J O TJ ]R jST A. L OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY. I COMMENCED AT ATLANTA, JANUARY 10, 1870. ATLANTA. GEORGIA: PKIxNTED BY THE PUBLIC PRINTER. 1870. JOURNAL. Atlanta, Ga., January 10, 1870. In pursuance of a proclamation by his Excellency Rufus B. Bullock, Provisional Governor of Georgia, the House of Representatives convened this day at twelve o'clock m., at the Capitol, in the city of Atlanta. The House was called, to order by Hon. A. L. Harris, Clerk pro tem., appointed by his Excellency the Provisional Governor to organize said House under Act of Congress, approved December 22, 1869. The proceedings were opened with prayer by Rev. C. TV. Francis. The Clerk pro tem. then directed to be read the procla¬ mation of his Excellency the Provisional Governor con¬ vening the General Assembly of the State of Georgia, as follows: A PROCLAMATION. georgia. By Rufus B. Bulloclc, Provisional Governor of said State. Atlanta, Ga., December 22, 1869. By virtue and in pursuance of an Act of Congress to promote the reconstruction of the State of Georgia, ap¬ proved December 22, 1869, of which the following is a copy, to-wit: "An Act to promote the resconstruction of the State of Georgia. 4 JOURNAL OF THE HOUSE. , ,, ^ . nY.j T-Touse of Representatives of " Be it enacted by the Senc. _ , assembled, That the the United States of America m Cong, esse ' Governor of the State of Georgia be, and hereby is, au¬ thorized and directed forthwith by proclamation to sum¬ mon all persons elected to the General Assembly of said State as appears by the proclamation of George G. Meade, the General Commanding the Military District including the State of Georgia, dated June 25, 1868, to appear on some day certain, to be named in said proclamation, at Atlanta, in said State, and thereupon the said General As¬ sembly of said State shall proceed to perfect its organiza¬ tion in conformity with the Constitution and laws of the United States according to the provisions of this Act. " Sec. 2. And l>e it further enacted, That when the mem¬ bers so elected to said Senate and House of Representa* tives shall be convened as aforesaid, each and every mem¬ ber and each and every person claiming to be elected as a member of said Senate or House of Representatives shall, in addition to taking the oath or oaths required by the Constitution of Georgia, also take and subscribe, and file in the office of the Secretary of State of the State of Georgia, one of the following oaths or affirmations, namely: "' I do solemnly swear—or affirm—as the case may be— that I have never held the office or exercised the duties of a Senator or Representative in Congress, nor been a member of the Legislature of any State of the United States, nor held any civil office created by law for the administering of any general lawr of a State, or for the administration of justice in any State or under the laws of the United States, nor held any office in the military or naval service of the United States, and thereafter engaged in insurrection or rebellion against the United States, or gave aid or comfort to its enemies, or rendered, except in consequence of direct physical force, any support or aid to any insurrection or rebellion against the United States, or held any office un¬ der or given any support to any government of any kind organized or acting in hostility to the United States or levying war against the United States. So help me God or on the pains or penalties of perjury, as the case may MONDAY, JANUARY 10, 1870. 5 —or the following oath or affirmation, namely: {I do sol¬ emnly swear—or affirm, as the case may be—that I have been relieved by an Act of the Congress of the United States from disability as provided for by section three of the Fourteenth Amendment to the Constitution of the United States. So help me God—or on the pains and penalties of perjury, as the case may be'—which oath or affirmation, when so filed, shall be entered of record by the Secretary of State of the State of Georgia, and said oath or affirmation, or a copy of the record thereof, duly certified by said Secretary of State, shall be evidence in all courts and places, and every person claiming to be so elected, who shall refuse or decline, or neglect, or be una¬ ble to take one of said oaths or affirmations above provided, shall not be admitted to a seat in said Senate or House of Representatives, or to a participation in the proceedings thereof, but shall be deemed ineligible to such seats. "Sec. 3. And be it further enacted; That if any person claiming to be elected to said Senate or House of Repre¬ sentatives as aforesaid, shall falsely take either of said oaths or affirmations above provided, he shall be deemed guilty bf perjury and shall suffer the pains and penalties thereof, and may be tried, convicted and punished therefor by the Circuit Court of the United States for the District of Georgia, in which district said crime was committed, and the jurisdiction of said court shall be sole and exclu¬ sive for the purpose aforesaid. " Sec. 4. And be it further enacted, That the persons elected as aforesaid, and entitled to compose such Legis¬ lature, and who shall comply with t'>e provisions of this Act by taking one of the oaths or affirmations above pre¬ scribed, shall thereupon proceed in said Senate and House of Representatives to which they have been elected re¬ spectively, to reorganize said Senate and House of Repre¬ sentatives respectively, by the election and qualification of the proper officers of each House. " Sec. 5. And be it further enacted, That if any person shall by force, violence or fraud, willfully hinder or inter- rapt any person or persons elected as aforesaid from taking 6 JOURNAL OP THE HOUSE. either of the oaths or affirmations prescribed by this Act, or from participating in the proceedings of said Senate or House of Representatives after having taken one of said oaths or affirmations, and otherwise complied with this Act, he shall be deemed guilty of a felony and may be tried, convicted and punished therefor by the Circuit or District Court of the United States for the District of Georgia, in which district said offense shall be committed, and shall be punished therefpr by imprisonment at hard labor for not less than two nor more than ten years, in the discretion of the court, and the jurisdiction of said courts shall be sole and exclusive for the purpose aforesaid. " Sec. 6. And be it further enacted, That it is hereby de¬ clared -that the exclusion of any person or persons elected as aforesaid, and being otherwise qualified, from partici¬ pation in the proceedings of said Senate or House of Representatives upon the ground of race, color or pre¬ vious condition of servitude, would be illegal and revolu¬ tionary, and is hereby prohibited. "Sec. 7. And be it further enacted, That upon the appli¬ cation of the Governor of Georgia, the President of the United States shall employ such military or naval forces of the United States as may be necessary to enforce and execute the preceding provisions of this Act. " Sec. 8. And be it further enacted, That the Legislature shall ratify the Fifteenth Amendment proposed to the Constitution of the United States before Senators and Representatives from Georgia are admitted to seats in Congress." I hereby issue this, my proclamation, to summon all persons elected to the General Assembly of the State of Georgia, as appears by the proclamation of George G» Meade, the General Commanding the military district in¬ cluding the State of Georgia, dated June 25, 1868, who are qualified, to appear at Atlanta in said State on Monday, the tenth (10th) day of January next, wdiereupon such of the said persons as are qualified to hold office in accordance with the provisions of the acts of Congress in such cases made and provided, will be organized in the Senate and MONDAY, JANUARY 10, 1870. 7 House of Representatives respectively, as the Provisional Legislature of the State of Georgia, for the purpose of promoting the reconstruction of civil government in said State, in accordance with the laws of the United States. Rufus B. Bullock, Provisional Governor. The Clerk pro tem. directed the reading of the following order of his Excellency the Provisional Governor, author¬ izing and directing the organization of the House of Rep¬ resentatives : Atlanta, January 8, 1870. " In pursuance of an Act of Congress to £ promote the reconstruction of the State of Georgia,' approved Decem¬ ber 22, 1869, it is ordered that Hon. A. L. Harris, as Clerk pro tem., will proceed to organize the House of Rep¬ resentatives. " He will call the body to order at 12 o'clock m., on Monday the 10th instant, in the hall of the House of Rep¬ resentatives. " The names of the persons proclaimed as elected mem¬ bers of the House of Representatives in the order of Gen¬ eral Meade, dated Headquarters Third Military District, Department of Georgia, Florida and Alabama, Atlanta, Georgia, June 25, 1868, General Orders, No. 90. "As each name is called the person so summoned will, if not disqualified, proceed to the Clerk's desk and take the oaths, or make affirmation, as the case may be, pre¬ scribed in the said Act, before Judge Black, United States Commissioner, who will be present and administer the same. " "When the oaths are so executed, they will be filed with the Honorable the Secretary of State, or his deputy, who will be present. " When all the names mentioned in said order of Gen¬ eral Meade have been called, as before provided, such of the persons as have qualified will thereupon proceed to organize by the election and qualification of the proper officers. Rufus B. Bullock, " Provisional Governor." 8 JOURNAL OF THE HOUSE. The following order of General George G. Meade was directed by the Clerk pro tern, to be read. Headquarters Third Military District, (Department of Georgia, Florida and Alabama,) Atlanta, Georgia, June 25, 1868. General Orders, No. 90. " From the returns made by the boards of registration of the election held in the State of Georgia for a Governor, members of the General Assembly and other officers, un¬ der the provisions of General Orders No. 10, issued from these headquarters, which election commenced on the 20th day of April, 1868, and continued four days, it ap¬ pears : " 1. That, at the said election, Hon. B. B. Bullock re¬ ceived a majority of all the votes cast for Governor of the State of Georgia. " 2. That, at said election, the following named persons were elected Bepresentatives in the General Assembly of said State from the counties to their names respectively attached, viz:" The Clerk pro tem. then directed the calling of the roll of the House, and the administering of the oaths, as di¬ rected by congressional enactment heretofore read—the oaths to be taken before United States Commissioner Judge Lawson Black. The calling of the roll proceeded as follows: Appling Ishani Raddisk j Sworn. Baker ;A. M. George s|No response. Baldwin j Peter O'Neil « j Sworn. Banks Win. R. Bell I Sworn. Here Hon. William B. Bell, of Banks, presented the fol¬ lowing communication, which the Clerk pro tem. directed to be read: MONDAY, JANUARY 10, 1870. 9 Mr. Clerk pro tem. :, I deem it to be very important tliat the official construc¬ tion given to the oath by the General commanding this District should be read, so that we may all be advised as to its true meaning. I ask that it be read for information. In conformity to this request from a qualified member, the Clerk pro tem. directed the reading of the following opinion of the Attorney-General of Georgia, and the en¬ dorsement thereof by Major-General Terry, commanding this district: " Executive Department, Atlanta, Georgia, January 8, 1870. "Hon. H. P. Farrow, Attorney -General: "Sir—Your attention is directed to the following extract from a letter containing an opinion published in the Con¬ stitution newspaper of this morning, which leads me to invite your opinion as to the scope of the oath provided for members of the Provisional Legislature by the last Reconstruction Act: "'But there are some offices the holding of which does not disqualify. For instance, one may have held the office of State Librarian and afterwards engaged in some act of hostility to the United States, but this is not such an office as, in connection with such an act, will render the person who holds it ineligible, because it is not an office for the ad¬ ministering of any general law of the State, or for the administration of justice. In fact, the Librarian is not an officer for administering any general law. He is an officer to take charge of and take care of the books, and for nothing else. What law does he administer? "And so with*"regard to the mayors and aldermen of municipal corporations. * They are not officers for the administration of any general law of the State. They are officers for administering their own local laws, which have no operation beyond the limits of their respective corpo¬ rations. " The opinion given by the writer of the letter referred 10 JOUBNAL OF THE HOUSE. to is, that, having held the office of State Librarian or mayor of a city, and afterwards given ai 01 com o ^ the rebellion, or holding office under a government ^ y- inc on such rebellion, would not disqualify. This opinion, taken in connection with the editorial comment, and with the fact that members are affected by the precise condi¬ tions named by the writer, renders it important that an authoritative opinion should be made public, covering the legal construction of the oath in the Act referred to. " Very respectfully, Eufus B. Bullock." Attorney-General's Office, Atlanta, Georgia, January 8, 1870. " Sir : Your communication of this date, requiring my written legal opinion as to the character of the oaths pre¬ scribed for the members of the General Assembly by the terms of the law recently enacted by Congress, entitled ' An Act to promote the reconstruction of the State of Georgia,' has been received, and I will proceed, without delay, to comply with the same by submitting my official opinion. Being a judicial officer, sworn to support the Constitution and laws of the United States, and being also sworn to render your Excellency my written legal opinion whenever called upon for the same, it becomes necessary for me, in the discharge of this duty, to lay aside all other considerations and direct myself to the one inquiry, what is the law? "This is an oath,to be administered, under the laws of the United States, by some one authorized by the same to administer oaths to all persons elected to the General Assembly of the State of Georgia, as appears by the proc¬ lamation of George G. Meade, the General commanding the Military District including the State of Georgia, dated June 25, 1868, when they shall have convened in pursu¬ ance with the proclamation of your Excellency, bearing date December 22, 1868. " In substance and legal effect, the person who takes MONDAY, JANUARY 10, 1870. 11 this oath declares that he has never held any office of any kind under the United States, or any civil office under any State, the duties of which civil office were for the adminis¬ tration of justice, or for the administration of a general law of the land, and thereafter engaged in rebellion, etc. " If a citizen ever in the course of his life held any office of any kind, civil, military or naval, under the United States Government, he cannot lawfully take this oath, if thereafter he has done either of the things subsequently specified. If he held no office of any kind, either State or national, before the rebellion, he can legally take the oath, no matter what' may have been his conduct during the rebellion. "An office, as defined by Webster, is a 'particular duty, charge or trust, conferred by public authority and for a public purpose,' and any one who has occupied such a position has ' held an office.' "If the office was created under the laws of the United States, it is included, whether it be civil, military or navaL But if the office was created under State authority, the oath does not include all offices, but only a certain class of offices. If, however, the duties of the office were, in any degree, of a general civil character, as if, for instance, a militia captain had the powers or duties of executing any general civil law by virtue of his office, clearly the ' office' is an office within the meaning of the oath. The mere name of an office cannot fix its character—that must be determined by the character of the powers and duties of the office. " By this oath the ' office' held under any State must be first an office ' created by law;" that is, authorized or pro¬ vided for by some law of a State ; and it must be for ' the administration of a general law of a State, or for the ad¬ ministration of justice.' " These words are very comprehensive and include all officers whose duties are the execution of a general law or the administration of justice, but do not apply to officers who administer local law alone. As, for instance, officers of local corporations, whose powers are strictly confined 12 JOURNAL OF THE HOUSE. to the administration of the local law. But if these o have duties under the general laws, as if any o . . have ex officio the powers of a Justice of the Peace o in criminals over to court, or to arrest persons foi t e vio tion of a general law, then they have powers an u i®s under general laws and are included in the terms o t is oath. It will be observed that it is not required that one shall have performed any duty or taken any partic ai oath of office, or that the office shall have been of any particular grade or dignity. But in its comprehensive sweep it includes all civil officers of every character, crea¬ ted by law and having duties fixed by other than mere local law made for a special locality. An office may be created for local purposes chiefly, but may be invested with powers foreign to the local purposes for the general public good, which brings them in the list. "We have in Georgia many 'officers' of an humble character, but nevertheless included under this law as 'officers.' " I submit the following list of officers, which, in my judgment, under the rules I have mentioned, are included under the terms of the oath: " 1. Governor and such secretaries of the Executive De¬ partment as are provided for by law. " 2. All members of the Legislature and the officers provided by law of each House. " 3. Members of the State Conventions held under au¬ thority of law and the officers of such Conventions. " 4. Secretary of State, Comptroller General, Surveyor General, Treasurer, Librarian, and Superintendents of the various Asylums and Public Institutions of the State, with such other ' officers' therein as are provided for by law. " 6. The Principal Keeper, Assistant Keeper, Chaplain, Book-keeper and all other officers of the Penitentiary pro¬ vided for by law. l. Judges of the Supreme Court, Clerk and Reporters. 8. Judges and Solicitor General of Superior Courts and clerks of such courts. .MONDAY, JANUARY 10, 1870. 13 " 9. Judges of the City Courts and of the Inferior Courts and clerks of such courts. " 10. Ordinaries and clerks of Court of Ordinary. "11. Sheriffs, Deputies, Jailors and Coroners, County Treasurers, Tax Collectors, Tax Receivers and Surveyors. " 12. Magistrates, Notaries Public, Constables and Road Commissioneis. " 18. Officers of towns or cities who by virtue of their offices were authorized to issue warrants or make arrests, for the violation of any general law of a State. " 14. United States officers of every kind, civil, military or naval, legislative, executive or judicial, commissioned or non-commissioned. In other words, any one selected by authority of law for the performances of any duty for the public under a law of the United States. There may be other officers which have been overlooked, for in this list should be included all persons 'appointed by public authority to carry into effect the provisions of any general law of a State, whether the sphere of duty of the officer includes the whole State or is confined to localities.' " Under this rule I have included 'Constables, Notaries Public and Road Commissioners.' I have done so because they, each of them, undoubtedly administered and execu¬ ted general laws. " A Notary Public protested notes, administered oaths upon which to issue bail writs and issued attachments and was entitled to fees. " Road Commissioners held courts, gave judgments and issued executions, and in many ways administered general laws. They, as well as Constables, Sheriffs, Judges and other officers known to the law, are the machinery by which the public laws are administered. " But as contemplated by this oath, it is not enough to render one ineligible to a seat in the Legislature, that he shall have held office. To be ineligible, he must ' after¬ wards' have done some one of the disqualifying acts re¬ ferred to in the latter portion of the oath. These are— "1. Insurrection or rebellion against the United States. "Doubtless this refers primarily to those who have 14 JOURNAL OF THE HOUSE. borne arms, or engaged, as active partisans, in canning on war against the United States, by legislating, by meetings, acting in State Conventions, and other unarmed modes of conducting and carrying on and furnishing means of wai. " 2. Gave aid and comfort to the enemies of the United States. "'Aid' is easily understood: assistance, by means of food, money, credit, advice, information, etc. 'Comfort' is a legal term, and is defined to mean ' support, assistance, encouragement.' "3. Or rendered, except in consequence of direct physi¬ cal force, any aid or support to any insurrection against the United States. " It will be observed that this clause contains a qualifi¬ cation that the aid here referred to, if rendered in conse¬ quence of direct physical force, is excepted. It will be noticed, too, that this clause refers to aid to the insurrec¬ tion, or rebellion, and not to comfort and assistance to the individual enemies of the United States. " 4. Nor held any office under or given any support to any government of any kind, organized or acting in hos¬ tility to the United States, or levying war against the United States. "'Held any office under.' It will be noticed that the word is not simply ' taking' office under. In all of the States the rebel governments were, for the most part, 'offi¬ cered' by the old officers holding over—'holding' under the new organization—accepting the situation—taking part, or acting as officers under the new government or¬ ganized in hostility to the United States. Without doubt, such officers 'held office' under the rebel government and cannot take the oath if they had previously held anv of the specified offices. "' Giving support to' any government is also mentioned, and this is not support to the rebellion, not aid and com¬ fort to the enemies of the United States, but support to any government of any kind organized in hostility to the United States. MONDAY, JANUABY 10, 1870. 15 "Webster defines 'support' to mean, 'the act of up¬ holding or sustaining.' "A man supports a civil organization by doing any act calculated to support or perpetuate it. "The whole oath is, in my judgment, intended to ex¬ clude from the Legislature any person who, having once held any office under the United States, or any of the spec¬ ified offices under any State afterwards, except in conse¬ quence of direct physical force, gave any ; id, assistance, encouragement or help to the rebellion, or who participated in any civil government organized or acting in hostility to the United States by ' holding office' under it, or by giving it any support or assistance, or in any way upholding or taking part in it as one of its public members. "In regard to the published opinion to which you have referred me, and the special cases therein cited, I have only this to say: "What is a general law? I take it that it is a law in which the whole State is interested, as distinguished from one which refers only to one locality. Any officer who has duties at the Capitol for the whole State administers a general law, because he acts for the whole State. To ad¬ minister a law is to act as its agent—to enforce it—to per¬ form duties under it—to act as its minister, and any one, who is appointed by public authority to perform the duties of an office, having reference to the interests of the whole State as a body politic, is an officer for the administration of a general law. "The case of officers of cities, etc., I have already al¬ luded to, to-wit: I have said that where the duties of those officers are only local, they are not officers to administer a general law. But if they be ex officio Justices of the Peace —as for instance, if they have powers to bind over offen¬ ders against any general law for trial before the Superior Court, or if they have power to issue warrants or make arrests for the violation of a general] law, then they are 'ministers' of it and administer a general law. " Is it a general law that if one violate the general crim¬ inal law a warrant shall issue against him, he shall be 16 JOUKNAL OF THE HOUSE. arrested, an examination be had, and he be bound over to answer his offense? If so, any one who w authorized y law as an 'officer' to take part in-the proceedings is an oft- cer for the administration of a general law. ^ " The only other special case put in the opinion to 'which you refer is that of State Librarian. "In my judgment he is a specified State officer. His office is created by law; he receives a salary from the State Treasury, and his duties pertain to the interests of the whole State, and not to any particular locality. The duties of this officer are prescribed by the general law, (Code, § 67, § 1050, § 1062, and other sections,) and the law fixing these duties formed a part of the general law. Indeed, there is no county in the State in and concerning which the Librarian has not duties—since the whole distribution of the laws is in his charge, and his official duties bring him in contact, as the* agent and 'minister' of the law, with various persons in every county of the State. " I am, very respectfully, H. P. Farrow, Attorney-General. " To Governor R. B. Bullock." "Atlanta, January S, 1870. " In pursuance of an act of Congress ' to promote the- reconstruction of the State of Georgia,' approved Decem¬ ber 22, 1869, it is ordered that J. G. W. Mills, Esq., as Clerk pro torn., will proceed to organize the Senate. " He will call the body together at 12 o'clock at., on Monday, the 10th instant, in the Senate Chamber. " The names of the persons proclaimed as elected mem¬ bers of the Senate in the order of General Meade dated Headquarters Third Military District, Department of Georgia, Florida and Alabama, Atlanta, Georgia June 25 1868, General Orders, No. 90. * " As each name is called the person so summoned will if not disqualified, proceed to the Clerk's desk and take the oaths or make affirmation (as the case may be) pre- MONDAY, JANUARY 10, 1870. 17 scribed in the said act, before Judge Smith, United States Commissioner, who will be present and administer the same. " When the oaths are so executed they will be filed with the Honorable the Secretary of State, or his deputy, who will be present. " When all the names mentioned in said order of Gen¬ eral Meade have been called, as before provided, such of the persons as have qualified will thereupon proceed to organize by the election and qualification of the proper officers. Rufus B. Bullock, " Provisional Governor." "Atlanta, January 8, 1870. " General A. H. Terry, Commanding District of Georgia: " General—In the absence of any specific provisions in the law providing for the manner of effecting the organi¬ zation of the two Houses of the General Assembly, I pro¬ pose to issue the enclosed instructions and desire your opinion in regard to them. "I am, General, very respectfully, "Rufus B. Bullock." " Headquarters Military District of Georgia, "Atlanta, January 8, 1870. tan. WEDNESDAY, JANUAKY 12, 1870. 21 Atlanta, Wednesday, January 12, 1870. The House was called to order by Hon. A. L. Harris, Clerk pro tem. The proceedings were opened with prayer by Eev. J. W. Lee. The Clerk pro tern, announced that the calling of the roll having been suspended with the county of Oglethorpe would be resumed with the county of Paulding. The calling of the roll was proceeded with as follows: Paulding Pickens Pierce Pike Polk Pulaski Pulaski S. F. Strickland., S. A. Darnell R. W. Carpenter. R. A. Seale S. H. Walthall. .. J. M. Buchan .... :S. F. Saulter S. C. Prudden.... L. C. A. Warren. . W. M. Tumiin... D. Goff E. Tweedy J. E. Brvant T. P. Beard McK. Fincannon . Thos. F. Rainey.. W. D. Hamilton.. J. T. Ellis C. C. Humber . .. J. K. Barnum G. N. Harper J. A. Cobb M. Bethune J. T. Costin W. F. Hoi den. .. R. C. Surrency... F. Wilchar F, M. Harper J. R. Evans W. C. Carson J. H. Caldwell.. . . J. T. McCormick. EEMAEKS. Sworn. Sworn. No response. Sworn. Sworn. Sworn. Sworn. Sworn. Sworn. Sworn. No response. Sworn. Sworn. Sworn. Sworn. Sworn. Sworn. No response. Sworn. Sworn. Sworn. Sworn. Sworn. Sworn. Sworn. No response. Sworn. Sworn. Sworn. Sworn. Sworn. Sworn. The Clerk pro tem. here announced that the House would take a recess until Thursday, January 13, at 12 o'clock M. Whereupon the House took a recess at 2 o'clock P. M. Correct: A. L. Harris, Clerk pro tem. JOURNAL OF THE HOUSE. Atlanta, Thursday, January 13, 1870. The House was called to order at 12 o clock M., by Hon. A. L. Harris, Clerk pro tem. The proceedings were opened with prayer by Rev. Wes¬ ley Prettyman. The Clerk pro tern, announced that the calling of the roll having been suspended with the county of Troup, would be resumed with the county of Twiggs. The caliiag of the roll was proceeded with as follows: Twiggs H. Hughes No response. Towns G. W. Johnson Sworn. Union Upson Walker Walton Warren Warren Ware Washington. Washington. Wayne J. H. Penland No response. J. G. Drake No response. W. B. Gray Sworn. J. B. Sorrell Sworn. John Neal Sworn. S. Gardner Sworn. J. D. Smith Sworn. R. W. Flournoy No response. W. G. Brown Sworn. G. W. Rumph Sworn. The Clerk pro tem. here directed the reading of the fol¬ lowing order: " Atlanta, Ga., January 13, 1870. " That an investigation may be made into the right of certain persons to hold seats in the House of Representa¬ tives under the reconstruction acts, it is ordered that the Clerk pro tem., as soon as the calling of the roll shall have been completed, will declare a recess until Monday next at 12 o'clock m. " (Signed) Rufus B. Bullock, " Provisional Governor." " Headquarters Military District of Georgia, " Atlanta, Ga., January 13, 1870. " In order that time may be given for an inquiry into the qualifications of certain persons who are alleg^ to be MONDAY, JANUABY 17, 1870. 23 ineligible to seats in the House under the reconstruction acts, I approve of the foregoing order. "(Signed) Alfred H. Terry, " Brevet Major-General Commanding." The Clerk pro tem. directed the calling of the roll to be resumed. The calling of the roll was proceeded with as follows: COUNTY. "Webster White Whitfield Wilcox Wilcox Wilkinson Worth G. L. Rosser. 0. H. Kytle.. 