held that this was not such a legal tender as would stop the running of interest ou the note. Judgment affirmed. H Fielder for Pi’ll' in Error. Wm A Kuwson vs John W Jones ei at.— From Kandolph. Warner, C J—When an execution has been levied upon property of the defendant sufficient to pay the debt, and afterward such levy is dismissed by tho plaintiff without the sale of the property, tho mere fact of tho dismissal of the levy by the plaintiff' or by his order without move, does not destroy the lien of his judgment and postpone the same in favor of junior judgment creditors. Ryan vs Lie her, 30 th Ga. Rep., 443, considered and affirmed. Judgment reversed. II Fielder for Pl’ffiu Error. llood for Deft in Error. Wm G Price, Adai’r vs L D Munroo— From Calhoun. Warren, C J—When a certiorari is ap plied for under tho provision of Use Code (other than from the decision ol' the Infe rior Court and Court of Ordinary, which require the sanction of the J udgo), no no tice of the sanction ol the Judge is re quired; but a notice that a petition for a writ of certiorari has been filed in the office of the Clerk of 1 lie Superior Court for the removal of a ease from a Justice’s Court to the Superior Court, will be a sufficient no tice, the sanction of the Judge not being required. Held also, that the groundsof error com plained of were sufficiently stated in the petition for certiorari , Judgment af firmed. Lyon, DeGralfehreid and Shorter for Plaintiffin Error. Hood and L D Munroe for Defehdant in Error. James P Graves vs Peter J Strozier— From Gee. Warner, C J—Where a declaration has been filed in the Clerk’s office for se duction of plaintiff’s daughter, but has not been served on the defendant. Held that the filing of the declaration was sucli a commencement of the suit as to authorize an attachment to issue pendente tile. Held also, that au attachment may issue upon tho affidavit of the plaintiff' that he has instituted suit against the defendant in which he claims a certain specific amount of damages in an action ex delicto, the same being a money demand within the provisions of tho statute. Judgment af firmed. Lyon, DeGraffcnrlod & Shorter for Pl’ff in Error. John Davis and W A Hawkins for De fendant in Error. John W Baker vs Edward T Shepherd, Adm’r, Ac., of John T Warren, deo’d. — From Stewart. Warner, C. J.—Where a fi fa issued upon the foreclosure of a mortgage exe cuted by two tenants in common for lands owned by them jointly, upon a judgment of foreclosure against one of them only, thejff fa commanding the Sheriff to levy upon tho interest of the defendant in the described land, which interest appears in the body of they! fa to bo tho undivided half interest in the land as teuant-in-corn mon, as described In the mortgage ; and the Sheriff, in his levy describing tiie property levied on to be the “undivided one-half interest in and to the property levied on describing the same by num ber and district. Held that the Court below erred in re jecting the mortgage fi, fa when offered in evidence to the Jury, in a claim case. Held also, that it was error after rejecting 1 hefi fa for tho Court to have submitted tho case to the Jury and in allowing aver diet for the claimainL The plaintiff’s case should have been dismissed by tne Court. : —Judgment reversed. B F Worfll, Downing, for Plaintiff In ; Error. J E Wimberly and E II Beall, by the Reporter, for Defendant in Error. , Penfold Clay & Cos vs. P P Singleton— From Clay. Warner, C J—Where a promissory j note had been placed in the hands of an ! Attorney at Paw for collection, and suit had been instituted thereon in the name i of tho plaintiff's, the rightful owners there ! of, against the defendant, and pending the ] suit, the plaintiffs’ attorney, on his own motion, moved the Court to strike out the ] names of tho original plaintiffs and sub ! stitute in place thereof the names of a | party who had no legal valid title to said I note, and proceeded to take a verdict and : judgment in the name of such substituted | party against the defendant. Held that there was no error in the Court below in refusing to set aside the judgment on motion of the plaintiff's’ at torney in said case for the benefit of his clients, who were tho original plaintiffs in tiie cause, against the consent of the de fendant. The suit was in favor of citizen l7 of a Northern State, pending during the war. The Confederate States Receiver was the substantial plaintiff. Judgment i affirmed. S S Stafford, Sims & Jlo-.ver for Plaintiff j m Error. H Fielder for Defendant in Error, George W vs Sarah E Gardner— ] from Terrell. Warner, C J.—Where, in proceedings I under the provisions of the Act to eject in- j truders, the defendant omitted to state in i his affidavit “that he does in good faith ' claim a legal right to the possession of the land.” Held that there was no error in the judgment .of the Court belo .v in dis missing tho counter affidavit of the de fendant, or in refusing to receive another affidavit of the defendant after the dis missal of the first, when the Sheriff went to turn him out of possession under the order of the Court. Judgment affirmed. C B Wootten for Plaintiffin Error. V W Bosclair vs John Jones—From Ran dolph. Warner, C J—Where a trustee mort gaged the trust property to secure his In dividual dent, and upon a motion to fore close the mortgage as against him. Held that the mortgager could not set up a de fence against the foreclosure of the mort gage against himself, that the property so morgaged bv him is trust property. J udgmeut affirmed. Fielder A Jones for Plaintiffin Error. C B Wootten for Defendant in Error. Samuel A Grier et al. vs Geo N Hender son —From Terrell. Warner, C J—When a Bill is filed on the Equity side of the Court for a partition ofiands, and the facts alleged show that a refijfrn th?' Can ‘, U,ord “ or ° adequate reiici in the caso made by the Hill than l Court oflaw the in-en .