1. E. Shumate D. Johnson... E. Belcher ... c. H. Hooks . J. M. Rouse.. Sworn. Sworn. Sworn. No response. Sworn. Sworn. No response. The Clerk pro tern, here announced that, in conformity with the foregoing order, the House would take a recess until Monday, January 17, at 12 o'clock M. Whereupon the House took a recess at 1:30 p. m. Correct: A. L. Harris, Clerk pro tem. Atlanta, Monday, January 17, 1870. The House was called to order by Hon. A. L. Harris, Clerk pro tem. The proceedings were opened with prayer by Bev. C. W. Francis. The Clerk pro tem. directed the following order to be read : "Atlanta, Ga., January 17, 1870. " Pending the investigation into the right of certain persons to hold seats in the House of Bepresentatives, under the reconstruction acts, it is ordered: That the Clerk pro tem., after making announcement, and giving 24 JOURNAL OF THE HOUSE. ample time, for such persons as desire so to do, to take the oath prescribed in the act to promote the reconstruc¬ tion of the State of Georgia, shall declare a recess until Wednesday next at 12 o clock m. "(Signed) Rufus B. Bullock, "Provisional Governor." "Headquarters Military District of Georgia, "Atlanta, Ga., January 17, 1870. "Pending the investigation into the qualifications of certain persons who are alleged to be ineligible to seats in the House, under the reconstruction acts, I approve of the foregoing order. " (Signed) Alfred H. Terry, " Brevet Major-General Commanding." The Clerk pro tern, announced that all who had not taken the oath would now have an opportunity of doing so. Whereupon the following presented themselves : COUNTY. „ NAME. i I REMAKES. Glynn R. B. Hall 1 Sworn. Brooks W. H. Lano ! The Clerk pro tem. directed the following order read: " Executive Department, State of Georgia, " Atlanta, Ga., January 17,1870. " Under and by virtue of the Constitution and laws of the State, it is ordered that the Treasurer pay to each member of the General Assembly, against whose eligibil¬ ity no objection has been made, the sum of fifty dollars oa account of per diem and mileage to this date. "(Signed) Rufus B. Bullock, " Provisional Governor." WEDNESDAY, JANUARY" 19, 1870. 25 " Headquarters Military District of Georgia, " Atlanta, Ga., January 17,1870. " Approved. " (Signed) AlfredH. Terry, " Brevet Major-General Commanding." The Clerk pro tem. announced that the House would take a recess until Wednesday, 12 o'clock m. Whereupon the House took a recess at 11:30 a. m. Correct: A. L. Harris, Clerk pro tem. Atlanta, Wednesday, January 19,1870. The House was called to order at 12 M. by Hon. A. L. Harris, Clerk pro tem. The proceedings were opened with prayer by Rev. C. W. Francis. The Clerk pro tem. directed the reading of the following order: "Atlanta, Ga., January 19, 1870. " Pending the investigation into the right of certain per¬ sons to hold seats in the House of Representatives under the reconstruction acts, it is ordered: That the Clerk pro tem., after making announcement, and giving ample time for such persons as desire so to do, to take the oaths prescribed in the Act to promote the reconstruction of the State of Georgia, shall declare a recess until Monday next at 12 o'clock m. " (Signed) Rufus B. Bullock, " Provisional Governor." " Headquarters Military District of Georgia, " Atlanta, Ga., January 19, 1870. • "Pending the investigation into the qualifications of cer¬ tain persons, who are alleged to be ineligible to seats in 26 JOURNAL OF THE HOUSE. the House under the reconstruction acts, I approve of the foregoing order. " (Signed) Alfred H. Terry, "Brevet Major-General Commanding. The Clerk pro tern, announced that all who had not taken the oaths would now have an opportunity of doing so. Whereupon the following presented himself : .Effingham. M. Rawls Sworn. The Clerk pro tern, announced that the House would take a recess until Monday, 24th instant, at 12 o'clock M. Correct: A. L. Harris, Clerk pro tem. Atlanta, Monday, January 24, 1870. The House was called to order at 12 o'clock M. by Hon. A. L. Harris, Clerk pro tem. The proceedings were opened with prayer by Rev. C. W. Francis. The Clerk pro tem. directed the reading of the following order: "Atlanta, Ga., January 24,1870. " Pending a decision into the right of certain persons to hold seats in the House of Representatives under the re¬ construction acts, whose cases have been before a board of officers, and that qualified members who are absent from the city and not expecting an organization to-day may have an opportunity to be present, it is ordered: " That the Clerk pro tem., after making announcement and giving ample time for such persons as desire so to do, to take the oaths prescribed in the ' Act to Promote the Reconstruction of the State of Georgia,' shall declare a TUESDAY, JANUARY 25, 1870. 27 recess until Tuesday, January 25, at 10 o'clock a. m., at which time, it is believed, that the House will be prepared to enter upon the election of its officers. " (Signed) Rufus B. Bullock, " Provisional Governor." " Headquarters Military District of Georgia, Atlanta, Ga., January 24, 1870. " Pending a decision upon the qualifications of certain persons who are alleged to be ineligible to seats in the House under the reconstruction acts, and for the other rea¬ sons set forth, I approve of the foregoing order. " (Signed) Alfred H. Terry, " Brevet Major-General Commanding." The Clerk pro tern, announced that any who had not taken the oaths would now have an opportunity of doing so. "Whereupon the following presented themselves: Twiggs Pierce . H. Hughes K,. W. Carpenter Sworn. Sworn. The Clerk pro tem. announced that the House would take a recess until Tuesday, January 25, at 10 o'clock a. m. Whereupon the House took a recess at 12:30 p. m. Correct: A. L. Harris, Clerk pro tem. afternoon session. Atlanta, Tuesday, January 25, 1870. The House was called to order at 3 o'clock p. m. by Hon. A. L. Harris, Clerk pro tem. The Clerk pro tem. directed the reading of the following order: 28 JOURNAL OF THE HOUSE. "Atlanta, Ga., January 25, 1870. "Upon the expiration of the recess to-day at 3 o clock, ik is ordered : " That the Clerk pro tern, declare a recess until 10 o clock a. m., Wednesday the 26th instant, at which time an election for Speaker will take place. " (Signed) Rufus B. Bullock, " Provisional Governor." " Headquarters Military District of Georgia, "Atlanta, Ga., January 25, 1870. " The postponemen tordered is made solely for the pur¬ pose of enabling the necessary orders consequent upon the proceedings of the Board, convened by General Orders No. 3, from these Headquarters, to be prepared. These orders will be ready by to-morrow morning, and no further delay will take place. " (Signed) Alfred H. Terry, "Brevet Major-General Commanding." The Clerk pro tern, announced that the House would take a recess until Wednesday, 26th instant, at 10 o'clock a. m. Whereupon the House took a recess at 3:05 p. m. Correct: A. L. Harris, Clerk pro tem. morning session. Atlanta, Tuesday, January 25,1870. The House was called to order at 10 o'clock a. m. by Hon. A. L. Harris, Clerk pro tern. The proceedings were opened with prayer by Rev. C. W. Francis. The Clerk pro tem. directed the reading of the following order: WEDNESDAY, JANUARY 26, 1870. 29 " Atlanta, Ga., January 25,1870. " Pending a decision into the right of certain persons to hold seats in the House of Representatives under the re¬ construction acts, whose cases have been before a board of officers, it is ordered : That the Clerk pro tern, shall declare a recess until 3 o'clock p. m. to-day. " (Signed) Rxjpus B. Bullock, " Provisional Governor." Headquarters Military District op Georgia, Atlanta, Ga., January 25, 1870. " Pending a decision upon the qualifications of certain persons who are alleged to be ineligible to seats in the House under the reconstruction acts, I approve of the foregoing order. "(Signed) Alfred H. Terry, " Brevet Major-General Commanding." The Clerk pro tern, announced that the House would take a recess until 3 o'clock p. m. Whereupon the House took a recess at 10:10 a. m. A correct transcript: A. L. Harris, Clerk pro tem. Atlanta, Wednesday, January 26, 1870. The House was called to order by Hon. A. L. Harris, Clerk pro tem., at 10 o'clock a. m. The proceedings were opened with prayer by Rev. C. W. Erancis. The Clerk pro tem. directed the reading of the following order from his Excellency the Provisional Governor. 30 JOURNAL OF THE HOUSE. "Atlanta, Ga., January 26, 1870. "On the expiration of the recess this morning at 10 o'clock, it is ordered that the Clerk pro tern, will read Gen¬ eral Orders No. 9 and No. 10, and after compliance there¬ with, proceed to the election of a Speaker viva voce. " (Signed) Rufus B. Bullock, "Provisional Governor." The Clerk pro tern, directed the reading of the following General Orders of the Major General Commanding : " Headquarters Military District of Georgia, "Atlanta, Ga., January 25, 1870. " Gene-red Orders, No. 9. "Whereas, The board convened by General Orders No. 3, current series from these headquarters, consisting of Brevet Major-General T. H. Ruger, Colonel 18th U. S. In¬ fantry, Brevet Brigadier-General T. J. Haines, Commis¬ sary of Subsistence, and Major Henry Goodfellow, Judge Advocate United States Army, has made its report in writ¬ ing, by which it appears that R. A. Donaldson, of Gordon county, E. M. Taliaferro, of Fulton county, and J. H. Nunn, of Glascock county, members elect of the House of Representatives of Georgia, are not eligible to seats therein under the laws of the United State; therefore it is hereby ordered that the said R. A Donalson, E. M. Talia¬ ferro and J. H. Nunn, be, and they hereby are, prohibited from taking part in the organization of said House, or from attempting to exercise the functions of a member thereof. "And whereas, The said board have found that Thomas F. Rainey, of Schley county, J. N. Harris, of Murray county, R. W. Phillips, of Echols county, L. C. A. Warren, of Quitman county, Joseph D. Smith, of Ware county, W. P. Price, of Lumpkin county, J. B. Sorrells, of Walton county, G. N. Harper, of Sumter county, C. C. Humber, of Stewart county, L. H. Walthall, of Polk county, and Isham Raddish, of Appling county, are eligible to seats in the said House under the laws of the United States, no WEDNESDAY, JANUARY 26, 1870. 31 objections will be made to their participating as members in the organization of the House ; "And whereas, It appears that Frank Wilchar, of Taylor county, has, since the commencement of the session of the board, been, and is now reported to be absent from the city, so that the board has not been able to determine in his case: it is therefore ordered that the said board still hold his case under consideration, and that in the mean¬ time, and until his case be heard and determined, said Wilchar be prohibited from taking part in the organiza¬ tion or participating in the proceedings of the House; " And whereas, J. B. Burtz, of Mitchell county, J. A. Brinson, of Emanuel county, A. T. Bennett, of Jacksou county, A. M. George, of Baker county, David Goff, of Randolph county, W'lliam J. Hudson, of Harris county, D. Johnson, of Wilcox county, Henry 0. Kellogg, of For¬ syth county, J. W. Meadows, of Johnson county, J. H. Penland, of Union county, Robert C. Surrency, of Tatnall county, J. R. Smith, of Coffee county, Hiram Williams, of Dooly county, John C. Drake, of Upson county, J. T. Ellis, of Spalding county, J. M. Rouse, of Worth county, persons elected to said House have refused, declined, neg¬ lected, or been unable to take one of the oaths prescribed by the act of December 22, 1869, although ample oppor¬ tunity so to do has been given them, and have thus by the terms of said act become ineligible to seats in said House, and have also filed with the Hon. R. B. Bullock, Governor, their applications to the Congress of the United States for relief from their disabilities, thus admitting their ineli¬ gibility to hold the offices to which they were elected : It is therefore ordered, that the said persons be, and they hereby are prohibited from taking seats in said House or participating in the organization or proceedings thereof. " By order of Brevet Major-General Terry. J. H. Taylor, " Official: Assistant Adjutant-General. "J. H. Taylor, A. A. G." 32 JOUENAL OF THE HOUSE. The Clerk pro tem. directed the reading of the following general orders of the Major-General commanding. " Headquarters District op Georgia, " Atlanta, Ga., January 25, 1870. " General Orders, No. 10. " At the meeting of the House of Eepresentatives at 10 o'clock to-morrow, Wednesday, the 26th instant, the Clerk pro tem., Hon. A. L. Harris, will call the House to order and give to any member elect, who has not already quali¬ fied, an opportunity to take one of the oaths prescribed by the act of December 22, 1869. He will not, however, per¬ mit those persons to take the oath who are mentioned in General Orders, No. 9, current series from these headquar¬ ters, as having refused, declined, neglected or been unable to take one of the said oaths, and as having filed their ap¬ plications to be relieved from their disabilities. "After such opportunity has been given, the Clerk pro tem. will announce that the first business in order is the election of a Speaker, and will proceed to an election in the usual manner, omitting in calling the roll the names of E. A. Donaldson, of Gordon county, E. M. Taliaferro, of Fulton county, J. H. Nunn, of Glascock county, Frank Wilchar, of Taylor county, J. B. Burtz, of Mitchell county, J. A. Brinson, of Emanuel county, A. T. Bennett, of Jack¬ son county, A. M. George, of Baker county, David Goff, of Eandolph county, William J. Hudson, of Harris county, D. Johnson, of Wilcox county, Henry C. Kellogg, of For¬ syth county, J. W. Meadows, of Johnson county, J. H. Penland of Union county, Bobert C. Surrency, of Tatnall county, J. E. Smith, of Cofiee county, Hiram Williams, of Dooly county, John C. Drake, of Upson county, J. T. Ellis, of Spalding county, and J. M. Bouse, of Worth county. " During the election, the Clerk pro tem. will preside. As soon as a Speaker shall have been chosen, the Clerk pro tem. will vacate the chair. " By order of Brevet Major-General Terry. J. H. Taylor, " Official: Assistant Adjutant-General. "J. H. Taylor, A. A. G." WEDNESDAY, JANUARY 26, 1870. 83 The Clerk pro tem. announced that any gentleman, not prohibited by foregoing orders, could have an oppor¬ tunity of taking the oaths. The Clerk pro tem. announced that the House would proceed viva voce to the election of a Speaker. Hons. J. E. Bryant and R. L. McWhorter were placed in nomination. A ballot was had which resulted as follows : Those voting for Hon. R. L. McWhorter were— J. W. Atkins, W. H. F. Hall, P. O'Neal, T. W. Allen, W. H. Harrison, S. C. Prudden, James Allen, H. Hughes, J. Porter, J. M. Buchan, J. F. Harden, G, F. Page, M. Bethune, C. H. Hooks, R, M. Parks, E. Belcher, W. S. Houston, J. L. Perkins, E. Barnes, J. Higdon, A. R. Reid, T. P. Beard, A. Haren, A. Richardson, J. Cunningham, J. A. Harrison, J. M. Rice, R. W. Carpenter, G. W. Johnson, I. Raddish, W. C. Carson, P. Joiner, F. M. Smith, M. Claiborne, A. H. Lee, P. Sewell, A. Colby, G. Lastinger, S. T. Strickland, J. T. Costin, W. A. Lane, J. M. Simms, G. H. Clowers, George Linder, Alex. Stone, T. G. Campbell, jr., S. Lindsey, S. F. Saulter, S. A. Darnell, J. A. Madden, A. Smith, M. Davis, R. Moore, J. D. Smith, J. M. Ellis, J. A. Maxwell, E. Tweedy, J. R. Evans, J. G. Maull, H. M. Turner, J. Fitzpatrick, P. Madison, W. W. Watkins, J. E. J. Franks, J. J. Mc Arthur, J. Warren, Monday Floyd, J. T. McCormick, S. Williams, "W. A. Golden, John Neal, W. N. Williams, S. Gardner, J. W. O'Neal, W. S. Zellars—76. V. Hillyer, Those voting for Hon. J. E. Bryant were: "W. B. Anderson, A. E. Cloud, H. R. Felder, R. Bradford, W. H. Clark, W. B. Gray, J. K. Barnum, J. H. Caldwell, J. E. Gullatt, E. Ballanger, C. C. Duncan, N. N. Gober, W. G. Brown, F. M. Ford, W. F. Holden, J. A. Cobb, A. S. Fowler, T. M. Harkness, C. C. Gleghorn, McK. Fincannon, R. B. Hall, 3 JOURNAL OF THE HOUSE. W. D. Hamilton, G. N. Harper, F. M. Harper, C. C. Humber, W. M. Hall, J. M. Harris, C. H. Kytle, W. A. McDougald, J. W. Matthews, Louis Nash, G. S. Rosser, G. W. Rumph, J. B. Sorrells, I. E. Shumate, Thomas F. Raney, N. J. Perkins, F. L. Pepper, Thomas Paulk, W. P. Price, C. K. Osgood, R. a. Seals, M. Shackleford, D. Scott, F. m. Scroggins, N. O. Tate, R. a. Turnipseed, W. G. Vinson, L. H. Walthall, L. C. a. Warren, a. j. Williams—52. J. C. Nesbitt, Messrs. W. S. Erwin, M. Rawls, W. M. Tumlin, and D. Welchel voted for Hon. W. P. Price—4. Mr. Y. P. Sisson voted for John Smith—1. The Clerk pro tern, announced that the whole number of votes cast were 133—necessary to a choice, 67. Mr. R. L. McWhorter received 76 votes; Mr. J. E. Bry¬ ant 52 votes; Mr. W. P. Price received 4 votes, and John Smith received one vote. Speaker R. L. McWhorter having received a majority of all the votes cast was declared duly elected Speaker of the House of Representatives, by the Clerk pro tem. The Clerk pro tem. appointed Messrs. J. E. Bryant and D. Scott a committee to conduct the Speaker elect to the chair. Speaker R. L. McWhorter was conducted to the chair by the committee—Hon. A. L. Harris, Clerk pro tem., retir¬ ing. The Speaker addressed the House, when, on motion of Mr. E. Tweedy, the House adjourned until 10 o'clock, Thursday morning, January 27. Correct: A. L. Harris, Clerk pro tem. MORNING SESSION. Atlanta, Thursday, January 27,1870. The House was called to order by Hon. R. L. McWhor- ter, Speaker, at 10 o'clock a. m. THURSDAY, JANUARY 27, 1870. The proceedings were opened with prayer by Rev. C. W. Francis. The Speaker directed the reading of the following com¬ munication from his Excellency the Provisional Governor: " Hon. R. L. McWliorter, Speaker: " The following named persons have applied to the Gen¬ eral commanding this district to be awarded the seats in the House to which they were elected, by reason of the fact that the persons heretofore claiming to have been elected, were disqualified and could not therefore have been elected. " The Commanding General is decided in his opinion that the person who received the number of votes next highest to the candidate disqualified—being himself dis¬ qualified—is legally entitled to the seat. The Command¬ ing General, however, evincing a due regard for your honorable body, as organized, prefers that such persons should be promptly admitted to their rights and privileges in the House by the act of the House itself, rather than to exercise in the premises any authority vested in him as District Commander. " Therefore, moved by the desire which I am sure actu¬ ates all good citizens, that our present effort to promote reconstruction shall be so successful as to secure complete approval from the authorities of the General Government, and our consequent early admission into the family of States, I embrace this opportunity to communicate infor¬ mation oi the state of the Commonwealth, and recom¬ mend to your consideration measures deemed necessary and expedient by presenting the names of W. L. Goodwin, of Cass county, James R. Thomasson, of Carroll county, William Guilford, of Upson county, James H. Jackson, of Randolph county, Jacob P. Hutchings, of Jones county, Henry C. Holcomb, of Fulton county, C. O. Johnson, of Spalding county, Joseph Armstrong, of Dooly county, and J. B. Nesbit, of Gordon county, who were legally elected, and are prepared to take the oath required by the act of Congress of December 22, 1869: and to respectfully re- JOUKNAL OF THE HOUSE. commend that the said persons be permitted to take the oath and their seats at once. " Rufus B. Bullock, " Provisional Governor." Mr. Bryant of Richmond opposed the admission of these persons who received the next highest number of votes in place of those members who had acknowledged their ineligibility. The Speaker announced that his ruling was that a plu¬ rality elects, and that the persons receiving the next highest number of votes to a member declared or acknowledging his ineligibility was entitled to the seat. Mr. Shumate, of Whitfield, appealed from the decision .of the Speaker. On the appeal the Speaker was not sustained. Those voting in the affirmative were Messrs.— Adkins, Golden, O'Neal of Baldwin, Allen of Jasper, Gardner, Prudden, Allen of Hart, Hillyer, Porter, Buchan, Harrison of Hancock, Page, Belcher, Hall of Meriwether, Perkins of Dawson, Barns, Hughes, Keid, Beard, Hooks, Richardson. Cunningham, Houston, Rice, Carson, Haren, Smith of Charlton, Claiborne, Johuson, Smith of Muscogee, Colby, Joiner, Strickland, Costin, Lee, Simms, Clower, Lastinger, Stone, Campbell, Linder, Saulter, Darnell, Madden, Tweedy, Davis, Moore, Turner, Ellis, Maxwell, Watkins, Evans, Maull, Warren of Burke, Fitzpatrick, Madison, Williams of Harris, Franks, MeCorniiek, Williams of Haralson, Floyd, O'Neal of Lowndes, Zellars. Those voting in the negative were Messrs.— Bethune, Brown, Cloud, Bradford, • Bryant, Clark, Barnum, Cobb, Caldwell, Ballanger, Cleghorn, Duncan, THURSDAY, JANUARY 27, 1870. 37 Erwin, Ford, Fowler, Fincannon, Felder, Gray, Gullatt, Hall of Bullock, Hall of Glynn, Holden, Higdon, Harkness, Harrison of Franklin, Hamilton, Harper of Sumter, Harper of Terrell, Humber, Hook, Harris, Kytle, McArthur, Matthews, Neal, Nash, Nesbit, Osgood, Parks, Phillips, Perkins of Cherokee, Pepper, Paulk, Price, Beddish, Bainey, Bosser, Bumph, Bawls, Smith of "Ware, Sorrells, Sisson, Shumate, Seale, Shackleford, Scott, Scroggins, Tumlin, Tate, Turnipseed, Vinson, Williams of Morgan, Walthall, Warren of Quitman, Welchel. Mr. Tweedy of Richmond moved that the House adjourn. The yeas and nays were called for. Those voting in the affirmative were Messrs.— Atkins, Golden, O'Neal of Baldwin, Allen of Hart, Gardner, Porter, Allen of Jasper, Hillyer, Page, Buchan, Harrison of Hancock, Perkins of Dawson, Belcher, Hall of Meriwether, Beid, Barnes, Hughes, Bichardson, Beard, Hooks, Bice, Cunningham, Houston, Smith of Charlton, Carso*, Haren, Smith of Muscogee, Claiborne, Johnson, Strickland, Colby, Joiner, Simms, Costin, Lee, Stone, Clower, Lane, Saulter, Campbell, Lindsey, Tweedy, Darnell, Linder, Turner, Davis, Madden, Watkins, Ellis, Moore, Warren of Burke, Evans, Maull, Williams of Harris, Fitzpatrick, Madison, Williams of Haralson, Franks, McCormick, Zellars. Floyd, O'Neal of Lowndes, 38 JOURNAL OF THE HOUSE. Those voting in the negative were Messrs.— Bethune, Harrison of Franklin, Rainey, Barnum, Hamilton, Rosser, Ballanger, Harper of Sumter, Rumph, Brown, Harper of Terrell, Rawles, Bryant, Humber, Smith of Ware, Cobb, Hook, Sewell, Cleghorn, Harris, Sorrells, Cloud, Kytle, Sisson, Clark, McArthur, Shumate, Caldwell, Matthews, Seale, Duncan, Nash, Shackleford, Erwin, Nesbitt, Scott, Ford, Osgood, Scroggins, Fowler, Prudden, Tumlin, Fincannon, Parks, Tate, Felder, Phillips, Turnipseed, Gray, Perkins of Cherokee, Vinson, Gullatt, Pepper, Williams of Morgan, Hall of Bulloch, Paulk, Walthall, Hall of Glynn, Price, Warren of Quitman, Higdon, Reddish, Welchel. Harkness, Motion to adjourn was lost. Mr. Watkins of Colquit moved that the House take a recess until 3 o'clock p. m. Mr. Scott of Floyd called for the yeas and nays. Those voting in the affirmative were Messrs.— Atkins, Darnell, Johnson, Allen of Jasper, Davis, Joiner, Allen of Hart, Ellis, Lee, Buchan, Evans, Lane, Bethune, Fitzpatrick, Linder, Belcher, Franks, Lindsey, Barnes, Floyd, Madden, Bradford, Golden, Moore, Beard, Gardner, Maxwell, Cunningham, Hillyer, Maull, Carson, Harrison of Hancock, Madison, Claiborne, Hall of Merriwether, McCormick, Colby, Hughes, O'Neal of Lowndes, Costin, Hooks, O'Neal of Baldwin, Clower, Houston, Porter, Campbell, Haren, Page, THURSDAY, JANUARY 27, 1870. 39 Perkins of Dawson, Peid, Richardson, Pice, Smith of Charlton, Smith of Muscogee, Strickland, Simms, Stone, Saulter, Tweedy, Turner, Watkins, Warren of Burke, Williams of Harris, Williams of Harralson, Zellars. Those voting in the negative were Messrs.— Barnum, Harrison of Franklin, Painey, Ballenger, Hamilton, Posser, Brown, Harper of Sumter, Rumph, Bryant, Harper of Terrell, Pawles, Cobb, Humber, Smith of Ware, Cleghorn, Hook, Sewell, Cloud, Harris, Sorrells, Clark, Kytle, Sisson, Caldwell, McArthur, Shumate, Duncan, Matthews, Seale, Erwin, Nash, Shackleford, Ford, Nesbitt, Scott, Fowler, Osgood, Scroggins, Fincannon, Prudden, Tumlin, Felder, Parks, Tate, Gray, Phillips, Tumipseed, Gullatt, Perkins of Cherokee, Vinson, Hall of Bulloch, Pepper, Williams of Morgan, Hall of Glynn, Paulk, Walthall, Higdon, Price, Warren of Quitman, Harkness, Peddish, Welchel. The motion to take a recess prevailed; whereupon the House took a recess at 12.30 p. m. afternoon session. The House was called to order at 3 o'clock p. m., bj Hon. R. L. McWhorter, Speaker. Mr. Lane of Brooks requested the reading for the information of the House of the communication from his Excellency the Provisional Governor. The request was not granted. On motion of Mr. Bryant of Richmond the House ■adjourned until 12 o'clock, Friday, January 28. 40 JOURNAL OF THE HOUSE. Atlanta, Friday, January 28, 1870. The House was called to order at 12 o'clock M. by the* Speaker. The proceedings were opened with prayer by Rev. C» W. Francis. The Speaker directed the reading of the following com¬ munication from his Excellency the Provisional Governor, to Brevet Major-General Alfred H. Terry, District Com¬ mander, and the reply thereto: Atlanta, Georgia, January 28, 1870. " Brevet Major- General Alfred H. Terry, Commanding Dis¬ trict. Georgia: " General—Although the communication addressed by myself on yesterday to the Speaker of the House, was previously submitted to you, it did not carry with it your formal approval. This fact is made use of by designing persons to effect a disregard of it. " I will be obliged if you will correct that false impres¬ sion. " I am, General, very respectfully, your obedient servant, (Signed) "Rueus B. Bullock, " Provisional Governor." Atlanta, Ga., January 28, 1870. " Governor R. B. Bullock, Atlanta: " Governor—The communication sent by you to the House of Representatives yesterday, was submitted to, and approved by, me. " Yery respectfully, your obedient servant, (Signed) "Alfred H. Terry, " Brevet Major-General Commanding." Mr. O'Neal of Lowndes moved a reconsideration of the vote taken on yesterday, on the appeal from the decision of the Speaker, relating to the communication from his Excellency the Provisional Governor. Mr. Darnell of Pickens moved the previous question on the motion of Mr. O'Neal of Lowndes. FRIDAY, JANUARY 28, 1870. 41 Mr. Shumate called for the yeas and nays on the motion of Mr. Darnell calling for the previous question. Those voting in the affirmative were Messrs.— Atkins, Golden, O'Neal of Lowndes, Allen of Jasper, Gardner, O'Neal of Baldwin, Allen of Hart, Hillyer, Prudden, Buchan, Harrison of Hancock, Porter, Bethune, Hall of Merriwetber, Page, Belcher, Hughes, Perkins of Dawson, Barnes, Hooks, Beid, Bradford, Houston, Bichardson, Beard, Higdon, Bice, Cunningham, Haren, Smith of Charlton, Carson, Johnson, Smith of Muscogee, Claiborne, Joiner, Sewell, Colby, Lee, Strickland, Costin, Lastinger, Simms, Clower, Lane, Saulter, Campbell, Linder, Tweedy, Darnell, Lindoey, Turner, Davis, Madden, Watkins, Ellis, Moore, Warren of Burke, Evans, Maxwell, Williams of Harris, Fitzpatrick, Maull, Williams of Haralson, Franks, Madison, Zellars. Floyd, McCormick, Those voting in the negative were Messrs.— Anderson, Harkness, Price, Barnum, Harrison of Franklin, Beddish, Ballanger, Harper of Sumter, Bainey, Brown, Harper of Terrell, Bosser, Cobb, Humber, Bumph, Clegborn, Hook, Bawles, Cloud, Harris, Sorrells, Clark, Kytle, Sisson, Caldwell, McArthur, Shumate, Duncan, Matthews, Scott, Erwin, Neal, Scroggins, Ford, Nash, Tumlin, Fowler, Nisbet, Tate, Fincannon, Osgood, Turnipseed, Felde'r, Parks, Vinson, Gray. Phillips, Williams of Morgan,, Gullatt, Perkins of Cherokee, Walthall, Gober, Pepper, Warren of Quitman, Hall of Bulloch, Paulk, Welchel. Hall of Glynn, 42 JOURNAL OF THE HOUSE. There are ayes 68. There are nays 58. So the call for the previous question was sustained. Mr. Tweedy of Richmond offered the following reso¬ lution : Whereas , His Excellency the Provisional Governor has .communicated to this body the decision of the Command¬ ing General; And whereas, The Commanding General has displayed the courtesy of giving this body the opportunity to show its willingness to comply with the laws; Now therefore he it resolved, That the members named in the communication of his Excellency the Provisional Governor, be qualified by now taking the oath of office. Upon the adoption of which Mr. Scott of Floyd called for the yeas and nays, which was sustained, and resulted in yeas 66 ; nays 56. Those voting in the affirmative were Messrs.— Atkins, Golden, McCormiek, Allen of Jasper, Gardner, O'Neal of Lowndes, Allen of Hart, Hillyer. O'Neal of Baldwin, Buchan, Harrison of Hancock, Prudden, Belcher, Hall of Meriwether, Porter, Barnes, Hughes, Page, Bradford, Higdon, Perkins of Dawson, Beard, Hooks, Beid, Cunningham, Houston, Richardson, Carson, Haren, Rice, Claiborne, Johnson, Smith of Charlton, 'Colby, Joiner, Smith of Muscogee, Costin, Lee, Sewell, Clower, Lastinger, Strickland, Campbell, Lane, Simms, Darnell, Linder, Saulter, Davis, Lindsey, Tweedy, i ilis, Madden, Turner, Evans, Moore, Watkins, Fitzpa trick, Maxwell, Warren of Burke, Franks, Maull, Williams of Harris, .Floyd, Madison, Zellars. FRIDAY, JANUARY 28, 1870. 43 Those voting in the negative were Messrs.— Anderson, Harkness, Reddish, Barnum, Harrison of Franklin, Rainey, Ballanger, Hamilton, Rosser, Brown, Harper of Sumter, Rumph, Cobb, Harper of Terrell, Rawls, Cleghorn, Humber, Sorrells, Cloud, Hook, Sisson, Clark, Harris, Shumate, Caldwell, Kytle, Scott, Duncan, McArthur, Scroggins, Erwin, Matthews, Tumlin, Fowler, Nash, Tate, Fincannon, Nisbet, Turnipseed, Felder, Osgood, Vinson, ■Gray, Parks, Williams of Morgan, Gullatt, Phillips, Walthal, Gober, Perkins of Cherokee, Warren of Quitman, Hall of Bullock, Paulk, Welchel. Hall of Glynn, Price, The following persons presented themselves and were duly qualified as members of the House of Representa¬ tives : W. L. Goodwin of Cass county; J. R. Thomason of Carroll county; Win. Guilford of Upson county; Jas. A. Jackson of Randolph county; J. P. Hutchings of Jones county; H. C. Holcombe of Fulton county; Charles O. Johnson of Spalding county; Jas. Armstrong of Dooly county; J. B. Nesbit of Gordon county. The House proceeded to the election of a Clerk, the members voting viva voce, and on receiving and adding up the votes it appeared that J. J. Newton, of the county of Glynn, having received a majority of the whole number of votes polled, was declared duly elected Clerk. The House proceeded to the election of a Messenger, the members voting viva voce, and on receiving and adding up the vote it appeared that Moses H. Bentley, of the county of Chatham, was duly elected Messenger. The House proceeded to the election of Doorkeeper, the members voting viva voce, and on receiving and adding up the vote, it appeared that R. F. Lineberger, of the county of Lowdes, was duly elected Doorkeeper. u JOURNAL OF THE HOUSE. Leave of absence was granted Mr. Harper of Sumter; Mr. Tumlin of Randolph; and Mr. Shackleford of Heard. On motion of Mr. Harper of Terrell, the House ad¬ journed until 10 o'clock, a. m., to-morrow. Saturday, January 29, 1870, 10 o'clock a. m. The House met pursuant to adjournment, and was opened with prayer by the Rev. C. W. Francis. On motion of Mr. Rice of Columbia the calling of the roll was dispensed with. Journal of yesterday read and approved. Mr. Scott of Floyd moved that the Journal of yester¬ day be corrected, so as to insert therein a notice given by him to reconsider the action of the House upon the reso¬ lution of Mr. Tweedy of Richmond, which motion the Chair refused to entertain. Mr. Bethune of Talbot moved to defer the election of Speaker pro tern., which motion was withdrawn. Mr. Carson offered a resolution to the effect that infor¬ mation be given to the Senate that the House is now organized and read}' to proceed to business, which resolu¬ tion was adopted. Mr. Smith of Charlton offered a resolution that a com¬ mittee be appointed to wait upon the clergy of this city to procure a chaplain for the use of the House; which resolu¬ tion was adopted, and the Chair appointed Messrs. Smith of Charlton Golden of Liberty, and P. illips of Echols, as the committee under said resolution. Mr. O'Neal of Lowndes offered a joint resolution that a committee be appointed to wait upon his Excellency the Governor, and inform him that the General Assembly is now organized and ready to proceed to business, which resolution was adopted, and the Chair appointed Messrs. O Neal of Lowndes, Harper of Sumter, Harrison of Frank¬ lin, Costin of Talbot, and Harrison of Hancock, as the committee under said resolution. SATURDAY, JANUARY 29, 1870. 45 Mr. Harrison of Hancock offered a resolution that the front part of the gallery be appropriated to the ladies; which resolution was adopted. Mr. Lane of Brooks offered a resolution that a commit¬ tee of three be appointed to prepare rules for the govern¬ ment of the House; which resolution was adopted, and the Chair announced as the committee under said resolution Messrs. Lane of Brooks, Phillips of Echols, and O'Neal of Lowndes. Mr. Nisbet of Dade offered a resolution that that por¬ tion of the State of Tennessee in which the Western & Atlantic Railroad is situated be annexed to this State, and suggesting the manner in which said portion shall be an¬ nexed. Mr. Fitzpatrick of Bibb moved to lay said resolution upon the table; which motion was withdrawn. Mr. O'Neal of Lowndes moved to adjourn until Monday, 10 o'clock, a. m. Mr. Scott of Floyd called for the yeas and nays upon Mr. O'Neal's motion. The call was sustained. Those voting in Atkins, Allen ol Jasper, Armstrong, Buchan, Belcher, Barnes, Beard, Bryant, Cunningham, Colby, Costin, Clowers, Campbell, Caldwell, the affirmative are Messrs.— Davis, Franks, Floyd, Ford, Golden, Gardner, Guilford, Harrison of Hancock, Hutchings, Houston, Hamilton, Harper of Terrell, Jolinsoif of Spalding, Jackson, Lindsey, Madden, Maull, McCormick, Nesbit of Gordon, O'Neal of Lowndes, Porter, Pepper, Smith of Muscogee, Saulter, Tweedy, Williams of Harris. Those voting in the negative are Messrs.— Allen of Hart, Ballanger, Cleghorn, Anderson, Brown, Cloud, Bethune, Carson, Clark, Bradford, Claiborne, Darnell, Barnum, Cobb, Duncan, 46 JOURNAL OF THE HOUSE. Ellis, Kytle, Rawles, Evans, Lee, Smith of Charlton,. Erwin, Lastinger, Strickland, Fitzpatrick, Lane, Simms, Fowler, Linder, Sorrells, Fincannon, Maxwell, Si sson, Felder, MoArthur, Shumate, Goodwin, Neal, Seale, Gray, Nash, Scott, Gullatt, O'Neal of Baldwin, Thomason, Hillyer, Prudden, Turner, Holcombe, Parks, Tumlin, Hall of Bnlloch, Phillips, Tate, Hall of Glynn, Perkins of Dawson, Turnipseed, Hughes, Perkins of Cherokee, Vinson, Holden, Paulk, Watkins, Higdon, Price, Warren of Burke, Haren, Reid, Williams of Haralson. Harkness, Rice, Williams of Morgan, Harrison of Franklin, Reddish, Walthall, Hook, Rainey, Warren of Quitman, Harris, Rosser, Zellars. Johnson of Towns, Rumph, There are ayes 40. There are nays 83. So the motion to adjourn was lost. The following message was received from the Senate,, through Mr. Mills, the Secretary'thereof: " Mr. Speaker: " The Senate have elected the Honor ble John Harris, of the county of Newton, as their President pro tempore" Mr. Phillips of Echols offered a resolution that the members retain their present seats in this House. Mr. Fitzpatrick of Bibb offered as a substitute for Mr. Phillips' resolution, that the House proceed to the selec¬ tion of seats according to the usual custom. The vote being taken upon Mr. Fitzpatrick's substitute it was not adopted. The question then recurred upon Mr. Phillips' resolution, which was adopted. MONDAY, JANUARY 31, 1870. 4T Leave of absence was granted to Messrs. Thomason of Carroll, and Evans of Thomas, for a few days on special business; also, to Mr. Page of Lee for a few days on ac¬ count of sickness in his family. On motion of Mr. Lee of Newton the House adjourned until Monday, 10 o'clock a. m. Monday, January 31, 1870. 10 o'clock a. it. The House met pursuant to adjournment and was opened with prayer by the Rev. C. W. Francis. On motion the calling of the roll was dispensed with. Journal read and approved. Mr. Bryant of Richmond offered, against the action and organization of the House, a protest, which he re¬ quested be placed on file and entered on the Journal of the House. Pending the consideration of which— The following message was received from the Senate through Mr. Mills, the Secretary: Mr. Speaker : I am directed by the Senate to inform the House of Representatives that the Senate has been organized by the election of Hon. Benjamin Conley, Senator elect from the Eighteenth Senatorial district, as President, and J. G. W. Mills, of the county of Fulton, as Secretary, and is now ready to proceed to business. I am also directed by the Senate to inform the House that a committee, consisting of Messrs. Speer, Campbell and Wooten, have been appointed by the Senate, to join such committee as may be appointed by the House of Representatives, to wait upon his Excellency Hon. R. B. Bullock, the Governor, and inform him that both branches of the General Assembly are now organized and will be pleased to receive any communication he may think proper to make, and I am directed by the Senate to transmit the same forthwith to the House of Representatives. 48 JOURNAL OF THE HOUSE. The House resumed the consideration of Mr. Bryant s protest. Mr. O'Neal of Lowndes moved that said protest be in¬ definitely postponed. Mr. Bryant of Richmond requested that a telegram from Senator Edmunds, of Congress, be read; which re¬ quest, upon objection, was refused. Pending the discussion of Mr. Bryant's protest, Mr. O'Neal, from the- committee of the House, appointed to join a similar committee from the Senate, made the follow¬ ing report, to wit: Mr. Speaker: As chairman of the committee of this House appointed to join a similar committee from the Senate, to notify the Provisional Governor that the two Houses had reached an organization by the election of officers thereof, I have the honor to report the performance of that duty, to which his Excellency replied as follows: Mr. Chairman and Gentlemen of the Committee: I am gratified to know that you have reached an organ¬ ization by the election of officers of the two Houses. I will communicate the information to the General Com¬ manding. A communication will be transmitted to your honorable bodies on Wednesday next, at 12 o'clock." After the reading of which report and communication, Mr. O'Neal of Lowndes moved that the House adjourn until Wednesday next, 12 o'clock M. Mr. Scott of Floyd called for the yeas and nays upon said motion; which call was sustained. Those voting in the affirmative are Messrs.— Atkins, Cunningham, Floyd, Allen of Jasper, Carson, Gardner, Allen of Hart, Colby, Guilford, Armstrong, Costin, Goodwin, Bell, Clowers, Hillyer, Barnes, Campbell, Holcombe, Beard, Ellis, Harrison of Hancock, WEDNESDAY, FEBRUARY 2, 1870. 49 Hall of Meriwether, Lindsey, Bichardson, Hughes, Madden, Bice, Hutchings, Moore, Smith of Muscogee, Houston, Maull, Strickland, Haren, McCormick, Saulter, Johnson of Towns, Nesbit of Gordon. Tumlin, Johnson of Spalding, "O'Neal of Lowndes, Warren of Burke, Joiner, O'Neal of Baldwin, Williams of Harris, Jackson, Porter, Williams of Haralson, Lastinger, Perkins of Dawson, Zellars. Under, Beid, Those voting in the negative are Messrs.— Anderson, Hall of Bulloch, Price, Bethune, Higdon, Beddish, Bradford, Harkness, Bainey, Barnum, Harrison of Franklin, Bumph, Ballanger, Hamilton, Bawls, Brown, Harper of Terrell, Smith of Charlton, Carpenter, Hook, Sisson, Claiborne, Kytle, Seale, Cobb, Lee, Scott, Cleghorn, McArthur, Tate, Clark, Nash, Turnipseed, Caldwell, Prudden, Vinson, Erwin, Parks, Williams of Morgan, Eincannon, Phillips, Walthall, Eelder, Perkins of Cherokee, Warren of Quitman, Gray, Paulk, WelcheL Gullatt, There are yeas 53. There are nays 49. So the motion to adjourn prevailed; and the House, after granting leave of absence for a few days on special business to Messrs. Harkness of Butts, Kosser of Web¬ ster, and Sorrels of Walton, adjourned until Wednesday next, 12 o'clock m. Wednesday, February 2, 1870. . 12 o'clock m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Smith. 4 50 JOURNAL OF THE HOUSE. The calling of the roll was dispensed with, on motion of Mr. Harper of Terrell. On motion of Mr. Bryant of Richmond the Journal was corrected by striking out the words " moved and, in his request that a telegram from Senator Edmunds, of Con¬ gress, be read, and then approved. The House resumed the consideration of the unfinished business, the same being the motion of Mr. Bryant of Richmond that his protest against the action and organi¬ zation of the House be spread upon the Journal of the House; which motion prevailed, and said protest is as fol¬ lows, to wit: " Mr. Speaker: " The authority under which this House has assembled and organized is an Act of Congress entitled ' An Act to promote the reconstruction of the State of Georgia,' passed on the — day of December, 1869. The provisions of that Act have been openly and repeatedly violated in the or¬ ganization of this House, and therefore the organization is illegal, and the proceedings are absolutely null and void. " Section one of said Act is in these words: That the Governor of the State of Georgia be, and hereby is, au¬ thorized and directed forthwith, by proclamation, to sum¬ mon all persons elected to the General Assembly of said State, as appears by the proclamation of George G. Meade, the General commanding*, the Military District including the State of Georgia, dated June the 25th, 1868, to appear on some day certain, to be named in said proclamation, at Atlanta in said State; and thereupon the General Assem¬ bly of said State shall proceed to perfect its organization, in conformity to the Constitution and laws of the United States, according to the provisions of this Act. " The persons elected to the General Assembly of this State, as appears by the proclamation of General Meade, were summoned to meet in this city on the 10th instant, by the proclamation of the Governor of this State, issued in accordance with the provisions of the said Act of Con¬ gress. It was the right and the privilege of this House, WEDNESDAY, FEBRUARY 2, 1870. 51 in conformity with the said Act of Congress, to proceed' to perfect its own organization. But in violation of the provisions of said Act, the Governor appointed and di¬ rected one A. L. Harris, a man completely under the con¬ trol of the Governor, he being an officer on the Western & Atlantic Railroad, to organize this House. The said A. L. Harris arbitrarily adjourned the House from day to day, in violation of law; thus preventing the members thereof, from perfecting their own organization in conformity with the law; and by force, and violence, and fraud, did wilfully hinder and interrupt the members of said House elected as aforesaid, from taking part in the organization afore¬ said, according to law as aforesaid. Section four of said Act, is in these word: ' That the persons aforesaid, and entitled to compose such Legislature, and who shall com¬ ply with the provisions of this Act, by taking one of the oaths or affirmations above prescribed, shall thereupon proceed in said Senate and House of Representatives, to which'they have been elected respectively, to reorganize said Senate and House of Representatives respectively by the election and qualification of the proper officers of each House.' " It is clear that only those persons named in the said proclation of General Meade, and have taken one of tho oaths prescribed by said Act, can participate in the reor¬ ganization of said House ; and that all persons named in said proclamation, who have duly qualified, by taking one of the oaths prescribed, can participate in said reorganiza¬ tion, but in violation of said Act, R. A. Donaldson of Gor¬ don county, E. M. Taliaferro of Fulton county, and G. H. Nunn of Glascock county, persons named in said procla¬ mation of General Meade, who have duly qualified, by taking the oaths prescribed by said Act of Congress, and have filed their names in the office of the Secretary of State, have been wilfully hindered and interrupted from participating in the proceedings of this House, in viola¬ tion of the provisions of said Act; and W. L. Goodwin,. James R. Thomason, William Guilford, Jacob P. Hutch- ings, Henry C. Holcombe, James Armstrong, Charles O. 52 JOURNAL OF THE HOUSE. Johnson, J. B. Nesbit, persons whose names do not ap¬ pear in the said proclamation of General Meade, have been allowed to participate in the reorganization of this House, in violation of said Act of Congress. I therefore respectfully declare that this House has been organized in violation of law; and that there is no precedent for the acts that have been done, and the proceedings we have witnessed in the said organization, and I respectfully pro¬ test against the illegal organization of this House, and against any further proceedings being had, until the House is organized in accordance with law. "J. E. Bryant, of Richmond County. "Atlanta, Ga., January 31, 1870." The following communication was received from his Ex¬ cellency the Provisional Governor, through Mr. Lester, his Secretary, which was read : Mr. Speaker: I am directed by his Excellency the Provisional Gover¬ nor to deliver to the House of Representatives a communi¬ cation in writing. On motion of Mr. O'Neal of Lowndes said communi¬ cation was taken up, read, and is as follows, to wit: " To the Senate and House of Representatives of the Provisional Legislature: " A correspondence with the Major-General commanding this District is herewith transmitted, by which you will be informed that your organization is recognized from to-day as being one properly prepared to enter upon the action required by the several reconstruction acts of Congress. Atlanta, Ga., February 1, 1870. Brevet Major-General A. II. Tern/, Commanding District of Georgia: General : I have the honor to report that a Joint Committee from the -two Houses of the Provisional Legislature have informed me that the Senate and House have perfected an organization by the election of the proper officers, after excluding from the roll of members persons disqual¬ ified under the acts of Congress from holding office. The two Houses stand in recess until Wednesday next, the 2d instant, at 12 m. I am, General, very respectfully, RUFUS B. BULLOCK, Provisional Governor. WEDNESDAY, FEBRUARY 2, 1870. 53 Headquarters Military District of Georgia, Atlanta, Ga., February 2, 1870. Hon. R. B. Bullock, Provisional Governor, State of Georgia : Governor : I have the honor to acknowledge the receipt of your commu¬ nication of yesterday, informing me that a joint committee of the two- houses of the Legislature has informed you that the Senate and House of Representatives have each perfected an organization by the election of the proper officers. In reply to it I have the honor to say that I think that the houses are now properly organized for the purpose of assenting to and com¬ plying with the conditions imposed by Congress for the restoration of the State to its original relations with the nation. I have the honor to be, very respectfully, your obedient servant, ALFRED H. TERRY, Brevet Major General Commanding, Headquarters Military District of Georgia, Atlanta, Ga., February 2, 1870. Official : J. H. Taylor, Assistant Adjutant General. " That a proper understanding may be had of your pres¬ ent political condition, and our status under the several acts of Congress, which have, from time to time, been adopted for the purpose of securing the establishment of State Governments, republican in form, in this and other of the late rebel States, it is important to review those acts, and to carefully consider what has been done by ourselves towards a compliance with their provisions. " Such a review will establish the fact that the present legislative organization, if accepted and ratified by Con¬ gress, is the first and only legal organization dejure of this Legislature, and of the State Government, established by the votes of the people under the reconstruction acts ; and that this organization is based exclusively upon the election held under the order of the District Commander on the 20th, 21st, 22d, and 23d days of April, 1868. " By an act of Congress, which became a law March 2, 1867, it is provided that — Whereas, No legal State Governments or adequate protection for life or property now exist in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, 'lexae, and Arkansas; and Whereas, It is necessary that peace and good order should be enforced 54 JOURNAL OF THE HOUSE. in said States until loyal and republican State Governments can be legally established ; therefore, Be it enacted, etc., That said rebel States shall be divided into Military Districts, and made subject to the military authority of the United States, as hereinafter mentioned ; and tor that purpose Virginia shall constitute the First District; North Carolina and South Carolina the Second District; Georgia, Alabama, and Florida the Third District; Mississippi and Arkansas the Fourth District; and Louisiana and Texas the Fifth District. Sec. 2. That it shall be the duty of the President to assign to the com¬ mand of each of said Districts an officer of the army not below the rank of Brigadier General, and to detail a suffi-ient military force to enable such officer to perform his duties, and enforce his authority within the District to which he is assigned. Sec. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their righ's of person and property, to suppress in¬ surrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals ; and to this end he may allow local civil tribunals to take jurisdiction of and try offenders, or when, in his judgment it may be necessary for the trial of offenders, he sha 1 have power to organize military committees or tribunals for that purpose ; and all interference under color of State authority with the exercise of military authority under this act shall be null and void. Sec. 4. That ail persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punish¬ ment shall be inflicted, and no sentence of any Military Commission or tribunal hereby authorized affecting the life or liberty of any person shall be executed until it is approved by the officer in command of the District: and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they may conflict with its provisions. Sec. 5. That when the people of any one of said rebel States shall have formed a Constitution and Government, in conformity with the Constitu¬ tion of the United States in all respects, framed by a Convention of dele¬ gates elected by the male citizens of said State, twenty-one years old and upward, of whatever race, color or previous condition, who have been res¬ ident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion, or for fel¬ ony at common law ; and when such Constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifi¬ cations herein stated for electors of delegates; and when such Constitution shall be ratified by a majority of the persons voting on the question of rat¬ ification who are qualified as electors for delegates; and when such Consti¬ tution shall have been submitted to Congress for approval, and Congress shall have approved the same; and when said State, by a vote of its Legis¬ lature, elected under said constitution, shall have adopted the amendment to the Constitution of the United States proposed by the Thirty-ninth Con¬ gress, and known as Article Fourteen; and when said article shall have become part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Repre¬ sentatives shall be admitted therefrom on their taking the oath prescribed WEDNESDAY, FEBRUARY 2, 1870. 55 by law, and then and therefore the preceding sections of this Act shall be inoperative in this State. Provided, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the Convention to frame a Constitu¬ tion for any of said rebel States; nor shall any such person vote for mem¬ bers of such Convention. Sec. 6. That until the people of the said rebel States shall by law be admitted to representation to the Congress of the United States, the civil Governments that may exist therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States any time to abolish, modify, control and supersede the same; and in all elections to any office under such Provisional Government, all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this Act. And no person shall be eli¬ gible to any office under such Provisional Governments who would be dis¬ qualified from holding office under the provisions of the third article of said Constitutional Amendment. "Under this, and supplemental acts, an election was held on the 29th, 30th and 31st of October, and the 1st and 2d of November, 1867, for delegates to assemble in convention and to form a constitution. The delegates then ■elected assembled in convention at Atlanta on the 9th day of December, and after framing a constitution and adopt¬ ing certain ordinances, adjourned on the 11th of March, 1868. " An election for the ratification of the Constitution so framed, for members of a Legislature, Governor, etc., was held on the 20th, 21st, 22d and 23d days of April, 1868, and resulted in the ratification of the Constitution by a large majority of the voters, and also in the election of members of the Legislature, Governor, etc." " The result of this election was proclaimed by the Com¬ mander of the District, in General Order No. 90, dated June 25, 1868, and in accordance with the following Act of Congress: AN ACT to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama and Florida, to representation in Congress: Whebeas, The people of North Carolina, South Carolina, Louisiana, Georgia, Alabama and Florida have, in pursuance of the provisions of an act entitled " An Act for the more efficient government of the rebel States," 56 JOURNAL OF THE HOUSE. passed March 2d, 1867, and the acts supplemental thereto, framed consti¬ tutions of a State government, which are Republican, and have adopted, said constitutions by large majorities of the votes cast at the elections held, for the ratification or repealing of the same: Therefore, Be it enact® I, That each of the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama and Florida, shall be entitled and admitted, to representation in Congress as a State of the Union, when the Legislature of such State shall have duly ratified the amendment to the Constitution, of the United States proposed by the Thirty-ninth Congress, and known as. Article 14, upon the following fundamental conditions: Section 1. That the Constitution of neither of said States shall ever be so amended or changed as to deprive any citizen, or class of citizens of the United States of the right to vote in said State who are entitled to vote by the Constitution thereof herein recognized, except as a punishment of such, crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said. States : Provided, That any alterations of said Constitutions, prospective in its effect, may be made with regard to the time and place of residence of voters; and the State of Georgia shall only be entitled and admitted to rep¬ resentation upon this further fundamental condition: That the first and third sub-divisions of Section 17 of the 5th Article of the Constitution of said State, except the proviso to the first sub-division, shall be null and void: and that the General Assembly of said State, by solemn public act, shall declare the assent of the State to the foregoing fundamental condi¬ tion. Sec. 2. That if the day fixed for the first meeting of the Legislature of either of said States by the Constitution or ordinance thereof shall have passed, or so nearly arrived, before the passage of this Act that there shall not be time for the Legislature to assemble at the period fixed, such Legis¬ lature shall convene at the end of twenty days from the time this Act takes effect, unless the Governor elect shall sooner convene the same. Sec. 3. That the first section of this Act shall take effect as to each State- except Georgia, when such State shall, by its Legislature, duly ratify Arti¬ cle Fourteen of the Amendment to the Constitution of the United States- proposed by the Thirty-ninth Congress; and as to the State of Georgia, when it shall, in addition, give the assent of said State to the fundamental condition hereinbefore imposed upon the same; and thereupon the officers of each State duly elected and qualified under the Constitution thereof shall be inaugurated without delay; but no person prohibited from holding office under the United States, or under any State, by Section 3 of the proposed amendment to the Constitution of the United States, known as Article Fourteen, shall be deemed eligible to any office in either of said States, unless relieved from disability as provided in said amendment; and it is hereby made the duty of the President, within ten days after receiv¬ ing official information of the ratification of said amendment by the Leg¬ islature of either of said States, to issue a proclamation announcing that fact. " which became a law June 25, 1868. The members of WEDNESDAY, FEBRUABY 2, 1870. 57 the Legislature so elected were, by the proclamation of the Governor elect, convened in Atlanta on the 4th day of July, 1868. " On the same date the Governor elect was appointed Provisional Governor by the Commander of the Districtj under General Order No. 91, dated June 28, 1868. " This act of Congress authorizing the assembling of the Legislature, it will be observed, required that No person prohibited from holding office under the United States, or under any State, by section 3 of the proposed amendment to the Constitu¬ tion of the United States, known as Article Fourteen, shall be deemed eli¬ gible to any office in either of said States, unless relieved from disability as provided in said amendment. " The Legislature thus convened having been organized under the orders of the Commanding General without in¬ quiring into the eligibility of its members as required by this act of Congress, his attention was called to the fact that persons disqualified by that act were then sitting and acting as members; whereupon the Commanding General directed the body to examine into the subject of the eligi¬ bility and proper qualification of its members; and upon a resolution being adopted in each House that all the then sitting members were eligible and qualified, the Command¬ ing General authorized the body to proceed with the legis¬ lative action required by the several laws of Congress to which reference has been made. "This legislative action was taken on the 21st of July, 1868, in apparent good faith, and members of Congress who were elected, as provided by an ordinance of the Con¬ stitutional Convention, to the Forty-first Congress, were admitted to the last session of the Fortieth Congress upon presentation of certificates from the District Commander that they had received the highest number of votes in their respective districts. This admission occurred in July, 1868, and Congress adjourned on the 25th of the same month. " The Legislature, on the 29th of July, 1868, proceeded to the election of United States Senators, when, by uniting the entire vote of the disqualified members and the mem- 58 JOUBNAL OF THE HOUSE. bers who were opposed to the Congressional policy of re¬ construction, with a few who had assumed to favor it, Messrs. Hill and Miller were declared to have been elected Senators, the former for the term ending March 4, 1873, the latter for the term ending March 4, 1871. Although, as has since been disclosed, if the twenty-five or more dis¬ qualified men had Jieen excluded, neither of these gentle¬ men could have been elected, Mr. Hill's majority on joint ballot having been but seven and Mr. Miller's but fourteen. " This action having been taken and the District Com¬ mander having issued his order relinquishing military con¬ trol, it was assumed that therequirements of Congressional law had become inoperative, and that the National author¬ ity was no longer effective in Georgia. " On the 8th day of August, 1868, a resolution was offered in the House of Bepresentatives of the General Assembly 'denying the eligibility of colored men to seats upon the floor of the House,' who up to that time had been acting as members, and on the third day of September following, twenty-six colored members were expelled. On the 12th day of September similar action was perfected in the Sen¬ ate, and all the colored Senators were expelled. On the sixth day of October, 1868, this organization adjourned. "Congress re-assembled on the 7th day of December, 1868, when the credentials of one of the Senators elect, Hon. Joshua Hill, were presented in the Senate, and, upon objection being made, his credentials were referred to the Judiciary Committee. This committee, having examined thoroughly into the organization, and the revolutionary action of the legislative bod}', which had assumed to elect these Senators, and after having had the case before it for deliberation for many weeks, the committee made an elaborate report to the Senate against the admission of Mr. Hill, in which that committee say: Your committee are of opinion that the act of June 25, 1868, which re¬ quired that the Constitutional Amendment should be duly ratified, must be held to mean that it must be ratified by a Legislature which has in good faith substantially complied with the requirements of law providing for its •organization. WEDNESDAY, FEBRUARY 2, 1870. 