<• i , l * 111 of Kcniitv W iii bon of the Court tn i juiiY will no refjiiinwi ,t i , . 1 ,i H Morgan lor Plaintiff in Error. Georpe F Kobersou Dmi-m \ J H Ross >fe Son, of—froinn dA , ason ’ Warner, C J-When" S iierty ' execute'! to secure the paySuff promissory notes, with a power wmh.inn therein to sell the mortiraireil ? u[>nn the terms aim said notes and mortgage having b£n transferred to a third party (before duo) who c'aiu.s to be a bona fide holder thereof. Held, that iqwm a motion to dissolve an injunction against the holder of said notes and mortgage, tho holder was enjoined from selling under the power given by tho mortgage, who denies Jli fraud in the pro curement of the same, the injunction should he dissolved; that fraud in Die pro curement of a note, as stated in tho Code means fraud in tiie procurement of it by tiie holder thereof and not fraud in its pro curement as between tiie original parties of which the holder had no knowledge' Judgment aflirmetl. * \\ right A Warren Hawkins for Pi’ll' in Error. John o Davis, Strozier A Smith and F ii West for Deft in Krtor. Moses P Green vs iienj F Ilaii- From Richmond. \\ ARNEit, j I—Where a note was execu ted on the lit,, of October, 1351, due ono day after dm : pon which there was en tered tho foil rig credit, subscribed by the holder thereof; “Received of James \ lenipletou for Ann C Fulcher, executrix on ti lt . estateof William Fulcher, deceased, the sum of two hundred and forty-four dol.ars and fifty-six cents.” Held, that tins j red it on the note, not being subscribed by the maker thereof, and there being no rirUrlrtf n ,, was Jo 'ie by herautliority mo Vi dbV tho a, “ of I! *>L <liil not pre i r tUo statuteoflimitation. Held also that the act of 1&51 took effect from the time of its passage, and not from firmed. 801 * U I'ubheaLion. Judgment at- Erroi! MiUBr ’ H W llll|,;ard for Pl’ffin John TShetvmako for Deft in Error. James S Greene vs John A Shields—From Sumter. . IlA ® Rls « J—l- When the motion is made to maxe award the judgment of the Court, the paity dissatisfied should then make h s objections, and especially such as are wh t i h ? I ff M l ' y i llO arb ßrament under " 11 m 10 award was made. 2 j Thc noti(; e given by tho Arbitrators to the party plaintiff in error of tho award previously to the motion in Court to make tho award the judgment of the Court was a substantial compliance with the require ment oi the Arbitration Act. 3. If the rights of the plaintiff' in error nail been essentially prejudiced by the omission to give him notice previous to the commencement of the term of the Court at which tho judgment on the award was rendered, he cannot by the process of l,legality which ho has employed in this case, go behind tho judgment to procure tho redress sought. J uugmeut affirmed. C T Goode for Plaintiff in Error. M K McCay for Defendant in Error David Meyer vs. G W Keed and! Co—From Fulton. Harris, J—lnterest on tho notes sued ou m this ease, were suspended during the continuance of hostilities in the recent war between the citizens of Penusylvauia and of Georgia, and is not recoverable for that period of time—Judgment rovorsed. Brown and Popo for Plaintiff' in Error AW Hammond & Son for Defendant iti in Error. J S Jones vs, A McCrea—From Sumter. Harris, J—After a verdict at law in Ejectment, a bill in Equity for anew trial so as to enable a witness who was examin ed on the trial below to correct a mistako iu his testimony as to the commencement of the occupancy ot the defendant in said Ejectment suit, who replied on a statuto ry titlo ought not to ho entertained. This case is within tiie decision in Mitchell vs. Printup, 25 Geo. Rep., Is2—Judgment affirmed. McCay & Hawkins forPlaintiffin Error. J J Scarborough for Defendant in Error. SII Williams vs James D Green—From Leo. Harris, J.—Upon the written contract between the parties in this case, the com plainant, Green, who rented the land to Williams for the year 1867, is at most, upon tho facts in the record, entitled only to tho restraining process of injunction to prevent tiie said Williams from carrying off thc cotton made ou the plantation to any place except to the point- mentioned in the contract, and to them for the pur pose of complying with the colitis qtor dis posing of any of it by safe or otherwise, until tho rent, whatever it may rightfully bo, is paid. Complainant has no legal or equitable right to dispossess Wiiliamsand to have tho premises and gathered and un gathered crop placed iu the hands of a re ceiver. Holding tiiat tho granting of the injunc tion in tiie cause beyond the limit stated was erroneous, we direct the Judge below to roseind iiis order appointing a receiver, and order Williams io he restored to pos session. And further, that the Judge should continue the injunction, to mould it so as to conform to these instructions. J udgment reversed. West, Kimbrough