59 " Referring to the fact that ordinarily the election and qualification of members of the State Legislature is not a subject to be inquired into by the Senate, the committee in their report, marked very distinctly, the difference between a State which has uninterruptedly maintained its proper relations to the Union and one like ours, in which a gov¬ ernment is- being organized under and by virtue of the authority of the United States. The committee say: The election and qualification of members of the Legislature, where the existence of any Legislature authorized to act as such is not involved, cannot he inquired into by the Senate in determining the right of a Senator to his seat, your committee hold that the question involved in this case is not whether persons not entitled to seats in the Legislature were received by that body and allowed to vote upon the election of a Senator, but whether the body assuming to be the Legislature violated the conditions upon which it was allowed to organize, by permitting disloyal persons to parti¬ cipate in its proceedings. " In repelling the proposition that the action of the Le¬ gislature touching the eligibility of its members, under the law and the Fourteenth Amendment, together with the subsequent action in the premises by the District Comman¬ der, finally disposed of the whole question and debarred Congress from taking any action—the committee say: Whereupon the two Houses went through the form of an investigation. But from the evidence before your committee, the investigation does not appear to have been conducted in good faith, or with any intention either of finding the facts or of excluding persons known to be disqualified. A committee was appointed in each House. In the Senate the majority of the committee found all the members qualified, but there was a minority report which gave an abstract of the evidence and found four Senators dis¬ qualified. The evidence consisted of the admissions of the Senators them¬ selves, which, if true, they should have been excluded. Yet the Senate passed a resolution, under the operation of the previous question, admit¬ ting them all. ********* For the purposes of this report, however, your committee did not deem it necessary to ascertain the number of disqualified persons admitted. But the fact that any were knowingly admitted was not only a violation of the Fourteenth Amendment, and a failure to comply with the requirements of Congress, but manifests a disposition to disobey and defy the authority of the United States. If one could be admitted, why not all? And will it be contended that if the entire body had been composed of men who had 60 JOURNAL OF THE HOUSE. usurped the functions of the Legislature against the express provisions of the reconstruction acts, they could have complied with the provisions^ of those acts so as to create any obligation on the part of Congress to receive their Senators and Representatives ? " The action of Congress in this matter is fully quoted, because of its importance, as the foundation upon which the subsequent action rests. "If our legislative organization bad been perfected as re¬ quired by the laws, there would have been no power rest¬ ing in Congress to interfere which would not apply equally to the adhering States—New York or Massachusetts—but when it was ascertained that we had not complied with the laws, and had not organized the Legislature by excluding men who were disqualified by the law, Congress could in nowise be bound by the action of such a body, and the right, we may say the duty, of Congress to adopt such measures as seemed to them proper to enforce their own laws, was not only indisputable but freely admitted. As will be subsequently shown, Congress and the President concur in requiring us to commence again the work of reconstruction at the precise point where a failure in the execution of those laws become apparent, viz: the Fourth Day of July, 1868. " That both Houses of Congress moved in harmony upon this subject is established by the adoption of the following preamble and resolution in the House of Representatives of Congress after the report of the Judiciary Committee was made in the Senate : Whereas, It is reported that the Legislature of Georgia has expelled the colored members thereof, and admitted to their seats white men who received minorities ot votes at the polls, aud that members of said Legis¬ lature who had been elected thereto by the votes of colored men joined in such action, and that twenty-seven disqualified white men hold seats in said Legislature, in violation of the Fourteenth Amendment to the Consti¬ tution and the reconstruction acts of Congress ; and Senators from Georgia have not been admitted to the Senate of the United States, Resolved, That the Committee on Reconstruction be ordered to inquire and report whether any, and if any, what further action ought to be taken during the Fortieth Congress respecting the representation of Georgia in this House. [Adopted January 28—yeas 127 ; nays 33.] WEDNESDAY, FEBRUARY 2, 1870. 61 "While this action was being taken by Congress, indi¬ cating plainly the desire, the judgment and the purpose of the Government, this illegal legislative organization of ours, on the 13th January, 1869, re-assembled, and after being in session until the 18th day of March following, refused to heed the recommendations then repeated to perfect its organization in accordance with the laws of Congress, by the exclusion of the disqualified persons and the restora¬ tion of members expelled on account of their color. "All that has since been done could then have been avoided. We all knew what was required of us, and should have promptly complied. "Valuable lives would have been saved. The peace, good order and good name of our State would have been main¬ tained, and our material prosperity greatly enhanced, by following the dictates of wisdom and ceasing useless and fruitless opposition to the inevitable. But unfortunately other counsels were heeded and the policy of reaction and resistance prevailed at that time. " Congress assembled again on the first Monday of De¬ cember, 1869, and in accordance with the recommendation of the President proceeded promptly to prepare and adopt an act to promote the reconstruction of Georgia, and thus overcome the obstacles which had been placed in the way of restoration by the men who had embraced every pre¬ vious opportunity to defeat that wise and just policy which is involved in the Congressional enactments for the estab- lisment of civil governments in this and other Southern seceeding States. " The act under which you are now assembled and organ¬ ized was adopted in the United States Senate on the 17th of December, 1869, by a vote of 46 to 9, and in the House on the 21st of the same month by a vote of 121 to 51, and became law by the approval of the President on the fol¬ lowing day, thus displaying the united determination of Congress and the President that the machinations of de¬ feated rebels should not prevail by civil proceedings after their armed opposition had been so signally defeated. " In accordance with the letter and the spirit of the ac- 62 JOURNAL OF THE HOUSE. tion of Congress, the President, on the 24th of December, 1869, assigned 'an officer of the army, not below the rank of Brigadier-General'—Brevet Major-General Alfred H. Terry—to the command of Georgia as a Military District. " I have thus recapitulated the facts covering our politi¬ cal history from the time of the adoption of the act of March 2, 1867—which declares That until the people of said Rebel States shall by law be admitted to representation to the Congress of the United States, the civil governments that may exist therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States, any time to abolish, modify, control and supersede the same, etc. — up to the present hour, and it will not, I think, be seriously argued that the right reserved by Congress in that act has ever been withdrawn by the action of Congress or expired by reason of any legal act of our own. " But the argument made by General Terry in his report is so cogent and conclusive that I repeat it here. I quote from Major-Geueral Terry's report, dated 'Atlanta, Ga., August 14, 1869. ****** * While I have been in command of the Department, I have endeavored to take no action which could not be justified by the letter of the law, even if Georgia should be held to be restored to its original relations to the general government. I have confined myself to giving support to the civil author¬ ities, and moving detachments of troops into some of the disturbed coun¬ ties where their presence would exert a good influence, and where they would be ready to act if properly called upon. I think that some good has,, in this way, been accomplished, but the great evil has by no means been reached. As a Department Commander. I can do no more ; for whatever may be the status of Georgia, and whatever may be the powers which an officer assigned to command the Third District, created by the reconstruc¬ tion acts, would possess, it is only an officer, so assigned, who could exer¬ cise them : they are not vested in me by my assignment to the command of this Department. Where, therefore, the civil authorities are in sympathy with, or are over¬ awed by those who commit crime, it is manifest that I am powerless. In this connection, I respectfully call the special attention of the General Commanding the army to the reports in regard to the attempt made in Warren county to secure the ari-est and punishment of persons charged with crime, which are to-day forwarded. It appears to me that the national honor is pledged to the protection of the loyalist and the freedmen of the South. I am well aware that the protection of persons and propertv is not ordinarily one of the functions of the National Government, but when it WEDNESDAY, FEBRUARY 2, 1870. 63 is remembered that hostility to the supporters of the government, is but a manifestation of hostility to the government itself, and that the prevailing prejudice against the blacks results from their emancipation—the act of the government—it would seem that such protection cannot be denied them, if it ba within the power of the government to give it. I know of no way in which such protection can be given in Georgia, except by the exercise of the powers conferred on military commanders by the recon¬ struction acts. The question whether these powers can still be exercised in this State, is a grave one. I should hesitate to attempts lie discussion of it, were I not convinced of the absolute necessity of such action. Be¬ ing convinced of that necessity, I venture to present my views to the Gen¬ eral Commanding. By the act entitled ' An Act to provide for the more efficient govern¬ ment of the rebel States,' passed March 2, 1867, it is provided in the first section thereof, that the States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas and Arkansas, shall be divided into five Military Districts, and subjected to military au¬ thority ; and in the second section, that to each of said districts shall be assigned as a Commander an officer of the army not below the rank of Brigadier-General. The third and fourth sections of the act specify the powers and duties of District Commanders; making it their duty ' to sup¬ press insurrection, disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace,' etc. The fifth section pre¬ scribes the manner in which, and the conditions upon which, the rebel States may be restored to their normal relations to the National Govern¬ ment, and fixes the contingencies upon the happening of which, the preced. ing sections shall become inoperative in said States respectively ; upon the happening of which, military control in said State shall cease. This sec¬ tion is as follows, to-wit: ' Section 5. And be it further enacted, That when the people of any one of the said rebel States shall have formed a constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elevated by the male citizens of said State, twenty-one years old and upward, of whatever race, color or previ¬ ous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for parti¬ cipation in the rebellion or for felony at common law ; and when such consti¬ tution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates ; and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for dele¬ gates ; and when such constitution shall have been submitted to Congress for examination and approval, and v. ongress shall have approved the same, and when said State, by a vote of its Legislature elected under said Consti¬ tution shall have adopted the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress and known as Article Four¬ teenth ; and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom 64 JOURNAL OF THE HOUSE. on their taking the oath prescribed by law ; and then and thereafter e preceding sections of this act shall be inoperative in said State . Provi e that no person excluded from the privilege of holding office by said pro¬ posed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention.' It will be observed that, after prescribing the terms of restoration, it provides that, when they shall have been complied with by any one of the States to which the act applies, said State shall be declared to be entitled to representation in Congress ; and senators and representatives shall be admitted therefrom on their taking the oath prescribed by law ; and then and thereafter the preceding sections shall be inoperative in said State. I respectfully submit that, by this language, the actual admission of Senators and Representatives is made a condition precedent to the abrogation of military authority ; that the action of the two Houses of Congress in admit¬ ting members was provided for as the final recognition of the restoration of the States ; and that until that recognition by the law-making power, un¬ less subsequent acts have changed, modified, or repealed this act, in this respect, the powers conferred on District Commanders may be exercised. The supplementary acts of March 23, and July 19, 1867, to my appre¬ hension, have no bearing whatever upon this question ; they in no degree modify or change the act of March 2d, in respect to the time when, or the conditions upon which the first four sections of that act become inoperative. The act of June 25, 1868, the only remaining act which relates to the government and restoration of the rebel States, seems to have been passed mainly in pursuance of those portions of that fifth section of the act of March 2, 1867, which provide for the submission to, and approval by Con¬ gress of the Constitutions framed for the several States, and for a declaration by Congress that the States are entitled to representation. It contains a conditional approval of the constitutions formed for certain of the rebel States, and the reaffirming one of the original conditions of restoration, provides that after the ratification of the Fourteenth Amendment, by the Legislatures of the said States, they shall be entitled and admitted to rep¬ resentation. In this there seems to be no departure from the original act; that act also provided that when the prescribed terms and conditions should be complied with, the States should be entitled and admitted to representation, but it made the cessation of military control dependent on the actual admission of Senators and Representatives ; and the act of June 25th leaves this matter where the original act placed it. The plan of re¬ construction contemplates five great steps. 1st. The formation of a State Constitution. 2d. The approval of that Constitution by Congress. 3d. The ratification of the Fourteenth Amendment. 4th. The declaration by Con¬ gress that the State is entitled to representation ; and 5th. The final act of recognition—the admission of Senators and Representatives on their taking the oath prescribed by law. When all these steps are taken, the powers conferred on military commanders cease to exist; until then they may be exercised. The persons elected as Senators by the Legislature of Georgia have never been admitted to the Senate, and no representatives from the WEDNESDAY, FEBRUARY 2, 1870. 65 State have been admitted to the present Honse of Representatives. I therefore respectfully submit that the work of reconstruction here has not been completed, and that consequently the powers conferred on military commanders may still be exercised within the State. Thus far t have proceeded on the assumption that all the conditions pre¬ cedent to restoration have been complied with by Georgia, but I now sub¬ mit that the Fourteenth Amendment has not been duly ratified by its Legislature. The act of June 25, 1868, in its concluding section, provides that ' no person prohibited from holding office under the United States or under any State by Section 3 of the proposed amendment to the Constitu¬ tion of the United States known as Article XIV, shall be eligible to any office in either of said States, unless relieved from disability as provided in said amendmentthus in effect prescribing the character of the Legisla¬ ture by which said amendment should be adopted as a condition precedent to restoration, that is to say, Legislatures composed of persons eligible to office under that amendment. No such Legislature has yet assembled in Georgia ; for it is well ascertained that in the Legislature which did assem¬ ble, and which acted upon the Fourteenth Amendment, were a number of persons who were not eligible to seats therein. The facts in the case are fully set forth in the following extract from the report made in July last by a majority of the Judiciary Committee of the Senate of the United States to whom had been referred the credentials of Mr. Joshua Hill, claiming to be a Senator elect from this State, viz : ' The District Commander, General Meade, by a General Order dated June 25, 1868, declared the result of the election, Rufus B. Bullock being elected Governor, and among the members elected to the Legislature in that order were thirty-one colored men—three Senators and twenty-eight Representatives. (See exhibit No. 1.) By a proclamation of the Gov¬ ernor elect, in pursuance of the act of June 25, 1868, the Legislature of Georgia convened on the 4th July following. On the 8th July, the organi¬ zation of the two houses was effected, and all persons declared elected were allowed to take their seats. ' When the Governor elect was notified of the action of the two houses, he addressed a communication to General Meade, Commander of the Dis¬ trict, informing him of the fact, and also that it was alleged that a number of the members of the General Assembly who had taken their seats and one or more officers of that body were not eligible under the act of June 25, 1868, by reason ot their having taken an official oath to support the Constitution of the United States and subsequently had given aid and com¬ fort to the enemies thereof. General Meade on the same day replied to the communication, and, among other things, desired the Governor elect to communicate to the Legislature that he could not recognize any act of that body as valid, or allow the same to be executed until satisfactory evidence was produced that all persons excluded by the Fourteenth Amendment were deprived of their seats in both houses. Whereupon, the two houses went through the form of an investigation. But from the evidence before your committee, the investigation does not appear to have been conducted in good faith, or with any intention either of finding the facts or of excluding persons known to have been disqualified. A committee was appointed in 5 66 JOURNAL OF THE HOUSE. each house. In the Senate the majority of the committee found all the members qualified ; but there was a minority report which gave an abstract of the evidence and found four Senators disqualified. The evidence con¬ sisted of the admission of the Senators themselves ; which, it true, they should have been excluded. Yet the Semite passed a resolution, under the operation of the previous question, admitting them all. These facts ap¬ pear in the official correspondence between Governor Bullock and General Meade in regard to the organization of the Georgia Legislature. (See Ex¬ hibit A.) There were three reports in the House. The majority report found two members disqualified ; one of the minority reports found still another member disqualified, but the other minority report lound that all were qualified. The last report was adopted by the House under the opera¬ tion of the previous question. To illustrate the manner in which the in¬ vestigation was conducted, a copy of the proceedings of the Legislature on the 16th, 17th, and 18th days of July, 1868, as reported in the Atlanta Daily Era, and forwarded to the State Department, is attached to this report. (See Exhibits A, B, and C.) It is alleged that an impartial investigation would have shown from thirty to forty members of the Legislature dis¬ qualified under the Fourteenth Amendment, and although your committee have not been able to fully investigate this matter, but from the evidence before them, they have little doubt that the number was large, as the ex¬ hibit hereto attached will tend to establish.' It may be contended that this action of the two branches of the Legisla¬ ture is final and conclusive ; but I respectfully submit that by the terms of the act of March 2, the State government at the time was provisional only ; the Fourteenth Amendment had not been ratified, the conditions prece¬ dent to restoration had not been performed, the State and its officers were still '' subject to the paramount authority of Congress," and to the authority which had been conferred by law on the military Commander of the Dis¬ trict, of which Georgia formed a part; therefore it was within the power of that Commander to determine the eligibility of members; and consequently the clause of the Constitution of the State which gives conclusive jurisdic¬ tion of this question to the two branches of the Legislature, cannot be con¬ sidered as having taking effect. And I also submit that the action of the Legislature admitting to mem¬ bership the ineligible persons elected to it, whether intentionally so or not, was, in effect, a fraud upon the reconstruction laws, and upon the government; a fraud which so vitiates its organization that it cannot be considered a Legislature within the terms and provisions of the reconstruc¬ tion acts; and therefore the Fourteenth Amendment has not been ratified by the Legislature of Georgia; the conditions precedent to the restoration of the State have not been fully complied with, and the first, second, third and fourth sections of the act of March 2 have not become inoperative in this State. There have been several official acts of the Executive and Legislative Departments of the Government bearing upon this question, some of which declare or imply that the State has been restored to its normal condition; others that it has not been. Of the former class are: First. The order of General Meade declaring the State restored, and withdrawing from the WEDNESDAY, FEBRUARY 2, 1870. 67 exercise of military control over it. Secondly. General Orders No. 55, Adjutant-General's Office, Washington, July 28, 1868, declaring that the Third Military District has ceased to exist; and Thirdly. The admission of members from Georgia to the House of Representatives of the Fortieth Congress. Of the latter class are: The refusal of the Senate to admit the persons elected to it from Georgia; the refusal of the present House of Kepresentatives to admit members to it from the State, and the refusal of Congress to count in the accustomed manner the electoral vote of the State- at the recent Presidential election. It is hardly necessary to suggest that the argument to be drawn from this action, as a whole, is strongly against the proposition that the State has been restored. In conclusion, I desire to express my conviction that the only way to restore good order in the State is to resume military control over it for the time being, and ultimately to provide by law that the Legislature shall reassemble as a provisional Legislature, from which all ineligible persons shall be excluded, and to which all eligible persons elected to it, white or black, shall be admitted. Such a Legislature would, I believe, enact such laws and invest the Executive with such powers as would enable him to keep the peace, protect life and property, and punish crime. The process of resuming military control would, it appears to me, be a very simple one. All that would be required is an order from the Presi¬ dent countermanding General Orders No. 55, Adjutant-General's Office, July 28, 1868, and General Orders No. 103, Headquarters Third Military District, July 22, 1868, and assigning an officer to the command of the District; excepting the States of Florida and Alabama. This action I re¬ spectfully recommend. I have the honor to be, General, very respectfully, your obedient servant, (Signed) ALFKED H. TERKY, Brevet Major-General Commanding. " That the foregoing presents the correct legal view of the case, and that Congress and the administration have so decided, is fully established by the fact that Congress has assumed to legislate upon the subject, and that the President has approved such legislation, and has assigned a commander to this district, by the following order: Headquarters of the Army, Adjutant-General's Office, Washington, January 4, 1870. General Orders, No. 1. By direction of the President of the United States, so much of General Orders, No. 103, dated Headquarters Third Military District, (Department of Georgia, Florida and Alabama,) Atlanta, Georgia, July 22, 1868; and so much of General Orders, No. 55, dated Headquarters of the Army, Adju¬ tant-General's Office, Washington, July 28, 1868, as refers to the State of Georgia, is hereby countermanded. Brevet Major-General Terry will, un¬ til further orders, exercise within that State the powers of the Commander 68 JOURNAL OF THE HOUSE. of a Military District, as provided by the act of March 2, 18G7, and the acts supplementary thereto, under his assignment by General Orders, No. 83, dated Headquarters of the Army, Adjutant-General's Office, Washing¬ ton, December 24, 1869. By command of General Sherman: E. D. TOWNSEND, Adjutant-GeneraL " That it is a political question upon which Congress is the sole and final judge, will not be denied. " It therefore follows that, having perfected an organi¬ zation as required by law, you are prepared and required to pass upon the several subjects submitted for your action by the acts of Congress, known as the reconstruction acts, and to elect Senators. " These subjects are the ratification of the Fourteenth Amendment, giving the assent of the State to certain mod¬ ifications of the Constitution, and the adoption of the Fif¬ teenth Amendment. " Should it be urged that we have already acted upon the Fourteenth Amendment, etc., it is a sufficient answer to quote the action of Congress, wherein they hold that no legal organization of a Legislature has heretofore been perfected. And should it be argued that Georgia was counted as having ratified the Fourteenth Amendment, it is answered by the following joint resolution of Congress, adopted before Georgia acted, and in which Georgia is not named." Concurrent Resolutions of Congress respecting the ratification of the Fourteenth Amendment to the Constitution, July 21, 1868. Whereas, The Legislatures of the States of Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas, Missouri, Indiana, Ohio, Illinois, Minnesota, New York, Wisconsin, Pennsylvania, Rhode Island, Michigan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina and Louisiana, being three-fourths and more of the several States of the Union, having ratified the Fourteenth Article of Amendment to the Consti¬ tution of the United States, duly proposed by two-thirds of each House of the Thirty-ninth Congress, therefore, Resolved, By the Senate, [the House of Representatives concurring] that said Fourteenth Article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Sec¬ retary of State. July 21—Passed the Senate without a count. WEDNESDAY, FEBRUARY 2, 1870. 69 Same day the Hcrase passed the resolution—yeas 126, nays 32 ; the pre¬ amble—yeas 127, nays 35. " Our action having been accepted and approved by Con¬ gress by the admission of Senators and Representatives, we will, after nearly ten years of wandering astray, be once more a State in the Union. Our Constitution will then become of foroe, and upon the election by your now legal organization of the officers provided for by the Con¬ stitution, the State Government will become a government dejure; the members of your honorable body will enter upon the terms for which they were elected, and it is hoped and believed that nothing will ever again occur to disturb the harmonious relations which should be forever main¬ tained between this State and the National Government. "I transmit herewith authentic copies of the joint reso¬ lutions of the Thirty-ninth Congress proposing an amend¬ ment to the Constitution of the United States, known as Article XIV., and the joint resolution of the Fortieth Con¬ gress proposing an amendment known as Article XV.; also the act of June 25, 1868, which requires the assent of the State to be given to certain modifications of the Constitu¬ tion of the State. " The party in this State which has promoted reconstruc¬ tion may properly be mentioned in a communication of this character, because party lines here, as in all the South¬ ern States since the rebellion, have been drawn between those who favored restoration of State governments under Congressional enactment and those who opposed such restoration, the former party being in favor of compliance, and the latter party opposed to any settlement which did not practically yield all the issues which the General Gov¬ ernment had established by force of arms. " This party, therefore, has been and is the party of peace, and the other the organization of all the elements of dis¬ cord, discontent and defiance. And I speak of the party fovoring the reconstruction measures, now to recognize the fact that its course has been consistent and persistent in support of the measures provided by Congress as a settle¬ ment and for a restoration of civil government in the South, 70 JOURNAL OF THE HOUSE. and the party has been equally as determined in its oppo¬ sition to every scheme which the old political tricksters have devised to defeat this wise and just policy of Con¬ gress. "In pursuing their opposition to Congress, these political charlatans have resorted to every conceivable baseness, abandoning argument to take up with murder and assassi¬ nation ; disregarding principles to indulge in villification, and now, in their hopeless despair, we find them endeavor¬ ing to grasp a Republican livery, under which they hope to hide their nefarious purpose. They now loudly pro¬ claim their hot haste to promote reconstruction and to adopt measures which will successfully perfect it. "While we congratulate the State, and the country, even upon its outward evidence that wisdom is returning to our misguided brethren, the party door is wide and open for any and all who desire to enter and support the great principles of equal rights and republican liberty, which have triumphed over secession and rebellion. "We desire the good of the whole people; that the rights of the poor laboring men shall be equally protected with those of the rich; that the avenues of intelligence shall be open for all, and that a citizen's worth shall be determined by his own efforts and his own character, neither advanced nor retarded by his birth, his color, his religion or his politics. Upon this platform all can unite. The industrious, the intelligent, and those who love peace rather than strife, will soon abandon the lead of disap¬ pointed politicians, and aid in sustaining the Government. " The wrongs which have been done, the lawless outrages which have been committed in many parts of the State, are the acts of but a few irresponsible persons. When all good citizens exert their influence in favor of justice, law¬ lessness will cease. "Let us, therefore, unite in a complete recognition of the rights of men, irrespective of birth, color or previous con¬ dition, and frankly admit that under, and before, the law all men are equal—that all are responsible—and see to it that by future legislation the requirements of our Consti- WEDNESDAY, FEBRUARY 2, 1870. 71 tution are recognized—that free schools are established and maintained, and that protection is secured for person and property, and for the free expression of political opinions. "Let party lines be extended so as to welcome and in¬ clude all who are in favor of impartial suffrage and uni¬ versal amnesty. Under our State Constitution no man is disfranchised, and under the Constitution of the United States no man will be disqualified from holding office who is ready to maintain and uphold the Government. "I would respectfully recommend that the Fourteenth Amendment and the fundamental conditions required by the Act of June 25, 1868, and the Fifteenth Amendment be adopted at once, and that your honorable body then take a recess until Monday, the 14th instant. " Should it be deemed desirable by any member to at¬ tempt general legislation at this time, his attention is in¬ vited to the following extract from the opinion of the Hon¬ orable Attorney General of the United States in the case of Virginia : It is required under the previous law to act upon the question of adopt¬ ing * * [Amendments] to the Constitution of the United States before the admission of the States to representation in Congress. I am of opinion, therefore, that it may come together, organize, and act upon that Amend¬ ment, but that until Congress shall have approved the Constitution, and the action under it, and shall have restored the State to its proper place in the Union, by reorganizing its form of Government as republican, and ad¬ mitting it to representation, the Legislature is not entitled, and could not, without violation of law, be allowed to transact any business, pass any act -or resolve, or undertake to assume any other function of a Legislature, if the test oath has not been required of its members. "In a subsequent opinion the honorable Attorney Gen- oral decided that the election of Senators, at the proper time, was a part of the work of reconstruction. "Yourorganization having been recognized from to-day, the time fixed by the United States for the election of Sen¬ ators will occur on Tuesday, the 15th instant, and as it is unwise to attempt any general legislation while the Gov¬ ernment is Provisional, and pending our recognition by Oongress, the recess recommended seems desirable. 72 JOURNAL OF THE HOUSE. " I shall esteem it a personal and an official favor if your, honorable body will authorize a Joint Committee to sit during the recess, and investigate the indirect charges made by the Treasurer through the public prints against the Executive, as well as any and all charges he may now have to present. I would respectfully recommend that the committee be authorized to send for persons and papers, and to administer oaths; and I am confident that such validity will be given to the acts of the committee, by the Commander of the District, as may be necessary to insure justice. "Rufus B. Bullock, Provisional Governor. "Atlanta, Wednesday, February 2, 1870." Mr. O'Neal of Lowndes offered the following preamble and resolution and moved that the same be adopted: Whereas, At the session of the Thirty-ninth Congress it was resolved by the Senate and House of Representa¬ tives of the United States of America, in Congress assem¬ bled, two-thirds of both Houses of Congress concurring, that the following article shall be proposed to the Legis¬ latures of the several States, as an amendment to the Constitution of the United States, which amendment, when it shall have been ratified by three-fourths of the said Leg¬ islatures, shall be valid to all intents and purposes as a part of the said Constitution, namely: ARTICLE XIV. Section 1. All persons bora or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and the States wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among WEDNESDAY, FEBRUARY 2, 1870. 73 the several States according to their respective numbers., counting the whole number of persons in each State, ex¬ cluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any¬ way abridge, except for participation, or other crime, the basis of representation therein shall be rendered in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Sec. 3. No person shall be a Senator or Representative in Congress, or electors of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in sup¬ pressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrec¬ tion or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, and obligations and claims shall be held illegal and void. Sec. 5. The Congress shall have power to enforce by appropriate legislation the provisions of this Article; therefore, Resolved, If the Senate concur, that the said proposed 74 JOURNAL OF THE HOUSE. amendment to the Constitution be, and the same is hereby, ratified by the Legislature of the State of Georgia. The previous question called and sustained; the main question put, and the resolution put upon its passage; upon the adoption of which, the yeas and nays being required to be recorded, resulted in yeas 71, and nays 00. Those voting in the affirmative are Messrs.— Atkins, Gardner, Madison, Allen of Jasper, Guilford, McCormick, Allen of Hart, Goodwin, Neal, Armstrong, Hillyer. O'Neal of Baldwin, Bell, Harrison of Hancock, Prudden, Buchan, Hall of Meriwether, Porter, Bethune, Harden, Perkins of Dawson, Barnes, Hutchings, Perkins of Cherokee, Bradford, Holden, Beid, Beard, Hooks, Bichardson, Cunningham, Houston, Bice, Carpenter, Higdon, Smith of Charlton, Carson. Haren, Smith of Muscogee, Claiborne, Johnson of Towns, Strickland, Colby, Johnson of Spalding, Simms, Costin, Joiner, Saulter, Clower, Jackson, Tweedy, Campbell, Lastinger, Watkins, Davis, Lane, Warren of Burke, Ellis, Linder, Williams of Harris, Fitzpatrick, Madden, Williams of Haralson, Floyd, Moore, Zellars. Golden, Maull, Mr. Speaker. Mr. O'Neal of Lowndes paired off with Mr. Turnipseed. Mr. Maull paired off with Mr. Harkness. Mr. Humber paired off with Mr. Turner. Yeas 71. Nays 00. So the resolution was adopted. Mr. O'Neal of Lowndes offered the following preamble and resolution, and moved that the same be adopted: Whereas, The Congress of the United States by the Act of June 25th, 1868, proposing to admit the State of Georgia to representation in Congress as a State of the WEDNESDAY, FEBRUARY 2, 1870. 75 United States, imposed as one of the conditions upon which the same shall take effect, that the first and third subdivisions of section seventeen, of the fifth Article of the Constitution of the State of Georgia, except the proviso of the first subdivision, shall be null and void, and that the General Assembly shall, by solemn Act, declare the assent of the State to said condition; It is therefore, Resolved by the House of Representatives, the Senate con¬ curring, That the General Assembly of the State of Georgia does hereby declare the assent of the State of Georgia to the said condition. The previous question called and sustained; the main question put, and the resolution put upon its passage; upon the adoption of which the yeas and nays being re¬ quired to be recorded, resulted in yeas 71, and nays 1. Those voting in the affirmative were Messrs.— Atkins, Guilford, Moore, Allen of Jasper, Goodwin, Madison, Allen of Hart, Gober, McCormick, Bell, Hillyer, O'Neal of Baldwin, Buchan, Holcombe, Prudden, Betkune. Harrison of Hancock, Porter, Barnes, Hall of Meriwether, Perkins of Dawson, Bradford, Hall of Bulloch, lieid, Beard, Harden, Bichardson. Cunningham, Hutchings, Bice, Carpenter, Holden, Smith of Charlton, Carson, Hooks, Smith of Muscogee, Claiborne, Houston, Sewell, Colby, Higdon, Strickland, Costin, Haren, Simms, Clower, Johnson of Towns, Saulter, Campbell, Johnson of Spalding, Tweedy, Davis, Joiner, Watkins, Ellis, Jackson, Warren of Burke, Fitzpatrick, Lastinger, Williams of Harris, Floyd, Lane, Williams of Haralson, Golden, Linder, Zellars, Gardner, Madden, Mr. Speaker. Those voting in the negative were Messrs.— Hamilton. 76 JOURNAL OF THE HOUSE. Mr. O'Neal of Lowndes paired off with Mr. Turnipseed. Mr. Maull paired off with Mr. Harkness. Mr. Humber paired off with Mr. Turner of Bibb. Yeas 71. Nays 1. So the resolution was adopted. Mr. O'Neal of Lowndes offered the following preamble and resolution and moved that the same be adopted, to wit: Whereas, At the session of the Fortieth Congress it was resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two- thirds of both Houses concurring, that the following Arti¬ cle shall be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which amendment, when it shall have been ratified by three-fourths of the Legislatures, shall be valid to all intents and purposes as a part of said Constitution, viz: ARTICLE XY. Section 1. The rights of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color or pre¬ vious condition of servitude. Sec. 2. The Congress shall have power to enforce this Article by appropriate legislation; therefore, Resolved, If the Senate concur, that the said proposed amendment to the Constitution be, and the same is hereby, ratified by the Legislature of the State of Georgia. The previous question called and sustained; the main question put, and the resolution put upon its passage; upon the adoption of which the yeas and nays being required to be recorded, resulted in yeas. 75, and nays 29. Those voting in the affirmative are Messrs.— Atkins, Bell, Bradford, Allen of Jasper, Bnchan, Beard, Allen of Hart, Betliune, Cunningham, Armstrong, Barnes, Carson, WEDNESDAY, FEBRUARY 2, 1870. 77 Claiborne, Colby, Costin, Clowers, Campbell, Caldwell, Davis, Ellis, Fitzpa trick, Floyd, Golden, Gardner, Guilford, Goodwin, Gray, Gober, Hillyer, Holcombe, Harrison of Hancock, Hall of Meriwetlier, Harden, Hutcbings, Holden, Hooks, Houston, Higdon, Haren, Johnson of Towns, Johnson of Spalding, Joiner, Jackson, Lastinger, Lane, Linder, Madden, Moore, Madison, McCormick, Nesbit of Gordon, Nisbet of Dade, O'Neal of Baldwin, Prudden, Porter, Parks, Perkins of Dawson, Price, Reid, Richardson, Rice, Smith of Charlton, Smith of Muscogee, Sewell, . Strickland, Simms, Saulter, Tweedy, Watkins, Warren of Burke, Williams of Harris. Williams of Haralson, Williams of Morgan, Zellars, Mr. Speaker. Those voting in the negative are Messrs.— Barnum, Felder, Perkins of Cherokee, Ballanger, Gullatt, Pepper, Brown, Hall of Glynn, Rainey, Cobb, Hamilton, Sisson, Cleghorn, Hook, Scott, Cloud, Harris, Tumlin, Clark, Kytle, Tate, Duncan, McArthur, Vinson, Erwin, Matthews, Walthall, Fincannon, Phillips, Warren of Quitman. Mr. O'Neal of Lowndes paired off with Mr. Turnipseed of Clay. Mr. Maull of Muscogee paired off with Mr. Harkness of Butts. Mr. Humber of Stewart paired off with Mr. Turner of Bibb. Yeas 75. Nays 29. So the resolution was adopted. Mr. Tweedy of Richmond moved that the three resolu- 78 JOURNAL OF THE HOUSE. tions offered by Mr. O'Neal, and adopted, be transmitted forthwith to the Senate; which motion prevailed. Mr. Scott of Floyd offered a resolution that, Whereas, Vacancies existed in certain counties in this State, that his Excellency the Governor issue his procla¬ mation to fill said vacancies. The following communication was received from his Ex¬ cellency the Provisional Governor by Mr. Lester, his Sec¬ retary : Mr. Speaker: I am directed by his Excellency the Provisional Gover¬ nor to to deliver to the House the following communica¬ tion, to wit: Headquarters Military District of Georgia, Atlanta, Ga., January 31, 1870. General Orders, No. 13. Whereas, by the terms of General Orders No. 9, cur¬ rent series, from these Headquarters, A. T. Bennett of Jackson county was declared to be ineligible to a seat in the House of Bepresentatives of Georgia; and whereas it appears that it is doubtful whether the name of A. J. Ben- net of said Jackson county, which appears in the list of persons relieved by the act of Congress from their disabil¬ ities, was not intended to be A. T. Bennett: Therefore ordered, that said Order No. 9, as far as it applies to said A. T. Bennett, be, and the same hereby is, revoked. Whereas, the application for an investigation into the eligibility of Mr. Frank Wilc-har of Taylor county to a seat in the House of Representatives has now been withdrawn: Therefore ordered, that the board convened by General Orders No. 3, current series, from these Headquarters, be, and it hereby is, discharged from further consideration of his case; and so much of General Orders No. 9, current series, as relates to him is hereby revoked. By order of Brevet Major-General Terry. J. H. Taylor, Official : Assistant Adjutant-General. R. P. Hughes, A. A. A. G. WEDNESDAY, FEBRUARY 2, 1870. 79 Mr. Caldwell of Troup offered a resolution requesting the Congress of the United States to relieve all citizens of this State from all disabilities imposed upon them by the Constitution and laws of the United States, and moved a suspension of the rules that said resolution be taken up; upon which he called for the yeas and nays; which call being sustained, resulted in yeas 61, nays 50. Those voting in the affirmative are Messrs.— Armstrong, Hall of Merriwether, Perkins of Cherokee, Anderson, Hall of Bulloch, Pepper, Bethune, Hall of Glynn, Price, Bamum, Holden, Reddish, Ballanger, Higdon, Rainey, Brown, Harrison of Franklin, Rumph, Carpenter, Hamilton, Rawles, Carson, Harper of Terrell, Smith of Charlton, Cobb, Hook, Sisson, Cleghorn,- Harris, Shumate, Cloud, Kytle, Seale, Clark, Lane, Scott, Caldwell, McArthur, Tumlin, Erwin, Matthews, Tate, Ford, Neal, Vinson, Fowler, Nash, Williams of Morgan, Fineannon, Nisbet of Dade, Walthall, Felder, Osgood, Warren of Quitman, Gray, Parks, Welchel, Gullatt, Phillips, Wilchar. Gober, Those voting in the negative are Messrs.— Atkins, Ellis, Johnson of Spalding, Allen of Jasper, Fitzpatrick, Joiner, Allen of Hart, Floyd, Jackson, Bell, Golden, Linder, Bucban, Gardner, Madden, Barnes, Guilford, Moore, Beard, Goodwin, Madison, Cunningham, Hillyer, Nesbit of Gordon, Claiborne, Harrison of Hancock, O'Neal of Baldwin, Colby, Harden, Porter, Costin, Hutchings, Perkins of Dawson, Clower, Houston, Reid, Campbell, Haren, Richardson, Davis, Johnson of Towns, Smith of Muscogee, 80 JOUKNAL OF THE HOUSE. Strickland, Tweedy, Williams of Harris, Simms, Warren of Burke, Williams of Harralson, Saulter, Yeas 61. Nays 50. Mr. O'Neal of Lowndes paired off with Mr. Turnipseed of Clay. Mr. Maull of Muscogee paired off with Mr. Harkness of Butts. Mr. Humber of Stewart paired off with Mr. Turner of Bibb. So the motion, three-fourths not voting in the affirmative, did not prevail. Mr. Bethune of Talbot offered a resolution appointing a joint committee to examine charges made by the Treas¬ urer of the State against the Executive of the State, as well as any charges that said Treasurer may make before said committee, and conferring upon said committee the power to send for persons and papers. Mr. Madden offered a resolution that, when the House adjourn, it stands adjourned until the 14th instant. Mr. Williams of Morgan moved to amend by adding that the members draw no per diem between the time of adjourning and convening. Mr. Bethune of Talbot offered a resolution restraining the collection of claims made prior to the first of June, 1865, until the General Assembly shall otherwise direct, and moved the suspension of the rules to take up said reso¬ lution, which motion did not prevail. Mr. Smith, from the committee appointed to procure the services of Chaplains to open the proceedings of the House with prayer, submitted the following report: Hon. R. L. McWhorter, Speaker of the House of Representatives : The committee appointed to procure the services of Chaplains to open the proceedings of the House with WEDNESDAY, FEBRUARY 2, 1870. 81 prayer, beg leave to submit tbe following as their report, to wit: After consultation with different eminent divines, we have procured the services of Dr. W. P. Harrison and Dr. R. W. Fuller of this city, and respectfully recommend these distinguished gentlemen to the consideration of the House, as suitable and efficient ministers of the gospel, for the duties required. All of which is respectfully submitted. F. M. Smith of Charlton, Chairman of Committee. Which report, on motion, was agreed to. The following message was received from the Senate, through Mr. Mills, the Secretary: Mr. Speaker: The Senate has concurred in the resolution of the House ratifying the Fourteenth and Fifteenth Amendments to the Constitution of the United States; and have also given their assent to the fundamental conditions imposed by Congress striking out the first and third subdivisions of section seventeen of the fifth Article of the Constitution of the State of Georgia, except the proviso of the first sub¬ division; and I am directed by the Senate to transmit the same forthwith to the House of Representatives. Mr. Lane, from the committee, appointed to select and report rules for the government of the House during its present session, submitted the following report: The committee appointed to select and report rules for the government of the House of Representatives, beg leave to report that they recommend the adoption of the same rules therefor, as was adopted at the beginning of the session commenced on 4th of July, 1868. W. A. Lane, Chairman. Which report, on motion, was concured in. The following message was received from the Senate, through Mr. Mills, the Secretary. 6 82 JOURNAL OF THE HOUSE. Mr. Speaker: I am directed to transmit the following resolution forth¬ with to the House. Resolved, That a joint committee, consisting of five from the Senate and seven from the House, be appointed to take into consideration that portion of the Governor s Message relating to charges which have been circulated against him in relation to the use or misapplication of the public funds: and that said committee be authorized to send for persons and papers. I am further directed to inform the House that the com¬ mittee on the part of the Senate, under said resolution, are Messrs. Harris, Dunning, Fain, Nunnally and Brock ; and I am directed to transmit the same forthwith to the House of Representatives. Mr. Williams of Morgan moved to suspend the rules to take up said message and concur in the same—upon which motion the yeas and nays were called, and resulted in yeas 72, and nays 44. Those voting in the affirmative are Messrs.— Atkins, Floyd, Lane, Allen of Jasper, Golden, Linder, Allen of Hart, Gardner, Madden, Armstrong, Guilford, Moore, Bell, Goodwin, Madison, Buchan, Hillyer, McCormick, Bethune, Holcombe, Neal, Barnes, Harrison of Hancock, Nesbit of Gordon, Bradford, Hall of Meriwether, Nisbet of Dade, Beard, Harden, O'Neal of Baldwin, Cunningham, Hutchings, Prudden, Carpenter, Holden, Porter, Carson, Hooks, Parks, Claiborne, Houston, Perkins of Dawson, Colby, Haren, Reid, Cos tin, Harper of Terrell, Richardson, C lower, Johnson of Towns, Rice, Campbell, Johnson of Spalding, Smith of Charlton, Davis, Joiner, Smith of Muscogee, Ellis, Jackson, Strickland, Fitzpa trick, Lastinger, Simms, WEDNESDAY, FEBRUARY 2, 1870. 83 Sanlter, Watkins, Williams of Haralson, Tweedy, Warren of Burke, Williams of Morgan, Tumlin, Williams of Harris, Zellars. Those voting in the negative are Messrs.— Anderson, Gray, Pepper, Barnum, Gullatt, Keddish, Ballanger, Gober, Bainey, Brown, Hall of Bulloch, Humph, Bryant, Hall of Glynn, Sisson, Cobb, Higdon, Shumate, Cleghorn, Harrison of Franklin, Seale, Clark, Hamilton, Scott, Caldwell, Hook, Tate, Duncan, Harris, Vinson, Erwin, Kytle, Walthall, Ford, McArthur, Warren of Quitman, Fowler, Matthews, Welchel. Fincannon, Nash, Wilcher. Felder, Perkins of Cherokee, Mr. O'Neal of Lowndes paired off with Mr. Turnipseed of Clay. Mr. Maull of Muscogee paired off with Mr. Harkness o£ l^utts, Mr. Humber of Stewart paired off with Mr. Turner of Bibb. Yeas 72. Nays 44. So the motion, three-fourths not having voted in favor thereof, did not prevail. The following message was received from the Senate through Mr. Mills, the Secretary: * Mr. Speaker: The Senate have adopted a resolution to take a recess, from to-day, until 10 o'clock a. m., the 14th instant, in which they ask the concurrence of the House; and I am directed to transmit the same forthwith to this branch of the General Assembly. On motion of Mr. Harper of Terrell the foregoing mes¬ sage from the Senate, and the resolution accompanying 84 JOURNAL OF THE HOUSE. the same, was taken up and concurred in, and the House took a recess until 10 o'clock a. m., Monday, the 14th in¬ stant. Monday, February 14, 1870. At the hour of 12 o'clock m. the House met, and was opened with prayer by the Rev. Mr. Smith. On motion, the calling of the roll was dispensed with. Journal read and approved. Mr. Porter of Chatham moved to reconsider so much of the Journal of the last proceedings as relates to the report of the committee appointed by the Chair to procure Chap¬ lains for the use of the House; which motion did not prevail. The following message was received from his Excellency the Provisional Governor, through Mr. Lester, his Secretary, to wit: Mr. Speaker : I am instructed by his Excellency the Provisional Gov¬ ernor to transmit a communication in writing. Which communication was taken up, read, and is as to wit: Atlanta, Ga., February 14,1870. Hon. R. L. MvWhorter, Speaker: I herewith respectfully transmit the names of A. W. Johi£ ston of Forsyth county and W. G. B. Rogers of Union county, who, as per communication of January 27th, were legally elected Representatives from their respective coun¬ ties and are prepared to take the oaths required by the act of Congress of December 22,1869; and respectfully recom¬ mend that the said persons be permitted to take the oaths and their seats at once. , Rufus B. Bullock, Provisional Governor. MONDAY, FEBRUARY 14, 1870. 85 In accordance with the communication of his Excel¬ lency the Governor, Messrs. A. W. Johnson of Forsyth county, Powell of Decatur county, and Rogers of Union county, appeared, produced their credeutials and having taken the oaths prescribed by law, took their seats. The following message was received from the Senate through Mr. Mills, the Secretary: Mr. Speaker: The Senate has adopted the following resolution, in which they ask the concurrence of the House: Resolved, That the Senate and House of Representa¬ tives will proceed on Tuesday, the 15th instant, at 12 o'clock M., to vote, viva voce, for one Senator in the United States Congress for the term expiring March 4, 1871; one for the term expiring March 4, 1873, and one for the term expiring March 4, 1877, and in accordance with law upon the subject; and I-am directed to transmit the same forth¬ with to the House of Representatives. The following message was received from his Excellency the Provisional Governor through Mr. Lester, his Secre¬ tary, to wit: Mr. Speaker: I am instructed by his Excellency the Provisional Gov¬ ernor, to transmit a communication in writing; which was taken up, read and is as follows, to wit: Atlanta, Ga., February 14, 1870. To his Excellency R. B. Bullock, Governor of Georgia: I beg leave to inform your Excellency, and through you the House of Representatives, that I was induced to sign an application for pardon, through a mistake, and did not mean thereby to admit that I labored under any disability to take the necessary oaths and resume my seat in the House, as a member from the county of Union. I now 86 JOURNAL OF THE HOUSE. offer to take the oath and respectfully ask that such direc¬ tion be given the matter as may admit of my doing so, and participating in the proceedings of the House of Repre¬ sentatives as by law, I respectfully submit, that I am enti¬ tled to do. Proof of the circumstances under which I was led to defer taking the oath, and of the facts of the case will be submitted as soon as the necessary affidavits can be prepared. Will your Excellency have the kindness to forward this communication to the House of Representatives, should the matter have passed beyond your control, so that the House may have my case before them when they receive or act upon credentials presented by, or upon behalf of, my competitor. I have the honor to be, Governor, very respectfully, your obedient servant, J. H. Pent,and. In connection with which communication Mr. Shumate of Whitfield offered an affidavit, which he requested read, which was refused, and Mr. Shumate then offered said affidavit by way of a protest, and requested that the same be read ; which request the Chair refused to entertain. Mr. Shumate then appealed from the decision of the Chair ; which appeal the Speaker refused to entertain. Mr. Tweedy of Richmond moved that the message from the Senate be taken up and concurred in, and the resolu¬ tion accompanying the same be taken up and adopted; which motion prevailed, and the message concurred in, the resolution adopted, and is as follows, to wit: Resolved, That the Senate and House of Representatives will proceed, on Tuesday, the 15th instant, at 12 o'clock M., to vote viva voce for one Senator in the United States Con¬ gress, for the term expiring March the 4th, 1871; one for the term expiring March the 4th, 1873; and one for the term expiring March the 4th, 1877, and in accordance with law upon the subject. Mr. Hillyer of Camden offered a resolution granting the use of this Hall to Mrs. Oliver, to deliver a lecture upon female suffrage; which resolution was taken up, read, and adopted. TUESDAY, FEBRUARY 15, 1870. 87 On motion, the House adjourned until 10 o'clock a. m., to-morrow. Tuesday, February 15, 1870. 10 o'clock A. M. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Clark. On motion of Mr. Johnson of Towns the calling of the roll was dispensed with. Journal read and approved. Mr. Bryant of Richmond moved to reconsider so much of the Journal of yesterday as relates to the adoption of the joint resolution bringing on the election of United States Senators to-day, at 12 o'clock m. ; which motion the Chair ruled could not be considered, because said resolu¬ tion had been transmitted to the Senate. Mr. Fitzpatrick of Bibb appealed from the ruling of the Chair; on which appeal the yeas and nays were called, and sustained, and resulted in yeas 76, and nays 36. Those voting in the affirmative were Messrs.— Atkins, Franks, Johnson of Spalding, Allen of Jasper, Floyd, Joiner, Allen of Hart, Felder, Jackson, Armstrong, Golden, Lee, Bell, Gardner, Lane, Betlmne, Guilford, Linder, Belcher, Goodwin, Lindsey, Barnes, Gray, Moore, Beard, Hillyer, Maxwell, Cunningham, Holcombe, Madison, Carson, Harrison of Hancock, McCormick, Claiborne, Hall of Merriwether, Neal, Colby, Harden, Nesbitt of Gordon, Costin, Hutchings, O'Neal of Lowndes, Clower, Hooks, O'Neal of Baldwin, Campbell, Houston, Prudden, Darnell, Haren, Powell, Davis, Hamilton, Porter, Duncan, Johnson of Forsyth, Perkins of Dawson, Ellis, Johnson of Towns, Beid, 88 JOURNAL OF THE HOUSE. Rogers Richardson, Rice, Smith of Charlton, Smith of Muscogee, Thomason, Saulter, Tweedy, Sewell, Strickland, Turner, Warren of Burke, Williams of Harris, Williams of Haralson, Zellars. Those voting in the negative were Messrs. Ford, Fowler, Gober, Fitzpatrick, Cloud, Clark, Erwin, Brown, Bryant, Cobb, Cleghorn, Ballanger, Hall of Bulloch, Hall of Glynn, Harper of Sumter, Humber, Hook, McDougald, McArthur, Matthews, Nash, Osgood, Rainey, Rosser, Rumph, Stone, Sorrells, Sisson, Scott, Tumlin, Tate, Turnipseed, Williams of Morgan, Warren of Quitman, Welch el, Wilcher. Yeas 76. Nays 36. So the appeal was not sustained. Mr. Brewster of Harris and Mr. Bennett of Jackson appeared, produced their credentials, and having taken the oaths prescribed by law, took their seats. The following message was received from his Excellency the Provisional Governor, through Mr. Corson, his Secre¬ tary, to wit: Mr. Speaker : I am directed by his Excellency the Provisional Gov¬ ernor to deliver a communication in writing. Which communication was taken up, read and is as fol¬ lows : Hon. B. L. McWhorter, Speaker: I herewith respectfully transmit the name of T. F- Brewster of Harris county, who as per communication of January 27, was legally elected a Representative from said county, and is prepared to take the oaths required by th& Atlanta, Ga., February 15, 1870. TUESDAY, FEBRUARY 15, 1870. 89 Act of Congress of December 22, 1869; and respectfully recommend that Mr. Brewster be permitted to take the oath and his seat at once. Rufus B. Bullock, Provisional Governor. Mr. Scott of Floyd moved that Mr. Smith of Telfair county be allowed to take the oath. On motion of Mr. O'Neal of Lowndes, the House took a recess until 11^ o'clock a. m. 11^ o'clock a. m. The House re-assembled. Mr. Scott of Floyd renewed his motion that Mr. Smith of Telfair take the oath. The following message was received from his Excellency the Provisional Governor, through Mr. Corson, his Secre¬ tary, to wit: Mr. Speaker: I am directed by his Excellency the Provisional Gov¬ ernor, to deliver a communication in writing. Which communication was taken up, read and is as fol¬ lows : " Atlanta, February 15, 1870. Hon. B. L. McWhorter, Speaker: I herewith respectfully transmit the name of Joday Harris of Glascock county-who, as per communication of January 27, was legally elected a representative from said county, and is prepared to take the oaths required by the acts of Congress of December 22, 1869, and respectfully recommend that Mr. Harris be permitted to take the oath and his seat at once. Rufus B. Bullock, Provisional Governor. Mr. Harris of Glascock appeared, produced his creden¬ tials, and having taken the oaths prescribed by law, took his seat. 90 JOURNAL OF THE HOUSE. Mr. Johnson of Spalding offered the following resolution: Resolved, That the election of Senators proceed in the following order: The election for the long term first, the middle term second, and the short term last; which reso¬ lution was taken up, read and adopted. Mr. Bryant of Richmond gave notice that he would enter a protest against the election of United States Senators. The hour of 12 m. having arrived, the House proceeded with the election of a United States Senator; the members woting viva voce for the term ending March the 5th, 1877; when, upon receiving and adding up the votes, it appeared that the Hon. Foster Blodgett had received 84; scatter¬ ing 1. Those voting for Hon. Foster Blodgett are Messrs.— Atkins, Holcombe, O'Neal of Lowndes, Allen of Jasper,, Harrison of Hancock, O'Neal of Baldwin, Allen of Hart, Hall of Meriwether, Prudden, Bell, Hall of Bulloch, Powell, Bennett, Harden, Porter, Bethune, Hutchings, Page, Brewster, Hooks, Parks, Belcher, Houston, Perkins of Dawson, Barnes, Haren, Perkins of Cherokee, Beard, Hamilton, Keid, Cunningham, Harris of Glascock, Rogers. Carson. Johnson of Forsyth, Richardson, Claiborne, Johnson of Towns, Rice, Colby, Johnson of Spalding, Smith of Charlton, COstin, Joiner, Smith of Muscogee, Clowers, Jackson, Sewell, Campbell, Lee, Strickland, Darnell, Lane, Simms, Davis, Linder, Saulter, Ellis, Lindsey, Tweedy, Fitzpatrick, Madden, Thomason, Franks, Moore, Turner, Floyd, Maxwell, Warren of Burke, Golden, Maull, Williams of Harris, Gardner, Madison, Williams of Haralson, Guilford, McCormick, Welchel, Goodwin, Neal, Zellars, Gober, Nesbit of Gordon, Mr. Speaker. Hillyer, TUESDAY, FEBRUARY 15, 1870. 91 Those voting for Hon. Mr. Harrison are Messrs.— Stone. Blodgett 84. Harrison 1. Scattering 1. The House then proceeded with the election of a United States Senator, the members voting viva voce, for the term ending March 4th, 1873, when upon receiving and adding up the votes, it appeared that the Hon. Henry P. Farrow had received 80 votes. Scattering 2. Those voting in favor of the Hon. Henry P. Farrow, are Messrs.