and Hawkins for Plaintiff in Error. C T Goode for Defendant in Error. Win S Jones vs Edward W Darker— From the City Court of Augusta. Harris, J—The Judge below ruled in this case, that the act ot Congress of the United States declaring certain Treasury notes of tiie United States to ho u legal tender for the payment of debts from ouo citizen to another, so far as that act re lates to contra, ts made and entered into prior to tho passage of that act, to ho un constitutional and void. This decision is reversed for tho reason that we are absolutely controlled by tho decision ol the Supreme Court of tho United States recognizing the constitu tionality of 'tiie act of Congress making Treasury notes a legal-tender. [See caso ofj W and Wm Thompson vs Goorgo W Biggs and Adolphus ICickhorfoe. Opinion delivered, by Justice Ciifford, December Term, 1866. —Judgment reversed. Matthews & Reed for Pi’ll'in Error. Ii Stephens for Def’t in Error. William J Reid vs Newton Brinson—From Dougherty. Harris, J—Upon an issuo formed bv a distress warrant for rent and tho counter affidavit made by the renter, denying his indebtedness as due, in whole or in part the affidavit upon which the distress warrant issued and tiie warrants are not either separately or conjointly evi dence for the plaintiff in tho support of his demand on the trial of such issue. The demand of plaintiff should be established by such testimony as would be sufficient in courts of law upon tiie trial of other moneyed demands. Judgment in certiorari reversed. In tho above case the Court did decide, as the point was not necessary to the dis position of it, but intimated its opinion, “that the counter affidavit ol the defendant should specifically state the amount of plaintiff’s demand for routwhich is denied to be due ; and that a denial in tho mere words of the Act of the Legislature, was not a compliance with its spirit and inten tion. Strozier A Smith for Plaintiffin Error. Wright A Warren for Defendant in Error. Wm L Aycoclt, Sheriff, vs Wm L Mar tin”—From Bartow County. Joshua T Cunningham, Sheriff', vs Wm A Colcough—From Oglethorpe County. Alexander B Hendry, vs John McGunn, el al —From Randolph. Harris J—The judgments of the Supe rior Courts in the three above cases are affirmed. A majority of the Supreme Court holding that the first arm fourth sections of the act of the Legislature of Georgia passed the 12th Dec., 1866, entitled an act for tne relief of the people of Georgia and to prevent the levy and sale of proper ty under certain circumstances are in j violation of that clause of tho Constitution I of the United States which prohioits any ; State Legislature froni passing any Jaw ] impairing the obligation of contracts. Also, that said act of December, 1860,18 violative of that clause of tiie Constitution j of Georgia which prohibits ttio Legislature ] from passing any retroactive lawoperating ; injudiciously upon the right of tho citizen. Juilgo Walker dissenting. In addition to the above grounds upon which the abovo cases have been disposed of. I state two others to which tho act of 1866 is obnoxious. 3. That the 4th section of the Act of De i comber, 1806, is an interference with.tho ; execution of tiie judicial process of the ! Courts by the officer of the Courts, and is in this respect violative of thoso clauses of the Constitution of Georgia distributing tho powers of tho Government among tho three departments thereof, and prohibiting the exercise by the Legislature of any of the powers belonging to the Judiciary. 4. And further, that the Legislature have no power to niter or modify any judgment of the Superior Courts or this State, or by law to arrest or suspend the mifoiceinont of such judgment.— Harris, .). Wofford, Parrott A Coxe, Matthews <& Reid, II Fielder for Plaintiffs in Error. Akin, L Stephens, E R Harden, A Hood A Kiddoo for Defendants in Error. Henry Suminerfield, Administrator of •Sullivan, vs James Gilbert, N Allio— From Lee. Harris, J—James Sullivan mado a deed, assigning all bis property to pay his debts to Gilbert and all other creditors, and if there should be a surplus giving tho same to his sisters—possession of the prop erty accompanied the delivery of the deed. Held that all the title and interest of the said Sullivan in and to said property pass ed out of him fully and absolutely by said Sullivan dying without any property whatever, there is no estate out of which his widow can be allowed the year s sup port authoriz 1 by law. The injure' ion applied for was properly refused. Judgment affirmed. Kimbrough and Hawkins, by N A Smith, for T : Jin Error. F H West for Deft in Error. Nelson Jones, Principal, and James Scott, Accessory, vs The State—From Lee—As sault with intent to murder, Harris, J—The motion in arrest of judgment was incorrectly made and prop erly overruled. Judgment affirmed. The .notion also for now trial was over rUj^i IJ ;brough aud Goode for Plaintiff in E 5°A Smith, Sol. Gen’l, for the State. The Southern Express Cos., vs Geo T Barnes, Trustee —From Richmond. Warner, C J—ln this case the Express Cos claimed that, because no notice of tho loss was given till two years after the loss occurred and because tho receipt specified that thoy wero not to be liable unless notice was given in ninety days after shipment, they were not liable. Tiie shipment was from Memphis just before the Federal Army look it and cut off' communication