— Atkins, Hillyer, O'Neal of Lowndes, Allen of Jasper, Holcombe, O'Neal of Baldwin, Allen of Hart, Harrison of Hancock, Prudden, Bell, Hall of Meriwether, Powell, Bennett, Harden, Porter, Buchan, Hutchings, Page, Bethune, Hooks, Perkins of Dawson, Belcher, Houston, Beid, Barnes, Haren, Rogers, Beard, Harris of Glascock, Richardson, Cunningham, Johnson of Forsyth, Rice, Carson, Johnson of Towns, Smith of Charlton, Claiborne, Johnson of Spalding, Smith of Muscogee, Colby, Joiner, Sewell, Costin, Jackson, Strickland, Clowers, Lee, Simms, Campbell, Lane, Stone, Darnell, Linder, Raulter, Davis, Lindsey, Tweedy, Ellis, Madden, Thomason, Fitzpatrick, Moore, Turner, Franks, Maxwell, Warren of Burke, Floyd, Maull, Williams of Harris, 'Golden, Madison, Williams of Haralson, Gardner, McCormick, Zellars, Guilford, Neal, Mr. Speaker. Goodwin, Nesbit of Gordon, Farrow, 80. Scattering, 2. 92 JOURNAL OF THE HOUSE. The House then proceeded with the election of a United States Senator, the members voting viva voce, for the term ending March 4, 1871, when upon receiving and adding up the votes it appeared that the Hon. Richard H. Whiteley had received 82; scattering 1. Those voting in favor of Hon. Richard H. Whiteley are Messrs.— Atkins, Hillyer, O'Neal of Lowndes, Allen of Jasper, Holcombe, O'Neal of Baldwin, Allen of Hart, Harrison of Hancock, Prudden, Armstrong, Hall of Meriwether, Powell, Bell, Harden, Porter, Bennett, Hutchings, Page, Bethune, Hooks, Perkins of Dawson, Belcher, Houston, Perkins of Cherokee, Barnes, Haren, Reid, Beard, Hamilton, Rogers, Cunningham, Harris of Glascock, Richardson, Carpenter, Johnson of Forsyth, Rice, Carson, Johnson of Towns, Smith of Charlton, Claiborne, Johnson of Spalding, Smith of Muscogee, Colby, Joiner, Sewell, Costin, Jackson, Strickland, Clowers, Lee, Simms, Campbell, Lane, Stone, Darnell, Linder, Saulter, Davis, Lindsey, Tweedy, Ellis, Madden, Thomason, Fitzpatrick, Moore, Turner, Franks, Maxwell, Warren of Burke, Floyd, Maull, Williams of Harris, Golden, Madison, Williams of Haralson, Gardner, McCormick, Zellars, Guilford, Neal, Mr. Speaker. Goodwin, Nesbit of Gordon, Those voting for Mr. H. G. Cole are Messrs.— Gober. Whiteley 82. Scattering 1. On motion of Mr. Tweedy of Richmond the House (after granting leave of absence, for four days, to Mr. Walthall WEDNESDAY, FEBRUARY 16, 1870. 93 of Polk, on important business; Mr. Holden of Taliaferro for a few days, on account of death in his family ; and to Messrs. Paulk of Berrien, Price of Lumpkin, Rawls of Effingham, Harrison of Franklin, Higdon of Decatur, for a few days, on account of sickness in their families,) adjourned until 11.30 o'clock a. m., to-morrow. Wednesday, February 16, 1870, 11.30 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Smith. On motion, the calling of the roll was dispensed with. Journal read and approved. Mr. Bryant of Richmond offered a protest, of which he gave notice yesterday, against the election of United States Senators—which protest was spread upon the Journals, and is as follows, to wit: Mr. Speaker: The undersigned members of this House respectfully protest against the action of the General Assembly in elect¬ ing United States Senators at this time. The election of a Senator for the term ending March 4, 1870, is clearly illegal, for the term does not commence until March 4, 1871, and section 1363 of the Code of Geor¬ gia provides that, "The election of Senators in the United States Congress from this State shall be held by the Gen¬ eral Assembly during the sitting or session which imhae- diately precedes the beginning of the term which they are to fill." The next regular session of the General Assem¬ bly, which meets in January, 1871, is the "sitting or ses¬ sion which immediately precedes the beginning of the term" which commences on the 4th March, 1871. At the first regular session of the General Assembly under the present Constitution, Hon. Joshua Hill was duly elected a Senator for the term ending March 4th, 1873, and Hon. H. Y. M. Miller for the term ending March 4,1871. 94 JOURNAL OF THE HOUSE. They received from his Excellency Rufus B. Bu oek credentials signed by him as Governor of Georgia, m the usual form, certifying that they were duly elected. Owing to causes which do not effect the election of said Senators, their credentials have not been finally acted upon by the United States Senate, but there is reason to believe that they will be very soon acted upon, and that Messrs. Hill and Miller will be seated in that body. We further protest against the election of United States Senators upon the ground that the Gener 1 Assembly has not been legally organized in accordance with the late Act of Congress. (Signed.) J. E. Brya.nt, Representative from Richmond county. A. J. WTlliams, Representative from Morgan county. C. K. Osgood, Representative from Chatham county. Mr. Scott of Floyd offered a protest against the election of United States Senators and the illegal organization of this House. Mr. Darnell of Pickens moved that said protest be laid upon the table; which motion prevailed. Mr. Darnell of Pickens moved that the Clerk inform the Senate that the House is now ready to receive them to consolidate the vote cast upon yesterday for United States Senators; which motion prevailed. Mr. Scott moved to take up a resolution requesting the Governor to order an election for members in those coun¬ ties now unrepresented in this branch of the General As¬ sembly. The hour of 12 having arrived, the Senate attended in the hall of the House of Representatives, when the Gene¬ ral Assembly proceeded to consolidate the vote of the two Houses cast on yesterday for a United States Senator for the term commencing March 4,1871, and ending March 4, 1877; and, on consolidating the same, it appeared that the Hon. Foster Blodgett had received 115; scattering 1. WEDNESDAY, FEBRUARY 16, 1870. Those voting for Hon. Foster Blodgett are Messrs.— SENATORS. Bowers, Griffin 6th, Sherman, Bradley, Harris, Smith 7th, Brock, Henderson, Smith, 36th Bruton, Higbee, Speer, Campbell, Hungerford, Stringer, Colman, Jones, Traywick, Corbitt, Merrill, Wallace, Crayton, McArthur, Wellborn, Dickey, McWhorter, Welch, Dunniiig, Richardson, Mr. President. Fain, Mr. Blodgett 31. Those voting for Hon. Foster Blodgett are Messrs.— REPRESENTATIVES. Atkins, Holcombe, O'Neal of Lowndes, Allen of Jasper, Harrison of Hancock, O'Neal of Baldwin, Allen of Hart, Hall of Meriwether, Prudden, Bell, Hall of Bulloch, Powell, Bennett, Harden, Porter, Bethune, Hutchings, Page, Belcher, Hooks, Parks, Barnes, Houston, Perkins of Dawson, Beard, Haren, Perkins of Cherokee, Cunningham, Hamilton, Reid, Carson, Harris of Glascock, Rogers, Claiborne, Johnson of Forsyth, Richardson, Colby, Johnson of Towns, Rice, Costin, Johnson of Spalding, Smith of Charlton, Glowers, Joiner, Smith of Muscogee, Campbell, Jackson, Sewell, Darnell, Lee, Strickland, Davis, Lane, Simms, Ellis, Linder, Saulter, Fitzpatrick, Lindsey, Tweedy, Franks, Madden, Thomason, Floyd, Moore, Turner, Golden, Maxwell, Warren of Burke, Gardner, Maull, Williams of Harris, Guilford, Madison, Williams of Haralson, Goodwin, McCormick, Welchel, Gober, Neal, Zellars, Hillyer, Nesbit of Gordon, Mr. Speaker. 96 JOURNAL OF THE HOUSE. Mr. Blodgett 84. Scattering 1. The Hon. Foster Blodgett having received a majority of the whole number of votes cast, he was declared duly elected United States Senator for the term commencing March 4, 1871, and ending March 4, 1877. The General Assembly then proceeded to consolidate the vote of the two Houses cast on yesterday for a United States Senator for the term ending March 4, 1873, and on consolidating the same it appeared that the Hon. Henry P. Farrow had received 109; scattering 2. Those voting for the Hon. H. P. Farrow are Messrs.— SENATORS. Bowers, Griffin 6th, Sherman, Bradley, Harris, Smith 7th, Brock, Henderson, Smith 36th, Bruton, Higbee, Speer, Campbell, Hungerford, Stringer, Colman, Jones, Traywick, Corbitt, Mathews, "Wallace, Crayton, Merrill, Welch, Dickey, McWhorter, Mr. President Dunning, Richardson, Mr. Farrow 29. REPRESENTATIVES. Atkins, Campbell, Hutchings, Allen of Jasper, Darnell, Hooks, Allen of Hart, Davis, Houston, Bell, Ellis, Haren, Bennett, Fitzpatrick, Harris of Glascock, Buehan, Franks, Johnson of Forsyth, Bethune, Floyd, Johnson of Towns, Belcher, Golden, Johnson of Spalding, Barnes, Gardner, Joiner, Beard, Guilford, Jackson, Cunningham, Goodwin, Lee, Carson, Hillyer, Lane, Claiborne, Holcombe, Linder, Colby, Harrison of Hancock, Lindsey, Costin, Hall of Meriwether, Madden, Clowers, Harden, Moore, WEDNESDAY, FEBRUARY 16, 1870. 97 Maxwell, Maull, Madison, McConnick, Neal, Nesbit of Gordon, O'Neal of Lowndes, O'Neal of Baldwin, Prudden, Powell, Porter, Page, Perkins of Dawson, Kcicl, Rogers, Richardson, Rice, Smith of Charlton, Smith of Muscogee, Sewell, Strickland, Simms, Stone, Saulter, Tweedy, Thomason, Turner, Warren of Burke, Williams of Harris, Williams of Haralson, Zellars, Mr. Speaker. Mr. E arrow 80. Scattering 2. The Hon. Henry P. Earrow having received a majority of the whole number of votes cast, he was declared duly elected United States Senator, for the term ending March The General. Assembly then proceeded to consolidate the vote of the two Houses cast on yesterday, for a United States Senator, for the term ending March 4, 1871, and on consoldidating the same, it appeared that the Hon. Rich¬ ard H. Whiteley had received 110; scattering 1. Those voting for Mr. Whiteley are Messrs.— 4,1873. SENATORS. Colman, Corbitt, Crayton, Dickey, Dunning, Bowers, Bradley, Brock, Bruton, Campbell, McWhorter, Richardson, Jones, Merrill, Griffin, Harris, Henderson, Higbee, Hungerford, Sherman, Smith 7th, Smith 36th, Speer, Stringer, Traywick, Wallace, Welch, Mr. President. Mr. Whiteley 28. Atkins, Allen of Jasper, Allen of Hart, REPRESENTATIVES. Holcombe, O'Neal of Lowndes, Harrison of Hancock, O'Neal of Baldwin, Hall of Meriwether, Prudden, 7 98 JOURNAL OF THE HOUSE. Armstrong, Bell, Bennett, Bethune, Belcher, Barnes, Beard, Cunningham, Carson, Claiborne, Colby, Costin, Clowers, Campbell, Darnell, Davis, Ellis, Fitzpatrick, Franks, Floyd, Golden, Gardner, Guilford, Goodwin, Hillyer, Mr. Whiteley 82. Scattering 1. The Hon. Richard H. Whiteley having received a ma¬ jority of the whole number of votes cast, he was declared duly elected United States Senator for the term ending March the 4th, 1871. On motion of Senator Speer the Senate repaired to their chamber. Mr. Scott of Floyd moved to take up his resolution re¬ questing the Governor to order an election in those coun¬ ties wherein vacancies now exist. Mr. O'Neal of Lowndes moved that said motion be laid upon the table. Mr. Scott of Floyd called for the yeas and nays upon said motion; which call being sustained resulted in yeas 68, and nays 48. Harden, Hutchings, Hooks, Houston, Haren, Hamilton, Harris of Glascock, Johnson of Forsyth, Johnson of Towns, Johnson of Spalding, Joiner, Jackson, Lee, Lane, Linder, Lindsey, Madden, Moore, Maxwell, Maull, Madison, McCormick, Neal, Nesbit of Gordon, Powell, Porter, Page, Perkins of Dawson, Perkins of Cherokee, Eeid, Eogers, Bichardson, Bice, Smith of Charlton, Smith of Muscogee, Sewell, Strickland, Simms, Stone, Saulter, Tweedy, Thomason, Turner, Warren of Burke, Williams of Han-is, Williams of Haralson, Zellars, Mr. Speaker. WEDNESDAY, FEBRUARY 16, 1870. 99 Those voting in the affirmative are Messrs.— Atkins, Goodwin, O'Neal of Baldwin, Allen of Jasper, Hillyer, Powell, Allen of Hart, Holcombe, Porter, Bell, Harrison of Hancock, Page, Belcher, Harden, Perkins of Dawson, Barnes, Hutchings, Rogers, Beard, Houston, Richardson, Cunningham, Haren, Rice, Carson, Johnson of Forsyth, Smith af Charlton, Claiborne, Johnson of Towns, Smith of Muscogee, Colby, Johnson of Spalding, Strickland, Costin, Joiner, Simms, Clowers, Jackson, Stone, Campbell, Lee, Saulter, Darnell, Lane, Tweedj', Davis, Linder, Thomason, Ellis, Lindsey, Turner, Fitzpatrick, Madden, Watkins, Franks, Moore, Warren of Burke, Floyd, Maull, Williams of Harris, Golden, McCormick, Williams of Haralson, Gardner, Nesbit of Gordon, Zellars. Guilford, ■ O'Neal of Lowndes, Those voting in the negative are Messrs.— Bennett, Gullatt, , Rainey, Bethune, Hall of Meriwether, Rosser, Brewster, Hall of Bullock, Rumph, Ballanger, Hall of Glynn, Sorrells, Brown, Harkness, Sisson, Bryant, Hamilton, Shackleford, Cobb, Harper of Sumter, Scott, Cleghorn, Humber, Scroggins, Cloud, Hook, Tate, Clark, McArthur, Turnipseed, Duncan, Matthews, Vinson, Erwin, Nash, Williams of Morgan, Ford, Osgood, Warren of Quitman, Fowler, Parks, Welchel, Felder, Pepper, Wilcher. Gray, Reddish, Yeas 68. Nays 48. So the motion prevailed. 100 JOURNAL OP THE HOUSE. The following message was received from his Exce ency the Provisional Governor through Mr. Corson, hL Secre¬ tary, to wit: Mr. Speaker: I am directed by his Excellency the Provisional Gov¬ ernor to deliver a communication in writing. Which communication was taken up, read, and is as fol¬ lows, to wit: Atlanta, Ga., February 16th, 1870. To the Senate and House of Representatives of the Provisional Legislature : Some misapprehension having arisen as to the effect of the act of Congress of December 22, 1869, upon the ordi¬ nary legislative acts of the Legislature of 1868 and 1869, I deem it proper to say that, in my judgment, the act of Congress referred to does not render invalid any of the ordinary laws passedby those bodies. The Peeonstruction Acts of March 3, 1867, and July 19, 1867, in express terms declared that no "legal State government" existed in the States therein named. Yet the ordinances of the Convention of 1865, and the acts of the Legislatures of 1865 and 1866 have been uniformly, by the military authorities and by our own courts, held legal and binding. The " scaling ordinance " of the Con¬ vention of 1865, the " evidence law" of 1866, both acts of immense importance, were, during the whole adminis¬ tration of General Pope and General Meade, enforced by the courts as valid and binding laws. Yet these acts were passed by bodies which Congress declared to be legisla¬ tures of no " legal State governments." General Pope and General Meade were put in com¬ mand in this State to enforce "the laws." The courts of Georgia, sitting under the administration of the military authorities of the United States, never for a moment seem to have thought that the acts of the Legislatures of 1865 and 1866 were not laws, and yet Congress had in express WEDNESDAY, FEBRUARY 16, 1870. 101 terms declared that "no legal State government existed in the State." It would seem from this action that the declaration of Congress " that no legal State governments exists in the the late rebel States," must be understood in a qualified sense, to-wit: No legal State competent to take part in the government of the Union and proper to be recognized as State Governments under the Constitution of the United States. It was not the intent of Congress, by any of its recon¬ struction legislation, to render invalid any of the laws passed by the Legislatures it subsequently declared illegal, except so far as those laws were obnoxious to the Consti¬ tution and laws of the United States. It is true it has not been the policy to permit legislative assemblies, as such, to convene and legislate, except for specific purposes, during the military regime, but the whole purpose of the Government has been to recognize as valid laws actually passed and not repudiated by the United States. The simple fact that from March, 1867, to July, 1868, the Courts of this State during the administration of Gen¬ erals Pope and Meade, and before the Convention of 1868 had ratified those laws, administered, without question, the ordinances of the Convention of 1865, and the acts of the Legislatures of 1865 and 1866, is a judicial determination of the highest tribunals known to our law, that the ordi¬ nary laws of said bodies were valid and binding as the acts of a Legislature de facto, however illegal the bodies might themselves have been as " State Legislatures" in view of the reconstruction acts. During the existence of the military supervision, meet¬ ing of legislative bodies, except for specific purposes, have been deemed incompatible with the actual state of affairs; but in all the States laws passed by bodies, meeting as such, when the military power was in fact withdrawn, have been uniformly recognized and acted upon as valid and binding. It is, therefore, I think, apparent from the uniform action of the courts, and of the United States authorities, that 102 JOURNAL OF THE HOUSE. the laws of the Legislature of 1868 and 1869, and its acts which were not of a political character, are perfectly valid, notwithstanding the United States, by the act of Decem¬ ber 22, 1869, has, in effect, declared that " no legal State Government existed in this State" at that time, and that the impression which is sought to be created that contracts are invalidated, that State bonds are repudiated, and that corporations organized upon the basis of the late legisla¬ tion, are without legal foundation, is entirely groundless; and such impression is only created for the purpose of misleading the public mind, and defeating the full effect and true intent and purpose of the reconstruction acts. Argument upon this point seems to be superfluous in the face of the material fact that our bonds are saleable at a higher rate than those of any other Southern State; and that the bonds of railroads which have been endorsed under the authority of legislation of 1868 are selling at their full value. It has been suggested to me from various quarters, that it would be wise for your body to take some action for the temporary relief of the people from the present pressure for the payment of the war debts, contracted before 1865, now made doubly burdensome by the late decision of the Supreme Court of the United States, that those contracted before 1862 are payable in gold. As, however, in my judgment, until your action to com¬ plete the reconstruction of the State is accepted by Con¬ gress, it is not proper for you to undertake general legisla¬ tion ; I would respectfully suggest that you adopt some resolution expressive of the wishes of the General Assem¬ bly on this subject with the hope that the General Command¬ ing may by his order cause the same to be enforced. When the last step in the reconstruction work shall have been taken by the declaration of the result of the Sena¬ torial election, I would respectfully recommend that a recess be taken for such a time as may to you seem best pending the action of Congress for our admission. Rufus B. Bullock, Provisional Governor. WEDNESDAY, FEBRUARY 16, 1870. 108 Messrs. Darnell, J. E. J. Franks, Edwin Belcher and B. F. Powell, were allowed the privilege of recording their votes in favor of the joint resolutions, adopting the four¬ teenth and fifteenth amendments to the Constitution of the United States, also the fundamental conditions imposed by Congress—also to Mr. G. S. Rosser to record his vote against said amendments and conditions: circumstances having prevented them from voting upon said resolutions at the time of their adoption. Mr. Bethune of Talbot moved to take up the following resolution: jResolved by the Senate and House of Representatives, That we recommend that the military commander of this district do issue an order restraining and enjoining marshals and constables, and all other officers, from levying or otherwise enforcing the collection of all debts or liabilities contracted prior to the first of June, 1865, until the General Assem¬ ble of the State shall otherwise direct. Mr. O'Neal of Lowndes offered the following as a sub¬ stitute : Resolved, 1st, That all proceedings in the several courts of this State, founded on any debt or contract made or entered into before the first of June, 1865, and all levies and sales by virtue of any execution so founded, shall be, and are hereby, stayed until twenty days after the recess taken by this General Assembly shall have expired. Resolved, 2d, That the General Assembly, in compliance with the just demands of the people, earnestly appeal to Major-General A. H. Terry to sanction and enforce the above resolution after its approval by the Provisional Gov¬ ernor. Mr. Harper of Terrell moved to lay the resolution on the table; which motion did not prevail. The following message was received from the Senate through Mr. Mills, their Secretary: 104 JOURNAL OF THE HOUSE. Mr. Speaker: The Senate has adopted the following resolution, in which they ask the concurrence of the House : Resolved by the General Assembly, the House of Representa¬ tives concurring herein, That the Governor be requested to draw his warrant on the treasury in favor of the officers,, clerks, door-keeper, messenger and employees of the re¬ spective Houses for such sum of money as may be due to- each, upon the certificate of the Secretary of the Senate and Clerk of the House of Representatives, and that such amount be charged in final settlement; and I am directed to transmit the same forthwith to the House of Represen¬ tatives. The House proceeded with the consideration of Mr. O'Neal's substitute for Mr. Bethune's resolution. Pending the consideration of which, Mr. Lane of Brooks having the floor, the House, after granting leave of absence to Messrs. Lastinger and McDougald for a few days, on account of sickness in their families, adjourned until 10 o'clock a. m. to-morrow. Thursday, February 17, 1870, 10 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Dr. Fuller. On motion, the calling of the roll was dispensed with. Journal read and approved. Mr. Scott of Floyd moved to reconsider so much of tho Journal of Yesterday, as relates to his Protest against the election of United States' Senators, and the illegal organi¬ zation of this House, which motion was laid upon tho table. Mr. Scott of Floyd moved to reconsider so much of the Journal of yesterday as relates to his motion to take up hi& THURSDAY, FEBRUARY 17, 1870. 105 resolution, requesting the Governor to order an election for members of this branch of the General Assembly, in those counties wherein vacancies now exist—which motion the chair ruled was out of order. The House resumed the unfinished business of yester¬ day, the same being the consideration of Mr. O'Neal's resolution offered as a substitute for Mr. Bethune's resolu¬ tion, recommending that the military commander of this district do issue an order restraining and enjoining marshals and constables, and all other officers, from levy¬ ing or otherwise enforcing the collection of all debts and liabilities, contracted prior to the first of June, 1865, until the General Assembly of this State shall otherwise direct. The previous question called and sustained—the main question put, and the resolution put upon its passage— upon the adoption of which the yeas and nays were called and sustained, resulting in yeas 71, and nays 48. Those voting in the affirmative were Messrs.— Atkins, Hillyer, Nesbitt of Gordon, Allen of Jasper, Holcombe, O'Neal of Lowndes, Allen of Hart, Harrison of Hancock, O'Neal of Baldwin, Bell, Hall of Merriwether, Prudden, Bethune, Harden, Powell, Belcher, Hughes, Porter, Barnes, Hutchings, Page, Beard, Hooks, Parks, Cunningham, Houston, Beid, Carson, Haren, Rogers, Claiborne, Hamilton, Richardson, Colby, Johnson of Towns, Smith of Charlton, Costin, Johnson of Spalding, Smith of Muscogee, Clower, Johnson of Forsyth, Strickland, Campbell, Joiner, Stone, Darnell, Jackson, Saulter, Ellis, Lee, Seale, Fitzpatrick, Lane, Tweedy, Floyd, Linder, Turner, Ford, Lindsey, Watkins, Golden, Madden, Warren of Burke, Gardner, Moore, Welch el, Guilford, Maxwell, Zellars, Goodwin, Maull, Mr. Speaker. 106 JOURNAL OF THE HOUSE. Those voting in the negative are Messrs.— Armstrong, Anderson, Ballanger, Brown, Cobb, Cleghorn, Clond, Clark, Erwin, Franks, Fowler, Felder, Gray, Gullatt, Hall of Bullock, Higdon, Harkness, Harper of Sumter, Harper of Terrell, Humber, Harris of Glascock, Hook, Harris of Murray, Madison, Matthews, McCormick, Neal, Nash, Bainey, Bosser, Bumph, Sorrells, Sis son, Shumate, Shackleford, Scott, Thomason, Turner, Tate, Perkins of Dawson, Perkins of Cherokee, Beddish, Osgood, Turnipseed, Vinson, Williams of Morgan, Warren of Quitman, Wilcher. Mr. McArthur pared off with Mr. Tumlin. Yeas 71. Nays 48. So the resolution was adopted and is as follows: Resolved, 1. That all proceedings in the several courts of this State founded on any debt or contract, made or en¬ tered into before the first of June, 1865, and all levies and sales, by virtue of any execution so founded, shall be, and are hereby, stayed until twenty days after the recess taken by this General Assembly shall have expired. Resolved, 2. That the General Assembly, in compliance with the just demands of the people, earnestly appeal to Major-General A. H. Terry to sanction and enforce the above resolution, after its approval by the Provisional Governor. The House took up the message received from the Sen¬ ate yesterday, and the resolution accompanying the same; which resolution is as follows: Resolved by the General Assembly, the House of Represen¬ tatives concurring herein, That the Governor be requested to draw his warrant on the Treasury in favor of the offi¬ cers, clerks, door-keeper, messenger, and employees of the THURSDAY, FEBRUARY 17, 1870. 107 respective Houses, for such sum of money as may be due to each, upon the certificate of the Secretary of the Sen¬ ate and Clerk of the House of Representatives, and that such amount be charged in final settlement. Mr. Scott of Floyd moved to lay said resolution upon the table; which motion was lost. The following message was received from the Senate, through Mr. Mills, their Secretary: ilfr. Speaker: The Senate has adopted the following resolution, in which they ask the concurrence of the House: Resolved by the General Assembly, That all proceedings in the several courts of this State, founded on any debt or contract made or entered into before the first of June, 1865, and all levies and sales by virtue of any execution so founded, shall be, and are hereby, stayed until twenty days after the recess taken by this General Assembly shall have expired. Resolved, That the General Assembly, in compliance with the just demands of the people, earnestly appeal to Major-General A. H. Terry to sanction and enforce the above resolution after its approval by the Provisional Gov¬ ernor. Which message, on motion of Mr. Lee of Newton, was taken up and concurred in, and the resolution accompany¬ ing the same adopted. The House resumed the consideration of the Senate resolution. Mr. Hamilton of Scriven moved to amend by striking out the word "employees." Mr. Shumate of Whitfield moved to amend the amend¬ ment, by inserting after the words officers and clerks, the words "authorized by the Code of Georgia, and called for the previous question upon said amendments. Mr. Porter of Chatham moved to lay said amendments upon the table. 108 JOUBNAL OF THE HOUSE. Upon which motion, Mr. Scott of Floyd called for the yeas and nays—which call was sustained, and resulted in yeas 56, and nays 62. Those voting in the affirmative are Messrs.— Atkins, Golden, Madden, Allen of Jasper, Guilford, Moore, Allen of Hart, Goodwin, Nesbit of Gordon. Betliune, Harrison of Hancock, O'Neal of Lowndes, Belcher, Hall of Meriwether, O'Neal of Baldwin, Barnes, Harden, Powell, Beard, Hughes, Porter, Cunningham, Hutchings, Perkins of Dawson, Claiborne, Hooks, Reid, Colby, Houston, Richardson, Costin, Haren, Smith of Charlton, Clowers, Johnson of Towns, Smith of Muscogee, Campbell, Johnson of Spalding, Stone, Darnell, Johnson of Forsyth. Tweedy, Davis, Joiner, Thomason, Ellis, Jackson, Turner, Fitzpatrick, lander, Warren of Burke, Floyd, Lindsev, "Williams of Harris. Those voting in the negative are Messrs.— Armstrong, Higdon, Bumph, Anderson, Harkness, Smith of Ware, Bell, Hamilton. Strickland, Bennett, Harper of Sumter. Saulter, Ballanger, Harper of Terrell, Sorrells, Brown, Humber, Sisson, Carson, Hook, Shumate, Cobb, Harris of Murray. Seale, Clegliorn, Madison, Shackleford, Cloud, Me Arthur. Scott, Clark, Matthews, Tumlin, Erwin, , McCormiek, Tate. Franks, Neal, Turuipseed, Ford, Pruddeu, Vinson, Fowler, Perkins of Cherokee. Watkins, Feldcr, Rogers, Williams of Haralson, Gray, Bice, Williams of Morgan, Gullatt, Beddish, Warren of Quitman, Gober, Eniney, Welchgl. Hillyer, Bosser, Wileher, Hall* of Bulloch, Yeas 56. Nays 62. So the motion was lost. THURSDAY, FEBRUARY 17, 1870. 109 The House then took up Mr. Shumate's motion, which prevailed, and the amendments agreed to, and the resolu¬ tion as amended was adopted, and ordered to be transmit¬ ted forthwith to the Senate. Mr. Scott of Floyd offered a resolution that the members receive no per diem during the late recess, and moved to suspend the rules to take up said resolution; which motion was lost. Mr. Hillyer of Camden offered a resolution authorizing the Governor to draw his warrant on the Treasurer for $50.00, in favor of Rev. C. W. Francis, for services ren¬ dered in the organization of this House; which resolution was taken up, read and adopted. Mr. Franks of Bibb offered a resolution authorizing the Messenger of the House to employ three pages, and that their pay shall not exceed one dollar per day each; and moved to suspend the rules to take up said resolution; which motion prevailed. Mr. Williams of Morgan offered a substitute, but with¬ drew the same. Mr. Turner of Bibb moved to amend by striking out one dollar and inserting two dollars per diem. Mr. Harrison of Hancock called for the previous ques¬ tion; which call was sustained. Mr. Lane of Brooks moved to amend by giving the Speaker power to appoint the pages; which motion pre¬ vailed, and the resolution as amended was adopted. The Chair announced as the Auditing Committee, Messrs. Tumlin of Randolph, chairman; Neal, Ford, Johnson of Towns, Rainey, Zellars, Hamilton, Porter, Johnson of Spalding, Costin, Watkins, Maxwell and Belcher. Leave of absence was granted Messrs. Phillips of Ech¬ ols, and Evans of Thomas, for a few days on account of sickness. The following message was received from the Senate, through Mr. Mills, their Secretary Mr. Speaker : The Senate has adopted the following resolution in which they ask the concurrence of the House: 110 JOURNAL OF THE HOUSE. Resolved, That the General Assembly take a recess for sixty days, to meet again on the eighteenth day of April next, subject to be re-assembled at an earlier day by proc¬ lamation of his Excellency the Provisional Governor, and that during such recess the members, officers and consti¬ tutional clerks be entitled to no pay except mileage. And I am directed to transmit the same forthwith to the House of Representatives. Which, on motion of Mr. Lee of Newton, was concurred in, and the resolution accompanying the same adopted. On motion of Mr. Harper of Terrell the House adjourned until 3 o'clock p. m. 3 o'clock, p. m. The House re-assembled. Mr. Porter of Chatham offered a resolution that 2,000 copies of the Governor's Message be printed, and moved to suspend the rules to take up said resolution; which motion was lost. Mr. Tumlin of Randolph offered a resolution: That party strife cease, and all unite in promoting the welfare and prosperity of the State, by just and wise legis¬ lation. The following message was received from the Senate, through Mr. Mills, the Secretary: . Mr. Speaker: The Senate refuses to concur in the amendment of the House of Representatives, authorizing the Governor to draw his warrant on the Treasury in favor of officers and and employees of the Senate and House of Representa¬ tives, and ask the House to recede from their amendment. And I am directed to transmit the same forthwith to the House of Representatives. Mr. Costin of Talbot moved to recede from the House amendments to the Senate Resolution; upon which mo¬ tion the yeas and nays were called and sustained, resulting in yeas 61 and nays 57. THURSDAY, FEBRUARY 17, 1870. Ill Those voting in Atkins, Allen of Jasper, Bethune, Belcher, Barnes, Beard, Cunningham, Carson, Claiborne, Colby, Costin, Clowers, Campbell, Darnell, Davis, Ellis, Floyd, Golden, Gardner, Guilford, Goodwin, Those voting in Armstrong, Anderson, Ballanger, Brown, ' Cobb, Cleghorn, Cloud, Clark, Erwin, Fitzpatrick, Franks, Ford, Fowler, Felder, Gray, Gullatt, Hillyer, Hall of Bulloch, Higdon, the affirmative are Harrison of Hancock, Hall of Meriwether, Harden, Hughes, Hutchings, Hooks, Houston, Haren, Harris of Glascock, Johnson of Towns, Johnson of Spalding, Johnson of Forsyth, Joiner, Jackson, Lane, Linder, Lindsey, Madden, Moore, Neal, Messrs.— Nesbit of Gordon, O'Neal of Lowndes, O'Neal of Baldwin, Powell, Porter, Perkins of Dawson, Bogers, liichardson, Smith of Charlton, Smith of Muscogee, Sewell, Simms, Stone, Tweedy, Thomason, Turner, Warren of Burke, Williams of Harris. Williams of Haralson, Zellars. the negative are Messrs.— Harkness, Eosser, Hamilton, Eumph, Harper of Sumter, Smith of Ware, Harper of Terrell, Strickland, Humber, Saulter, Hook, Sorrells, Harris of Murray, Sisson, Madison, Shumate, McArihur, Shackleford, Matthews, Scott, Nash, Tumlin, Nisbet of Dade, Tate, Osgood, Turnipseed, Prudden, Vinson, Perkins of Cherokee, Williams of Morgan, Eice, Warren of Quitman. Eeddish, Welchel, Iiainey, Wilcher. Yeas 61. Nays 57. So the motion prevailed. 112 JOUKNAL OF THE HOUSE. Mr. Johnson of Towns offered a resolution tendering the Hon. Foster Blodgett a seat on this floor, which resolu¬ tion was taken up and adopted. Mr. Williams of Morgan offered a resolution that John Burnett, C. H. Garwood, Charles Persall and T. A. John¬ son, be each paid $2 00 per day, for services rendered the House, which resolution was taken up, read and adopted. Mr. Houston of Bryan offered a resolution, that the Atlanta Constitution Pteporter be reprimanded by the Speaker, and be excluded from a seat on this floor, unless he cease his misrepresentations. Mr. Scott of Floyd moved that the Clerk inform the Senate, that the House is now ready, in accordance with the joint resolution concurred in this morning, to take a recess, until the 18th of April next, which motion pre¬ vailed. Mr. Joiner of Dougherty offered a resolution, requesting Major General Terry to take cognizance of all cases, upon application of parties, where impartial justice is not done. Mr. Franks of Bibb offered a resolution furnishing the new members with necessary books—which resolution was taken up, read and adopted. Also, a resolution, that no person shall be allowed a seat on this floor, other than the members of this House. Mr. Hall of Meriwether offered a resolution appointing a committee to investigate the management of the Wes¬ tern and Atlantic Bailroad, with power to send for persons and papers. Mr. Hillyer of Camden offered the following preamble and resolution: Whereas, It hath pleased Almighty God, in his wise providence, to take out of this world the soul of our deceased Brother Bobert Lumpkin, of the county of Macon; And Whereas, It becomes us as members of this branch of the General Assembly, of which the deceased was a fellow-member, to bow submissivly to the will of that Providence, which has deprived us of his co-operation and MONDAY, APRIL 18, 1870. 113 assistance; his constituents a faithful representative in this Hall; and which has removed from his family a kind and affectionate husband and father; Be it therefore resolved by the House of Representatives, That we deplore the death of the Hon. Robert Lumpkin, Representative from Macon county, and cheerfully record our appreciation of his modest worth, his integrity as a man, a citizen and a Representative. Resolved, That we tender to the stricken widow, and the bereaved children of the deceased, our sincerest sympathy. Resolved, That the Clerk of this House transmit to the family of the deceased a copy of the foregoing resolutions. Which resolutions and preamble, on motion, were taken up, read and unanimously adopted. On motion of Mr. Tumlin of Randolph, the House took a recess until the 18th of April next. Monday, April 18, 1870, 12 o'clock m. The House met pursuant to adjournment. The roll called, and a quorum found present. Prayer by the Rev. Mr. Harrison. Mr. Darnell of Pickens moved that the House take a recess until 12 o'clock, m., Wednesday next, which motion prevailed. Wednesday, April 20,1870, 12 o'clock m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Fuller. 8 ' 114 JOUBNAL OF THE HOUSE. On motion of Mr. Darnell of Pickens, the calling of the ^roll was dispensed with. Journal of Monday read and approved. Mr. Bethune of Talbot moved that the House take a recess until 12 o'clock, M., Monday next. Mr. O'Neal of Lowndes offered a substitute, that when this General Assembly adjourns, it be until the first Mon¬ day in July next, subject however to be assembled by the .Provisional Governor and General Commanding, or either -of them, at an earlier day, and no member or officer shall draw any per diem or mileage from now until then. Mr. Scott of Floyd offered as a substitute for the whole, that when the Senate and House of Bepresentatives adjourn, they adjourn sine die. Which substitute Mr. Scott withdrew, but renewed the same, and upon the discussion of which, Mr. Darnell of Pickens raised the point of order, that a motion to adjourn is not debatable. The Speaker ruled that a simple motion to adjourn was not debatable, but that a motion to adjourn in which time was mentioned is debatable. Upon the adoption of Mr. Scott's substitute the yeas and nays were called and sustained, resulting in yeas 48, and nays 68. Those voting in the affirmative are Messrs.— Bennett, Hook, Perkins of Cherokee, Brewster, Humber, Rainey, Brown, Harper of Sumter, Rosser, Ballanger, Harper of Terrell, Humph, Clark, Kytlo, Sisson, Cloud, Lee, Shumate, Cleghorn, Lane, Seale, Evans, Matthews, Skacklefora, Felder, Maxwell, Scott, Fowler, McArthur, Sorrells, Fryer, MeDougald, Tate, Gray, Neal, Vinson, Gullatt, Nash, Walthall, Higdon, Paulk, Warren of Quitman, Hold' n, Phillips, Williams of Morgan, Harkness, Pepper, Zellars. WEDNESDAY, APRIL 20, 1870. 115 Those voting in the negative are Messrs.— Atkins, Golden, McCormick, Armstrong, Gardner, Nesbit of Gordon, Allen of Jasper, Guilfoiu, O'Neal of Lowndes, Allen of Hart, Hillyer, O'Neal of Baldwin, Bell, Holcombe, Price, Bethune, Houston, Porter, Belcher, Harden, Prudden, Barnes, Haren, Perkins of Dawson, Bryant, Hughes, Reid, Buchan, Hutchings, Rice, Carson, Harris of Glascock, Rogers, Campbell, Harrison of Franklin, Richardson, Caldwell, Harrison of Hancock, Sewell, Clowers, Joiner, Strickland, Claiborne, Jackson, Stone, Costin, Johnson of Towns, Saulter, Colby, Johnson of Spalding, Smith of Muscogee, Cunningham, Johnson of Forsyth, Tweedy, Darnell, Linder, Thomason, Davis, Madden, Watkins, Ellis, Madison, Warren of Burke, Floyd, Maull, Williams of Harris, Goodwin, Moore, Williams of Haralson. Yeas 48. Nays 69. So the substitute was lost. Mr. Williams of Morgan called the previous question upon Mr. O'Neal's substitute. Mr. Costin of Talbot moved fa lay the substitute upon the table. Upon which motion the yeas and nays were called and sustained, resulting in yeas 67, and nays 45. Those voting in the affirmative are Messrs.— Atkins, Buchan, Darnell, Armstrong, Carson, Davis, Allen of Jasper, Campbell, Ellis, Allen of Hart, Caldwell, Evans, Bell, Clower, Floyd, Bethune, Claiborne, Goodwin, Belcher, Costin, Gober. Barnes, Colby, Golden, Bryant, Cunningham, Gardner, 116 JOURNAL OF THE HOUSE. Guilford, Hillyer. Holcombe, Houston, Harden, Haren, Hughes, Hutchings, Harris of Glascock, Harrison of Hancock, Joiner, Jackson, Johnson of Towns, Johnson of Spalding, Johnson of Forsyth, Linder, Madden, Madison, Maull, Moore, MeCormick, Nesbit of Gordon, Osgood, O'Neal of Baldwin, Price, Porter, Perkins of Dawson, Beid, Bice, Sogers, Bichardson, Sewell, Strickland, Stone, Saulter, Smith of Muscogee, Tweedy, Thomason, Warren of Burke, Williams of Harris, Williams of Haralson. Those voting in the negative are Messrs.— Bennett, Harrison of Franklin, Bumph, Brewster, Kytle, Sisson, Brown, Lee, Shumate, Clark, Lane, Shackleford, Cloud, Matthews, Scott, Felder, McArthur, Sorrells, Fowler. McDougald, Tate, Fryer, Nash, Vinson, Gray, O'Neal of Lowndes, Watkins, Gullatt. Paulk, Walthall, Harkness, Phillips, Wilehar. Hook, Pepper, Welchel. Humber, Prudden, Warren of Quitman, Harper of Sumter, Perkins of Cherokee, Williams of Morgan. Harper of Terrell. Eainey, Zellars. Yeas 67. Nays 45. So tlie motion prevailed. Mr. Darnell of Pickens offered a resolution, tendering the use of this Hall to Mr. Jonathan Norcross, to address the laboring men on Saturday evening next, on the subject of labor and capital, which resolution was adopted by general consent, and ordered to be placed upon the Journal. Mr. Porter of Chatham then called the previous ques¬ tion upon Mr. Bethune's motion—which call was sustained, and the vote being taken upon said motion it prevailed, and the House took a recess until Monday next, 12 o'clock, M. MONDAY, APRIL 25, 1870. 117 Monday, April 25,. 1870, 12 o'clock, m. The House of Representatives met pursuant to adjourn¬ ment and was opened with prayer by the Rev. Mr. Crumley. On motion of Mr. Darnell of Pickens the calling of the roll was dispensed with. Journal of Wednesday read and approved. Mr. Bryant of Richmond moved that the House do now proceed to the transaction of legislative business. Mr. Darnell offered as a substitute a resolution appoint¬ ing a committee of three from the Senate, and five from the House, to wait upon his Excellency, Provisional Gov¬ ernor Bullock, and after consultation report the proper course for the General Assembly to pursue, under the sur¬ rounding circumstances. Mr. Price of Lumpkin offered as a substitute for the whole, a resolution appointing a committee of three to wait upon Governor Bullock and inform him that the House has met in accordance with its adjournment, and is ready to receive any communication lie may see proper to send them. Mr. Bryant of Richmond withdrew his motion in favor -of Mr Price's resolution. Mr. Scott of Floyd raised the point of order that the General Assembly having been in session forty days could not sit longer without a two-thirds vote. Which the Chair ruled was not well taken. Mr. Scott appealed from the Chair's decision, and the vote being taken upon said appeal the ruling of the Chair was sustained. Mr. Lee of Newton offered as a substitute for the whole a resolution adjourning the General Assembly sine die, sub¬ ject to the call of the Provisional Governor; and that the Commanding General be requested to order the general appropriation necessary to carry on the General Govern¬ ment, and pay the members of the Legislature. Which resolution was 'read for the information of the House. Mr. Tweedy of Richmond moved to lay Mr. Price's res- 118 JOUENAL OF THE HOUSE. olution upon the table, and the yeas and nays were called, resulting in yeas 56, and nays 58. Those voting in the affirmative are Messrs.— Atkins, Gardner, Madison, Alien of Jasper, Guilford, Maull, Allen of Hart, Hillyer, Moore, Bell, Holcombe, McCormick, Bethune, Houston, Nesbit of Gordon, Beard, Harden, O'Neal of Baldwin, Barnes, Haren, Porter, Carson. Hughes, Perkins of Damson, Campbell, Hutchings, Reid, Costin, Hall of Meriwether, Rogers. Colby, Joiner, Richardson, Cunningham, Jackson, Smith of Charlton, Darnell, Johnson of Towns, Smith of Muscogee, Davis, Johnson of Spalding, Tweedy, Ellis, Johnson of Forsyth, Thomason, Fitzpatrick, Lee, Wat kins, Floyd, Linder, Warren of Burke, Goodwin, Lindsey, Zellars. Golden, Madden, Those voting in the negative are Messrs.— Armstrong, Higdon, Reddish, Bennett, Hook, Rainey, Brewster, Hooks, Rosser, Brown, Humber, Rumph, Barnum, Harris of Murray, Strickland, Ballanger, Harper of Sumter, Stone, Bryant, Harrison of Franklin, Saulter, Caldwell, Kytle, Sisson, Clowers, McArthur, Seale, Clegkorn, MeDougald, Scott, Claiborne, Nash, Scroggins, Cobb, Nisbet of Dade, Turner, Felder, Osgood, Tate, Fowler, Price, Walthall, Ford. Paulk, Welchel, Fryer, Phillips, Warren of Quitman, Gray, Pepper, Williams of Harris. Gullatt, Perkins of Cherokee, Yeas 56. Nays 53. So the motion prevailed. MONDAY, APRIL 25, 1870. Mr. Tweedy of Richmond called the previous question upon Mr. Darnell's resolution; which call was sustained,, and the vote being taken upon the adoption of said reso¬ lution, the yeas and nays were called, resulting in yeas 58v and nays 52. Those voting in the affirmative are Messrs.— Atkins, Houston, Moore, Allen of Jasper, Harden, McCormicb, Bell, Haren, Nesbit of Gordon, Beard, Hughes, O'Neal of Baldwin, Barnes, Hutchings. Porter, Carson, Harrison of Hancock, Prudden, Campbell, Hall of Meriwether, Perkins of Dawson, Costin, Joiner, Eeid, Cunningham, Jackson, Rogers, Darnell, Johnson of Towns, Richardson, Davis, Johnson of Spalding, Sa alter, Ellis, Johnson of Forsyth, Smith of Charlton, Fitzpatrick, Lee, Smith of Muscogee, Franks, Linder, Tweedy, Goodwin, Lindsey, Thomason, Golden, Madden, Watkins, Gardner, Madison, Warren of Burke, Guilford, Maxwell, Williams of Haralson, Hillyer, Maull, Zellars. Holcombe, Those voting in the negative are Messrs.— Armstrong, Gullatt, Reddish, Bennett, Higdon, Rainey, Brewster, Hook, Rosser, Brown, Humber, Rumph, Barnum, Harper of Sumter, Strickland, Ballanger, Harrison of Franklin, Stone, Bryant, Ivytle, Sisson, Caldwell, McArthur, Seale, Glower, McDougald, Scott, Cleghorn, Nash, Scroggins, Claiborne, Nisbet of Dade, Turner, Cobb, Osgood, Tate, Evans, Price, . Walthall, Felder, Paulk, Welchel, Fowler, Phillips, "Warren of Quitman, Ford, Pepper, Williams of Harris, Fryer, Perkins of Cherokee, Williams of Morgan, Grav, Yeas 58. Nays 52. 120 journal of the house. So the resolution was adopted, and the Chair appointed as the committee thereunder, Messrs. Darnell of Pickens, Price of Lumpkin, Bell of Banks, Nisbet of Dade, and Harrison of Hancock. The following message was received from the Senate through Mr. Mills, the Secretary : Mr. Speaker: The Senate has concurred in the resolution of the House appointing a committee to wait on his Excellency "Provi¬ sional Governor Bullock and, after consultation, report the proper course for this General Assembly to pursue under the circumstances now surrounding us," and have ap¬ pointed as such committee, on the part of the Senate, Messrs. Harris, Nunnally and Brock. Leave of absence was granted to Messrs. Tumlin of Randolph, Williams of Morgan and O'Neal of Lowndes, for a few days on special business. Also, to Mr. Lastinger of Clinch, for a few days on ac¬ count of sickness. On motion the House adjourned until 12 o'clock M., Wednesday next. Wednesday, April 27, 1870, 12 o'clock, m. The House of Representatives met pursuant to adjourn¬ ment and was opened with prayer by the Rev. Mr. Crumley. On motion the calling of the roll was dispensed with. Journal of Monday read and approved. Mr. Darnell, chairman of the committee appointed to wait on the Governor, submitted the following report: Mr. Speaker : The committee appointed by the House of Representa¬ tives to wait upon his Excellency the Provisional Governor WEDNESDAY, APRIL 27,1870. 121 have performed the duty assigned them, and we herewith submit to the House the suggestions of the Governor, the same being approved by General Terry, and recommend that the suggestions contained in the communication of the Governor, herewith submitted, be adopted and carried out. S. A. Darnell, Chairman Committee. W. R. Bell, W. H. Harrison. I Without approving the views of Governor Bullock re¬ specting the opinion of Attorney-General Hoar, so far as it may relate to the present status of the Legislature of Georgia, but believing that the General Assembly of Georgia, as now organized, is competent to enact all neces¬ sary laws, we nevertheless, under the peculiar situation of the State before Congress at this time, concur in the fore¬ going report. W. P. Price, J. C. Nisbet. The accompanying communication of the Provisional Governor was read, and is as follows: Executive Department, Atlanta, Georgia, April 27, 1870. To the Honorable Chairman and Members of the Joint Com¬ mittee appointed by joint resolution of the Provisional Legis¬ lature, April 28, 1870: Gentlemen—After having had the benefit of a full and free consultation with yourselves, and, in your company, with General Terry, touching the subject matter of the resolution by which your committee was authorized to act, I would most respectfully recommend to you, and through you to the Legislature, that, by joint resolution, the Appro¬ priation Act of 1869 be in proper proportion, continued for the first and second quarters of this year; that the Comptroller General be authorized to proceed under the 122 JOURNAL OF THE HOUSE. Tax Act of 1869, and that your honorable body then adjourn until such time in the near future as will be most likely to embrace the action of Congress for the recogni¬ tion of the State and her admission into the Union; and I would respectfully suggest the first Wednesday in July as a convenient time for re-assembling. The recommendation in regard to the resolution for the appropriations, &c., is made because we have the assurance of the General commanding this district, that, owing to the pressing necessity for such action, he will give validity to the resolutions, and authorize them to take effect. And the adjournment pending the action of Congress is recom¬ mended because of the peculiar political condition in which we are placed. The government of the State being provisional, subject, in all respects to the District Com¬ mander under the reconstruction acts, the Legislature cannot proceed to general legislation, unless it shall organize by administering the test oath to its members. This position is established by the opinion of the Honora¬ ble Attorney-General of the United States in the case of Virginia. That opinion I had the honor to quote in my communication to the Legislature on February 2,1870, as follows : " It is required under the previous law to act upon the question of adopting the * * * [amendments] to the Constitution of the United States before the admission of the States to representation in Congress. I am of the opinion, therefore, that it may come together, organize and act upon that amendment; but until Congress shall have approved the Constitution and the action under it, and shall have restored the State to its proper place in the Union, by recognizing its form of government as republi¬ can, and admitting it to representation, the Legislature is not entitled, and could not, without violation of law, be allowed to transact any business, pass any act or resolve, or undertake to assume any other functions of a Legisla¬ ture, if the test oath has not been required of its members." The Legislature having adopted the fundamental con¬ ditions and amendments required by the several recon- WEDNESDAY, APRIL 27, 1870. 128 struction acts, and having elected Senators, the question whether " Congress shall have approved the Constitution and the action under it, and shall have restored the State to its proper place in the Union, by recognizing its form of government as republican, and admitting it to represen¬ tation," is now under consideration by Congress, and is not yet decided; it "would, therefore, in my opinion, be unwise, if not unlawful, to attempt to enter upon general legislation at this time. I am assured by the General commanding the district, that he will approve a resolution of the Legislature pro¬ viding for the appointment of a committee such as was asked for by me in my communication to the Legislature in February last, and which I herewith respectfully repeat, as follows: " I shall esteem it a personal and official favor if your honorable body will authorize a joint committee to sit dur¬ ing the recess and investigate the indirect charges made by the Treasurer, through the public prints, against the Executive, as well as any and all charges he may now have to present. I would respectfully recommend that the com¬ mittee be authorized to send for persons and papers and to administer oaths." It is, also, respectfully recommended that this committee be authorized and directed to inquire as to the Treasurer's use of the public money for his own personal benefit, and into the system of book-keeping in the Treasurer's office. I would recommend further and finally, that a committee be authorized and directed to inquire into the financial condition and operations of the Western & Atlantic Rail¬ road. As you, gentlemen of the committee, understand from our interview with the General Commanding the district, he desires to avoid the exercise of any authority whatever in the matter now pending other than the approval which I have heretofore referred to, but expresses the opinion that it would be unwise to enter upon any general legislation at this time. I would, therefore, respectfully repeat and ask your lion- 124 JOURNAL OF THE HOUSE. orable committee to communicate the same to the Legis¬ lature, with my recommendation that, after having duly considered and adopted such regulations with regard to the appropriations, the Tax Act and the committees for investigation, as the wisdom of the General Assembly shall dictate, the two Houses adjourn until such day as that honorable body may determine to be proper for re-assem¬ bling. I am, gentlemen, very respectfully, Rufus B. Bullock. Mr. Darnell of Pickens moved that the report of the committee be adopted. Pending the discussion of which motion, the House, after granting leave of absence to Messrs. Hall of Bulloch, Turnipseed of Clay, Page of Lee, Cloud of Clayton, Har¬ per of Terrell, Shumate of Whitfield, for a few days, on special business, and Mr. Wilcher of Taylor for a few days on account of sickness, adjourned until 10 o'clock a. m. to-morrow. Thursday, April 28, 1870, 10 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr- Crumley. On motion, the calling of the roll was dispensed with. Journal of yesterday read and approved. The House resumed the consideration of the unfinished business of }resterday, the same being the motion of Mr. Darnell of Pickens, to adopt the report of the committee appointed to wait upon his Excellency Provisional Gov¬ ernor Bullock, and, after consultation, report the proper course for the General Assembly to pursue under sur¬ rounding circumstances. The following message was received from the Senate, through Mr. Mills, the Secretary: THURSDAY, APRIL 28, 1870. 125 Mr. Speaker: The Senate have adopted the following report: " The committee appointed by the Senate to wait upon his Excellency the Provisional Governor, have performed the duty assigned them, and we herewith submit to the Senate the suggestions of the Governor, the same being approved by General Terry, and recommended that the suggestions contained in the communication of the Gov¬ ernor herewith submitted, be adopted and carried out." In which they ask the concurrence of the House. And I am directed by the Senate to transmit the same forth¬ with to this branch of the General Assembly. Mr. Warren of Quitman, offered as an amendment to the report of the committee, a resolution, that in adopt¬ ing the report of the committee, the recommendations of the Governor shall not be construed so as to prohibit the Legislature from altering, changing or modifying any of the provisions of the Appropriation and Tax Bills of 1869. Mr. Scott of Floyd offered a substitute for the whole, which the Chair ruled could not now be entertained. Mr. Porter of Chatham moved to lay Mr. Warren's amendment upon the table; which motion he withdrew. Mr. Anderson of Cobb called the previous question upon the motion adopting the report of the committee, which call was sustained; and the yeas and nays being de¬ manded upon the adoption of the report, resulted in yeas 88, and nays 35. Those voting in the affirmative are Messrs.— Atkins, Campbell, Fryer, Armstrong, Caldwell, Goodwin, Anderson, Clowers, Gober, Allen of Jasper, Costin, Golden, Allen of Hart, Colby, Gardner, Bell, Cunningham, Gray, Bethune, Darnell, Guilford, Beard, Davis, Hillyer, Bennett, Ellis, Higdon, Barnes, Fitzpatrick, Holcombe, Bradford, Franks, Holden, Carson, Floyd, Houston, 126 JOURNAL OF THE HOUSE. Harden, Maxwell, Bogers, Haren, Maull, Bichardson, Hamilton, Moore, Strickland, Hutcbings, McCormick, Simms, Hooks, Neal, Stone, Harris of Murray, Nisbet of Dade, Saulter, Harris of Glascock, Nesbit of Gordon, Scroggins, Harrison of Hancock, O'Neal of Baldwin, Smith of Charlton, Hall of Meriwether, Parks, Smith of Muscogee, Joiner, Price, Tweedy, Jackson, Paulk, Thomason, Johnson of Towns, Porter, Turner, Johnson of Spalding, Prudden, Watkins, Johnson of Forsyth, Perkins of Dawson, Warren of Burke, Lee, Iteid, Williams of Harris, Lane, Bice, Williams of Haralson, Linder, Beddish, Zellars. Lindsey, Those voting in the negative are Messrs,— Brewster, Gullatt, Eainey, Barnum, Harkness, Bosser, Ballanger, Hook, Sisson, Clark, Humber, Seale, Cleghorn, Harper of Sumter, Shackleford, Claiborne, Harrison of Franklin, Scott, Cobb, Hall of Glynn, Sorrells, Duncan, Kytle, Tate, Erwin, Madden, Vinson, Felder, Matthews, Walthal, Fowler, Nash, Warren of Quitman. Ford, Pepper, Yeas 88. Nays 35. So the motion prevailed. Mr. Turner of Bibb offered a resolution sympathizing with those who are sufferers by the late disaster at Rich¬ mond, Virginia; which resolution was taken up, read and adopted. Mr. Darnell of Pickens moved to take up the message from the Senate and concur in the report of the committee accompanying the same; which motion prevailed. Mr. Scott of Floyd offered a resolution appointing a committee of five, composed of Messrs. Collier, Pope, THURSDAY, APRIL 28, 1870. 127 Akerman, Lester and Mott, for the purpose of investiga¬ ting the affairs and management of the Western & Atlan¬ tic Railroad; inquiring into the charges against Governor Bullock and the State Treasurer, N. L. Angier, specifying the duties and powers of said committee; and that this House extend its session ten days, for the purpose of pass¬ ing the General Appropriation and Tax bills for the year 1870, and then adjourn sine die. Mr. Porter of Chatham moved to lay said resolution upon the table; upon which motion the yeas and nays be¬ ing demanded, resulted in yeas 66, nays 40. Those voting in the affirmative are Messrs.— Atkins, Goodwin, Maxwell, Allen of Jasper, Gober, Maull, Allen of Hart, Golden, Moore, Bell, Gardner, Nesbit of Gordon, Bethune, Guilford, O'Neal of Baldwin, Beard, Holcombe, Porter, Barnes, Houston, Perkins of Dawson, Bradford, Haren, Reid, Carson, Hamilton, Rogers, Campbell, Hughes, Richardson, Clower, Hutchings, Strickland, Claiborne, Hooks, Simms, Costin, Harrison of Hancock, Saulter, Colby, Hall of Meriwether, Smith of Charlton, Cunningham, Joiner, Smith of Muscogee, Darnell, Jackson, Tweedy, Davis, Johnson of Towns, Thomason, Duncan, Johnson of Spalding, Turner, Ellis, Johnson of Forsyth, Watkins, Evans, Lee, Warren of Burke, Franks, Linder, Williams of Harris, Floyd, Madden, Williams of Haralson. Those voting in the negative are Messrs.— Anderson, Fitzpatrick, Humber, Bennett, Felder, Harper of Sumter, Brown, Fowler, Harrison of Franklin, Barnum, Fryer, Hall of Glynn, Ballanger, Gray, Kytle, Dleghorn, Higdon, Matthews, Oobb, Harkness, McCormick, Erwin, Hook, Nash, 128 JOURNAL OF THE HOUSE. Paulk, Phillips, Perkins of Cherokee, Rainey, Ro&Sel', Iluiopii, Stone, Sisson, Seale, Shackleford, Scott, Scroggins, Sorrells, Vinson, Weickel, Warr en of Quitman. So the motion prevailed. On motion the House adjourned until 10 o'clock A. m., to-morrow. Friday, April 29,1870, 10 o'clock, a. M. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Crumley. On motion, the calling of the roll was dispensed with. Mr. Darnell of Picken objected to that portion of the Journal, which relates to Mr. Scott's resolution, offered on yesterday, and laid upon the table; which objection was withdrawn, and the Journal approved. Mr. Porter of Chatham offered a resolution, directing the State Treasurer to pay the colored members of this House, their per diem pay, for thirty-three days, a balance due for the session of 1868, and mileage one way; and their per diem pay for 1869—66 days; and their mileage both ways—upon their accounts being audited by the Auditing Committee, in accordance with the provisions of this reso¬ lution. Mr. Bryant of Richmond offered a resolution as a sub¬ stitute, that the Auditing Committee be instructed to audit the accounts of the colored members, for the amount due each, for the portion'of the session of 1868, for which they were not paid, and for the session of 1869; and that the Treasurer be authorized to pay each of said members the amount due. Which substitute Mr. Porter accepted the verbiage of Mr. Bryant's resolution in lieu of his resolution. FRIDAY, APRIL 29, 1870. 129 Mr. Tweedy of Richmond raised the point of order, that as the resolution contemplated an appropriation of money, it could only be considered in Committee of the Whole— which point the Chair ruled was not well taken. Mr. Costin of Talbot offered as a substitute for the whole, a resolution appointing a committee of five, to investigate as to whether the colored members are entitled to pay for the time they were expelled from this House. Mr. Johnson of Towns moved to lay the whole matter upon the table for the present; and the yeas and nays being demanded upon said motion, resulted in yeas 74, and nays 42. Those voting in the affirmative are Messrs.— Atkins, Higdon, Parks, Armstrong, Holcombe, Paulk, Anderson, Holden, Phillips, Allen of Hart, Haren, Prudden, Bethune, Harkness, Perkins of Dawson, Bennett, Hughes, Perkins of Cherokee, Brown, Hook, Kice, Barnum, Hooks, Eosser, Ballanger, Humber, Rogers, Bradford, Harris of Murray, Rumph, Clark, Hall of Meriwether, Strickland. Cloud, Hall of Glynn, Saulter, Cleghorn, Johnson of Towns, Sisson, Cobb, Johnson of Forsyth, Seale, Costin, Lee, Sorrels, Cunningham, Lane, Smith of Charlton, Darnell, Madison, Smith of Muscogee, Duncan, Matthews, Smith of Ware, Franks, Maxwell, Thomason, Felder, Maull, Vinson, Fowler, Moore, Watkins, Goodwin, McArthur, Walthall, Gober, Nash, Welchel, Gray, Nisbet of Dade, Williams of Haralson, Gullatt, Nesbit of Gordon, Zellars. Hillyer, Those voting in the negative are Messrs.— Allen of Jasper, Campbell, Claiborne, Bryant, Caldwell, Colby, Carson, 9 Clowers, Davis, 130 JOURNAL OF THE HOUSE. Richardson, Simms, Stone, Schakleford, Scott, Tweedy, Turner, Tate, Warren of Burke, Warren of Quitman, Williams of Harris. Teas 74. Nays 42. So the motion prevailed. Mr. Johnson of Towns then gave notice that he would move to reconsider the action of the House in regard to said motion on to-morrow. The following message was received from the Senate, through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate has adopted the following resolution: Resolved by the General Assembly, That in the future the President of the Senate, Speaker of the House of Repre¬ sentatives, and the Auditing Committees of the Senate and House of Representatives, adhere strictly and rigidly to the 181st section of the Code, etc. In which they ask the concurrence of the House. And I am directed to transmit the same forthwith to the House. Mr. Bryant of Richmond arose to a personal explana¬ tion, in relation to the charges made against him on yes¬ terday by Mr. Simms of Chatham. Mr. Anderson of Cobb raised the point of order that Mr. Bryant was not making a personal explanation; which the Chair ruled was well taken. Mr. Bryant appealed from the Chair's ruling, but after¬ wards withdrew the appeal. Fitzpatrick, Floyd, Ford, Fryer, Golden, Guilford, Houston, Hamilton, Hutchings, Harper of Sumter, Harrison of Franklin, Harrison of Hancock, Joiner, Jackson, Johnson of Spalding, Linder, Madden, McCormick, Osgood, O'Neal of Baldwin, Porter, Reid, Rainey, FRIDAY, APRIL 29, 1870. 131 Mr. Price of Lumpkin offered a preamble and resolution to the effect that elections having been held in the counties- of Miller, Madison, Telfair, Marion and Irwin for members of the Legislature, in accordance with a proclamation of his Excellency Governor Bullock, therefore they be allowed to take their seats, upon their taking the oaths prescribed by law; and moved that the same be taken up; which motion prevailed. Mr. Tweedy of Richmond moved to postpone the reso¬ lution indefinitely. Mr. Campbell of Mcintosh moved to adjourn until 10 o'clock A. M. to-morrow. Mr. Bryant of Richmond moved to lay the resolution upon the table for the present, and called the previous question upon the whole subject-matter before the House, which call was sustained, and the vote being taken upon Mr. Bryant's motion, the yeas and nays were demanded, and resulted in yeas 46, and nays 72. Those voting in the affirmative are Messrs.— Atkins, Golden, Moore, Allen of Jasper, Gardner, McCormick, Beard, Guilford, Nesbitt of Gordon, Barnes, Hillyer, O'Neal of Baldwin, Campbell, Harden, Porter, Clower, Haren, Perkins of Dawson, Costin, Hughes, Eeid, Colby, Hutchings, Bogers, Cunningham, Harrison of Hancock, Itichardson, Darnell, Joiner, Simms, Davis, Jackson, Smith of Muscogee, Ellis, Johnson of Towns, Tweedy, Fitzpatrick, Johnson of Spalding, Thomason, Franks, Johnson of Forsyth, Turner, Floyd, Maull, Warren of Burke. Goodwin, Those voting in the negative are Messrs.— Anderson, Ballanger, Cleghorn, Betkune, Bryant, Claiborne, Bennett, Bradford, Cobb, Brewster, Clark, Duncan, Brown, Caldwell, Erwin, Barnum, Cloud, Felder, 132 JOURNAL OF THE HOUSE. Fowler, Hall of Meriwether, Rosaer, Ford, Hall of Glynn, Kumpb, Fryer, Kytle, Strickland, Gober, Linder, Stone, Gray, Lindsey, Sisson, Gullatt, Matthews, Seale, Higdon, Maxwell, Shackieford, Houston, Mc Arthur, Scott, Hamilton, Neal, Sorrells, Harkuess, Nash, Smith of Ware, Hook, Nisbet of Dade, Tate, Hooks, Parks, Vinson, Humber, Price, Watkins, Harris of Murray, Paulk, Walthall, Harris of Glascock, Phillips, Welchel, Harper of Sumter, Perkins of Cherokee, Warren of Quitman, Harper of Terrell, Reddish, Williams of Haralson, Harrison of Franklin, Rainey, Zellara. Teas 46. Nays 72. So the motion was lost. The vote was then taken upon Mr. Campbell's motion, and the yeas and nays being demanded, resulted in yeas 55, and nays 62. Those voting in the affirmative are Messrs. Atkins, Gardner, Madden, Allen of Jasper, Guilford, Maull, Bell, Hillyer, Moore, Bethune, Holcombe, McCormick, Beard, Houston, Nesbit of Gordon, Barnes, Harden, O'Neal of Baldwin, Campbell, Haren, Porter Clower, Hughes, Perkins of Dawson, Costin, Hutchings, Beid, Colby, Hooks, Richardson, Cunningham, Harrison of Hancock, Simms, Darnell, Joiner, Saulter, Davis, Jackson, Smith of Muscogee, Ellis, Johnson of Towns, Tweedy, Fitzpatrick, Johnson of Spalding, Thomason, Franks, Johnson of Forsyth, Turner, Floyd, Linder, Watkins, Goodwin, Lindsey, Warren of Burke. .Golden, FRIDAY, APRIL 29, 1870. 133 Those voting in the negative are Messrs.— Anderson, Higdon, Phillips, Bennett, Hamilton, Prudden, Brewster, Harkness, Perkins of Cherokee, Brown, Hook, Rice, Barnnm, Humber, Reddish, BallangeY, Harris of Murray, Rainey, Bryant, Harris of Glascock, Rosser, Bradford, Harper of Sumter, Rogers, Carson, Harper of Terrell, Rumph, Clark, Harrison of Franklin, Strickland, Caldwell, Hall of Meriwether, Stone, Cloud, Hall of Glynn, Sisson, Cleghorn, Kytle, Seale, Claiborne, Matthews, Shackleford, Cobb, Maxwell, Scott, Duncan, McArthur, Sorrells, Erwin, Neal, Smith of Ware, Felder, Nash, Tate, Fowler, Nisbit of Dade, Vinson, Ford, Osgood, Walthall, Fryer, Parks, Welchel, Gray, Price, Warren of Quitman. Gullatt, Paulk, Yeas 55. Nays 62. So the motion was lost. The question then recurred upon Mr. Tweedy's motion ; upon which the yeas and nays being demanded, resulted in yeas 58 and nays 66. Those voting in the affirmative are Messrs.— Atkins, Davis, Hughes, Allen of Jasper, Ellis, Hutchings, Bell, Fitzpatrick, Harrison of Hancock, Beard, Franks, Joiner, Barnes, Floyd, Jackson, Bradford, Goodwin, Johnson of Towns, Carson, Golden, Johnson of Spalding, Campbell, Gardner, Johnson of Forsyth, Clower, Guilford, Lee, Costin, Hillyer, Linder, Colby, Holcombe, Madden, Cunningham, Houston, Maull, Darnell, Haren, Moore, 134 JOURNAL OF THE HOUSE. McCormick, Nesbitt of Gordon, O'Neal of Baldwin, Porter, Perkins of Dawson, Beid, Bice, Those voting in the negative are Messrs.— Anderson, Gullatt, Osgood, Bethune, Higdon, PaTks, Bennett, Holden, Price, Brewster, Hamilton, Paulk, Brown, Harkness, Phillips, Bamum, Hook, Perkins of Cherokee, Ballanger, Humber, Beddish, Bryant, Hams of Murray, Bainey, Clark, Harris of Glascock, Eosser, Caldwell, Harper of Sumter, Bumph, Cloud, Harper of Terrell, Strickland, Cleghorn, Harrison of Franklin, Sisson, Claiborne, Hall of Meriwether, Seale, Cobb, Hall of Glynn, Shackleford, Duncan, Kytle, Scott, Erwin, Lindsey, Sorreils, Felder, Matthews, Smith of Ware, Fowler,- Maxwell, Tate, Ford, 31 c Arthur. Vinson, Fryer, Neal, Walthall, Gober, Nash, Welchel, Gray, Nisbet of Dade, Wan-en of Quitman. Yeas 58. Nays 66. So the motion was lost. Mr. Price of Lumpkin moved the adoption of the reso¬ lution ; upon which motion the yeas and nays were called and sustained, resulting in yeas 66 and nays 57. Those voting in the affirmative are Messrs.— Armstrong, Bamum, Cleghorn, Anderson, Ballanger, Cobb, Bethune, Bryant, Duncan, Bennett, Clark, Erwin, Brewster, Caldwell, Felder, Brown, Cloud, • Fowler, Bogers, Bichardson, Simms, Saulter, Smith of Muscogee, Tweedy, Thomason, Turner, Watkins, Warren of Burke, Williams of Harris, Williams of Haralson. FKIDAY, APKIL 29, 1870. 135 Ford, Fryer, Gober, Gray, Gullatt, Higdon, Holden, Hamilton, Harkness. Hook, Humber, Harris of Murray, Harper of Sumter, Harper of Terrell, Harrison of Franklin, Hall of Meriwether, Hall of Glynn, Kytle, Lindsey, Matthews, Maxwell, McArthur, Neal, Nash, Nisbet of Dade, Osgood, Parks, Price, Paulk, Phillips, Prudden, Perkins of Cherokee, Reddish, Rainey, Rosser, Rumph, Strickland, Sisson, Seale, Shackleford, Scott; Sorrells, Smith of Ware, Tate, Vinson, Walthall, Welchel, Warren of Quitman. Those voting in the negative are Messrs.— Atkins, Golden, Moore, Allen of Jasper, Gardner, McCormick, Bell, Guilford, Nesbitt of Gordon, Beard, Hilly er, O'Neal of Baldwin, Barnes, Holcombe, Porter, Carson, Houston, Perkins of Dawson, Campbell, Harden, Rice, Clower, Haren, Rogers, Claiborne, Hutchings, Richardson, Costin, Harrison of Hancock, Simms, Colby, Joiner, Stone, Cunningham, Jackson, Saulter, Darnell, Johnson of Towns, Smith of Muscogee, Davis, Johnson of Spalding, Tweedy, Ellis, Johnson of Forsyth, Thomason, Fitzpatrick, Lee, Turner, Franks, Madden, Warren of Burke, Floyd, Madison, Williams of Harris, Goodwin, Maull, Williams of Haralson, Yeas 66. Nays 57. So the motion prevailed. Mr. Darnell of Pickens gave notice that he would move to reconsider the action of the House in relation to the adoption of Mr. Price's resolution on to-morrow. On motion the House adjourned until 10 o'clock a. m., to-morrow. 136 JOURNAL OF THE HOUSE. Saturday, April 30, 1870, 10 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment and was opened with prayer by the Rev. Mr. Clark. On motion the calling of the roll was dispensed with. Journal of yesterday read, and after being corrected in relation to Mr. Porter's, of Chatham, acceptance of Mr. Bryant's, of Richmond, substitute for his resolution, ap¬ proved. Mr. Johnson of Towns moved to reconsider so much of the Journal of yesterday as relates to the action of the House laying upon the table the resolution direct¬ ing the State Treasurer to pay the colored members of this House their per diem pay for thirty-three days, a balanee due for the session of 1868, and their mileage one way, and their per diem pay for 1869—66 days—and their mileage both ways, upon their accounts being audited by the Auditing Committee, in accordance with the provi¬ sions of this resolution; and the substitute therefor, in¬ structing the Auditing Committee to audit the accounts of the colored members for the amounts due each, for the portion of the session of 1868, for which they were not paid, and for the session of 1869, and that the Treasurer be authorized to pay to each of said members the amount due; which motion prevailed. Mr. Darnell of Pickens moved to reconsider so much of the Journal of yesterday as relates to the action of the House adopting the resolution allowing the newly elected members from the counties of Miller, Madison, Irwin, Tel¬ fair and Marion, to take their seats upon taking the oaths prescribed by law. Upon which motion Mr. Lane of Brooks called the pre¬ vious question; which call was sustained and the main question was ordered; and the yeas and nays being de¬ manded, resulted in yeas 72 and nays 63. Those voting in the affirmative are Messrs.— Atkins, Bell, Beard, Allen of Jasper, Bethune, Barnes, Allen of Hart, Belcher, Bradford, SATURDAY, APRIL 30, 1870. 137 Campbell, Harden, McCormick, Clower, Haren, Nesbit of Gordon, Cleghorn, Hughes, O'Neal of Baldwin, Costin, Hutchings, Porter, Colby, Hooks, Perkins of Dawson, Cunningham, Harris of Glascock, Eeid, Darnell, Harrison of Hancock, Kice, Davis, Hall of Meriwether, Rogers, Ellis, Joiner, Richardson, Evans, Jackson, Simms, Fitzpatrick, Johnson of Towns, Saulter, Franks, Johnson of Spalding, Smith of Muscogee, Felder, Johnson of Forsyth, Tweedy, Floyd, Lee, Thomason, Goodwin, Lane, Turner, Golden, Linder, Watkins, Gardner, Madden, Warren of Burke, Guilford, Madison, Williams of Harris, Hillyer, Maxwell, Williams of Haralson, Holcombe, Maull, Zellars. Houston, Moore, Those voting in the negative are Messrs.— Armstrong, Higdon, Perkins of Cherokee, Anderson, Holden, Reddish, Bennett, Hamilton, Rainey, Brewster, Harkness, Rosser, Brown, Hook, Rawles, Barnum, Humber, Rumph, Ballanger, Harris of Murray, Stone, Bryant, Harper of Sumter, Sisson, Clark, Harper of Terrell, Shumate, Caldwell, Harrison of Franklin, Seale, Cloud, Hall of Glynn, Shackleford, Cleghorn, Kytle, Scott, Cobb, Matthews, Scroggins, Duncan, McArthur, Sorrells, Erwin, Nash, Smith of Charlton, Felder, Nisbett of Dade, Smith of Ware, Fowler, Osgood, Tate, Ford, Parks, Vinson, Fryer, Price, Walthall, Gober, Paulk, Welchel, Gray, Porter, Warren of Quitman. Gullatt, Yeas 72. Nays 63. So the motion prevailed. Mr. Carson of Thomas paired off with Mr. Phillips. 138 JOURNAL OF THE HOUSE. Mr. Porter of Chatham moved to take up the resolution which was reconsidered this morning, providing for the payment of colored members their per diem and mileage for the time they were absent from the House, in the years 1868 and 1869; which motion was lost. Mr. Hillyer of Camden offered a resolution authorizing the Governor to draw his warrant upon the Treasurer in favor of the family of Representative Lumpkin, deceased, for $140 50, the amount due for the session ending Feb¬ ruary 17, 1870. Mr. Belcher of "Wilkes offered a resolution authorizing and directing the Treasurer to pay out of any money in the Treasury, not otherwise appropriated, the scrip or warrant issued to members of the Constitutional Conven¬ tion of 1867-8 with interest from the date of issue. Mr. Osgood of Chatham offered a resolution tendering his Excellency Governor Bard of Idaho, who is now in this city, a seat upon this floor; which resolution was taken up and adopted. The House took up the Senate resolution, that the Pres¬ ident of the Senate and Speaker of the House of Repre¬ sentatives, and the Auditing Committee of the Senate and House of Representatives, adhere strictly and rigidly to the 181st section of the Code, and concurred in the same. The following message was received from the Senate through Mr. Mills, the Secretary thereof: ilir. Speaker : The Senate has adopted the following series of resolu¬ tions, in which they ask the concurrence of the House: A resolution that the Appropriation Act of 1869 be con¬ tinued in full force and effect for the first two quarters of this year, viz: until July 1, 1870. Also, a resolution that the Tax Act of 1869 be contin¬ ued in full force and effect until otherwise ordered by the General Assembly. Also, a resolution that the interest and principal upon the public debt accruing prior to July 1, 1870, be paid as it becomes due, etc. SATURDAY, APRIL 30, 1870. 139 Also, a resolution that a joint committee of three from the Senate and five from the House be appointed, whose duty it shall be to make a full and thorough examination into the condition and management of the finances of the Western & Atlantic Railroad, etc. Also, a resolution that a similar joint committee be ap¬ pointed, whose duty it shall be to visit the Penitentiary and the different places where the convicts are employed, and make a thorough examination into the condition and manner of the treatment of said convicts, etc. Also, a resolution that each of said committees be au¬ thorized to employ a clerk, etc. Also, a resolution that all the proceedings in the several courts of this State, founded on any debt or contract made or entered into prior to June 1, 1865, and all levies and sales by virtue of any execution so founded, shall be, and are hereby, stayed, until twenty days after the meeting of the next General Assembly. Also, a resolution that the General Assembly, in com¬ pliance with the just demands of the people, earnestly appeal to Major-General A. H. Terry to enforce the above resolutions after their approval by the Executive of the State. Also, a resolution that the Legislature, after disposing of the business before it, adjourn until the first Wednes¬ day in July, unless sooner called together by his Excel¬ lency the Governor. And I am directed to transmit the same forthwith to the House. Mr. Warren of Quitman offered a resolution authorizing General Terry, as commander of this district, to appoint a committee of three from his staff, and empower them to send for persons and papers, administer oaths, sit in judg¬ ment, and determine the guilt or innocence of the accused parties; which resolution was read for the information of the House. Mr. Tweedy of Richmond moved to take up the message from the Senate, and concur in the resolutions accompa¬ nying the same, as a whole. 140 JOURNAL OF THE HOUSE. Pending the consideration of which motion, the House, after granting leave of absence until Tuesday next to Mr. Rice of Columbia, adjourned until Monday next, 10 o'clock a. m. Monday, May 2,1870, 10 o'clock a. M. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Fuller. On motion the calling of the roll was dispensed with. Journal of Saturday was read and approved. The House resumed the consideration of the unfinished business of Saturday, the same being the motion to take up the message received from the Senate, and concur in the resolutions accompanying the same. Upon which motion Mr. Lee of Newton called the pre¬ vious question; which call was sustained, and the main question ordered; and the yeas and nays being demanded, resulted in yeas 77, and nays 56. Those voting in the affirmative are Messrs.— Atkins, Golden, Johnson of Forsyth, Allen of Jasper, Gardner, Lee, Allen of Hart, Guilford, Lane. Bell, Hillver, Linder, Bethnne, Holcombe, Lindsey, Belcher, Houston, Madden, Barnes, Harden, Madison, Carson, Harcn, Maxwell, Campbell, Hamilton, Maull, Glower, Hughes, Moore, Claiborne, Hutchings, McCormick, Costin, Hooks, Nisbet of Dade, Colby, Harris of Glascock, Nesbitt of Gordon, Cunningham, Harrison of Hancock, O'Neal of Lowndes, Darnell, Hall of Meriwether, O'Neal of Baldwin. Davis, Hall of Glynn, Page, Ellis, Joiner, Porter, Evans, Jackson, Prudden, Franks, Johnson of Towns, Perkins of Dawson, Floyd, Johnson of Spalding, Reid, MONDAY, MAY 2, 1870. 141 Rogers, Saulter, Watkins, jRichardson, Smith of Charlton, Warren of Burke, Sewell, Smith of Muscogee, Williams of Harris, Strickland, Tweedy, Williams of Haralson, Simms, Thomason, Zellars. Stone, Turner, Those voting in the negative are Messrs.— Armstrong, Gober, Phillips, Anderson, Gray, Perkins of Cherokee, Bennett, Gullatt, Reddish, Brown, Higdon, Rainey, Barnum, " Harkness, Rosser, Ballanger, Hook, Rawles, Bryant, Humber, Rumph, Clark, Harris of Murray, Sisson, Caldwell, Harper of Sumter, Shackleford, Cloud, Harper of Terrell, Scott, Cleghorn, Harrison of Franklin, Scroggins, Cobb, Kytle, Sorrells, Duncan, Matthews, Smith of Ware, Erwin, McArthur, Tate, Fitzpatrick, Neal, Turnipseed, Felder. Nash, Vinson, Fowler, Osgood, Walthall, Fryer, Price, Welchel, Goodwin, Paulk, Warren of Quitman. Yeas 77. Nays 56. So the motion prevailed, and the resolutions concured in. Mr. Lee then moved that the same be transmitted forth¬ with to the Senate; which motion was lost. Mr. Caldwell of Troup gave notice that he would move to reconsider the action of the House in regard to said resolutions on to-morrow. On motion, the House adjourned until 10 o'clock A. M. to-morrow. 142 JOURNAL OF THE HOUSE. Tuesday, May 3, 1870, 10 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Fuller. On motion, the calling of the roll was dispensed with. Journal of yesterday was read and approved. Mr. Caldwell of Troup moved to reconsider so much of the Journal of yesterday as relates to the action of the House in adopting the motion concurring in the Senate resolutions. Mr. Simms of Chatham moved to lay said motion upon the table; upon which motion the yeas and nays were de¬ manded, and resulted in yeas 74, and nays 55. Those voting in the affirmative are Messrs.— Atkins, Holcombe, O'Neal of Lowndes, Allen of Jasper, Houston, O'Neal of Baldwin, Allen of Hart, Harden, Page, Bell, Haren, Porter, Betliune, Hamilton, Frudden, Belcher, Hughes, Perkins of Dawson, Beard, Hutchings, Reid, Barnes, Hooks, Rogers, Carson, Harrison of Hancock, Richardson, Glower, Hall of Meriwether, Sewell, Claiborne, Joiner, Strickland, Costin, Jackson, Simms, Colby, Johnson of Towns, Stone, Cunningham, Johnson of Spalding, Saulter, Darnell, Johnson of Forsyth, Smith of Charlton, Davis, Lee, Smith of Muscogee, Ellis, Lane, Tweedy, Evans, Linder, Thomason, Floyd, Madden, Turner, Fryer, Madison, Watkins, Goodwin, Maxwell, Warren of Burke, Golden, Maull, Williams of Harris, Gardner, Moore, Williams of Harralson, Guilford, McCormick, Zellars. Hillyer, Nesbit of Gordon, Those voting in the negative are Messrs.— Armstrong, Brewster, Ballanger, Anderson, Brown, Bryant, Bennett, Barnum, Bradford, TUESDAY, MAY 3, 1870. 143 Clark, Humber, Rosser, Caldwell, Harris of Murray, Pawls, Cloud, Harper of Sumter, Pumph, Cleghorn, Harper of Terrell, Sifison, Cobb, Kytle, Shumate, Duncan, Matthews, Seale, Erwin, McArthur, Shackleford, Fitzpatrick, Neal, Scott, Felder, Nash, Sorrells, Fowler, Osgood, Smith of Ware, Gray, Price, Tate, Gullatt, Paulk, Turnipseed, Higdon, Phillips, Vinson, Holden, Pepper, Walthall, Harkness, Perkins of Cherokee, Warren of Quitman. Hook, Rainey, Yeas 74. Nays 55. So the motion prevailed. Mr. Caldwell of Troup offered a protest against the action of the House in concurring in the resolutions from the Senate, as a whole, and requested that the same be spread upon the Journal. Mr. Tweedy of Richmond objected. , Mr. Lee of Newton moved that said protest be laid upon the table; upon which motion, the yeas and nays being demanded, resulted in yeas 53 and nays 67. Those voting in the affirmative are Messrs.— Atkins, Holcombe, Moore, Allen of Jasper, Houston, McCormick, Allen of Hart, Harden, Nisbet of Gordon, Bell, Haren, O'Neal of Lowndes, Bethune, Hughes, O'Neal of Baldwin, Barnes, Hutchings, Page, Campbell, Hooks, Porter, Clower, Harrison of Hancock, Perkins of Dawson, Colby, Joiner, Eeid, Cunningham, Jackson, Pogers, Darnell, Johnson of Towns, Richardson, Davis, Johnson of Spalding, Simms, Ellis, Johnson of Forsyth, Smith of Muscogee, Floyd, Lee, Tweedy, Goodwin, Lane, Thomason, Golden, Linder, Watkms, Guilford, Madden, Warren of Burke. Hillyer, Maxwell, 144 JOURNAL OF THE HOUSE. Those voting in the negative are Messrs. Anderson, Gullatt, Rainey, Belcher, Higdon, Rosser, Bennett, Harkness, Rawles, Brewster, Hook, Rumph, Brown, Humber, Strickland. Barnum, Harris of Murray, Saulter, Ballanger, Harper of Sumter, Sisson, Bryant, Harrison of Franklin, Shumate, Carson, Hall of Meriwether, Seale, Clark, Hall of Glynn, Shackleferd, Caldwell, Kytle, Scott, Cloud, Madden, Sorrells, Cleghorn, Matthews, Smith of Charlton, Cobb, Maull, Smith of Ware, Duncan, McArthur, Turner, Erwin, Nash, Tate, Fitzpatrick, Osgood, Turnipseed, Franks, Price, Vinson, Felder, Paulk, Walthall, Fowler, Phillips, Welchel, Fryer, Pepper, Warren of Quitman, Gober, Perkins of Cherokee, Williams of Haralson, Gardner, Rice, Zellars. Gray, Yeas 53. Nays 67. So the motion was lost. Mr. Caldwell then withdrew his protest for the purpose of correcting the same. Mr. Bell of Banks offered a resolution inviting Colonel E. Hulbert, Superintendent of the Brunswick & Albany Railroad, to a seat on this floor; which resolution was taken up and adopted. Mr. Fitzpatrick of Bibb offered a protest against the action of the House in concurring in the Senate resolu¬ tions, as a whole, and requested that the same be spread upon the Journal; which request was granted, and the protest is as follows : Whereas, On the recommendation of his Excellency the Governor, the Senate did, on the 29th ultimo, adopt certain TUESDAY, MAY 3, 1870. 145 resolutions to re-enact tlie Tax and Appropriation Acts of 1869; and the same having been reported to this House for concurrence, \» ere, on motion, adopted as a whole, without amendment, I, as a member of the General Assembly of the State of Georgia, do most solemnly and earnestly enter my protest against Belief, and the 22d section em¬ bodied in the Senate resolutions. James Fitzpatrick, Bepresentative from Bibb. Mr. Tweedy of Bichmond moved to take up and adopt the resolution providing for the pay of colored members their per diem for the session of 1868—33 days—and their mileage one way; and their per diem for the session of 1869—66 days—and mileage both ways, upon their ac¬ counts being audited by the Auditing Committee in accord¬ ance with the provisions of this resolution; upon which motion the yeas and nays being demanded, resulted in yeas 75 and nays 42. Those voting in the affirmative are Messrs.— Atkins, Holcombe, Neal, Allen of Jasper, Holden, Nesbitt of Gordon, Allen of Hart. Houston, Osgood, Bethune, Harden, O'Neal of Lowndes, Belcher, Haren, O'Neal of Baldwin, Barnes, Hamilton, Page, Bryant, Hughes, Price, Carson, Hutchings, Porter, Campbell, Hooks, Perkins of Dawson, Caldwell, Harrison of Hancock, Reid, Clower, Hall of Meriwether, Rice, Claiborne, Joiner, Rogers, Costin, Jackson, Richardson, Colby, Johnson of Towns, Simms, Cunningham, Johnson of Spalding, Stone, Darnell, Johnson of Forsyth, Saulter, Davis, Lee, Smith of Charlton, Ellis, Lane, Smith of Muscogee, Fitzpatrick, Linder, Tweedy, Floyd, Madden, Thomason, Goodwin, Madison, Turner, Golden, Maxwell, Tate, Gardner, Maull, Warren of Burke, Guilford, Moore, Williams of Harris, Hillyer, McCormick, Zellars. 10 146 JOURNAL OF THE HOUSE. Those voting in the negative are Messrs.— Anderson, Bell, Bennett, Brewster, Barnum, Ballanger, Clark, Cloud, Cleghorn, Cobb, Erwin, Felder, Fowler, Gray, Gullatt, Higdon, Harkness, Hook, Humber, Harris of Murray, Harper of Sumter, Hall of Glynn, Kytle, Mathews, Mc Arthur, Nash, Paulk, Phillips, Perkins of Cherokee, Rosser, Eumph, Sisson, Shumate, Seale, Shaekleford, Scott, Sorrells, Smith of "Ware, Turnipseed, Vinson, Welchel, "Warren of Quitman. Teas 75. Nays 42. So the motion prevailed. Mr. Price of Lumpkin moved to take up and adopt the resolution providing that the members elect from the counties of Miller, Irwin, Telfair, Madison and Marion be allowed to take their seats upon this floor, upon taking the oaths prescribed by law. Mr. Harper of Terrell moved to amend by striking out all of the counties except those of Irwin and Telfair; which amendment was accepted. Mr. Tweedy of Richmond raised the point of order that no members could be seated on this floor except in accord¬ ance with the act of Congress of December 22, 1869; which the Chair ruled was well taken. Mr. Price appealed from the decision of the Chair,, but afterwards withdrew the same. Mr. Lee of Newton moved to lay the whole matter upon the table for the present; which motion prevailed. Mr. Bryant of Richmond moved to adjourn until 10 o'clock a. m. to-morrow. Mr. Darnell of Pickens moved to amend by striking out 10 o'clock a. m., and inserting 3 o'clock p. m. this evening; but withdrew the same, and the vote being taken upon Mr. Bryant's motion, it was lost. TUESDAY, MAY 3, 1870. 147 The House took up the Senate resolution appointing a committee of three from the Senate, and five from the House, to investigate the charges against his Excellency Governor Bullock, and the State Treasurer, Honorable N. j, Angler, and concurred in the same. Mr. Barnum of Stewart offered a resolution providing that the House adjourn sine die, so as to give the people of the State of Georgia opportunity to select a body of their own choice, and that we ourselves draw no more pay from the date of the present session; which resolution. was taken up and laid upon the table. Mr. Price of Lumpkin offered a preamble and resolu¬ tion reciting—that whereas Governor Bullock has drawn) his warrants upon the Treasury in favor of certain per¬ sons for printing done in the Executive Department, which have been duly countersigned by the Comptroller General;: and that the State Treasurer has refused to pay said war¬ rants, because, in his opinion, they were improperly drawn. upon the printing fund—therefore, Resolved, That the Treasurer be authorized and required to pay said warrants out of any money in the Treasury pot otherwise appropriated. Mr. Anderson of Cobb moved to lay the resolution upon' the table; upon which motion the yeas and nays being demanded, resulted in yeas 41, and nays 74. Those voting in the affirmative are Messrs.— Anderson, Fryer, Pruddeu, Bennett, Gober, Perkins of Cherokee, Brewster, Gullatt, Rainey, Ballanger, Harkness,' Rosser, Bryant, Hook, Runiph, Clark, Humber, Saulter, Cloud, Harris of Murray, Sisson, Clegkorn, Kytle, Shumate, Cobb, Madison, Shackleford,. Duncan, Matthews, Scott, Erwin, McArthur, Sorrells,, Fitzpatrick, Nash, Vinson, Felder, Paulk, Welchel.. Fowler, Phillips, Y48 JOURNAL OF THE HOUSE. Those voting in the negative are Messrs.— Atkins, Hillyer, Moore, Allen of Jasper, Higdon, McCormick, . Allen of Hart, Holcombe, Nesbit of Gordon, ..Bell, Holden, O'Neal of Lowndes, Belcher, Houston, O'Neal of Baldwin, .Beard, Harden, Page, Barnes, Haren, Price, •Carson, Hamilton, Porter, Campbell, Hughes, Perkins of Dawson, Olower, Hutchings, Beid, Claiborne, Hooks, Rawles, Costin, Harrison of Hancock, Rogers, Colby, Hall of Meriwether, Richardson, Cunningham, Hall of Glynn, Strickland, Darnell, Joiner, Simms, Davis, Jackson, Stone, Ellis, Johnson of Towns, Smith of Muscogee, Evans, Johnson of Spalding, Tweedy, Franks, Johnson of Forsyth, Turner, Floyd, Lee, Turnipseed, Goodwin, Lane, Watkins, Golden, Linder, Warren of Burke, Gardner, Madden, Williams of Harris, Gray, Maxwell, Williams of Haralson. Guilford, Maull, Yeas 41. Nays 74. So the motion was lost. Mr. Price of Lumpkin then moved the adoption of the resolution. Upon which motion Mr. Shumate of Whitfield called the previous question; which call was sustained, and the main question ordered; and the vote being taken, the resolution was adopted. On motion of Mr. Br}rant of Richmond the House ad¬ journed until 10 o'clock a. m. to-morrow. WEDNESDAY, MAY 4, 1870. 149* Wednesday, May 4, 1870, 10 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment, and was opened with prayer by the Rev. Mr. Fuller. On motion, the calling of the roll was dispensed with. Journal of yesterday was read and approved. The following message was received from the Senate, through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate have adopted the following resolutions, in which they ask the concurrence of the House. A resolution requesting the Superintendent of the West¬ ern & Atlantic Railroad to discharge all members of the General Assembly employed on said road, and not to em¬ ploy any member in the future on said road; and that his Excellency the Provisional Governor and the Superin¬ tendent of said road be requested to not employ any mem¬ ber of the Legislature as counsel for said road or State, or pay any member of the Legislature for legal services rendered under any pretense whatever. Also, a resolution that no member shall receive any per diem during recess, etc. Also, a resolution that the General Assembly adjourn on Wednesday, the fourth instant, until the first Wednesday in July next. Also, a resolution explanatory of the resolution contin¬ uing in force the General Appropriation Act of 1869, until July 1, 1870. Mr. Caldwell of Troup offered a protest against the ac¬ tion of the House in adopting the motion, concurring as a whole, in the Senate resolutions re-enacting the Appro¬ priation and Tax Acts of 1869, for the year 1870, and for other purposes, which protest was withdrawn on yester¬ day, for the alteration of the same, and requested that the same be spread upon the Journal. Mr. O'Neal of Lowndes moved to strike out the second reason contained in said protest. 150 JOURNAL OF THE HOUSE. Mr. Phillips of Echols offered an amendment to the protest, which was read for the information of the House. Mr. Bryant of Richmond moved that the whole protest be entered upon the Journal. Upon which motion, Mr. Shumate of Whitfield called the previous question, which call was sustained, and the main question ordered; and the yeas and nays being demanded, resulted in yeas 57 and nays 70. Those voting in the affirmative are Messrs.— Anderson, Higdon, Perkins of Cherokee, Bennett, Harkness, Bainey, Brown, Hook, Bosser, Barnurn, Humber, Bumph, Ballanger, . Harris of Murray, Simms, Bryant, Harper of Sumter, Sisson, Clark, Harper of Terrell, Shumate. Caldwell, Hall of Glynn, Seale, Cloud, Kytle, Shackleford, Cleghorn, Matthews, Scott. Cobb, McArtkur, Sorrelis, Duncan, Neal. Smith of Ware, Erwin, Nash, Turner, Felder, Nisbet of Dade, Tate, Fowler, Osgood, • Tumipseed, Ford, Price. Vinson, Fryer, Faulk. Walthall, Gray, Phillips. Warren of Quitman. Gullatt, Pepper, Those voting in the negative are Messrs.— Atkins, Cunningham, Harden. Allen of Jasper, Darnel], Haren. Allen of Hart, Davis, Hamilton, Bell, Ellis, Hughes, Betbune, Evans. Hutchings, Belcher, Floyd, Hooks, Beard, Goodwin. Harrison of Hancock, Bradford, Gober, Hall of Meriwether, Barnes, Golden, Joiner, Carson, Gardner, Jackson, Campbell, Guilford, Johnson of Towns, Clowe rs, Hillyer, Johnson of Spalding, Costin, Holcombe, Lee, Colby, Houston. Lane. WEDNESDAY, MAY 4, 1870. 151 Binder, Lindsey, Madison, Maxwell, Moore, McCormick, Nesbit of Gordon, O'Neal of Lowndes, O'Neal of Baldwin, Bichardson, Strickland, Stone, Beid, Bice, Bogers, Porter, Perkins of Dawson, ♦ ' Page, Saulter, Smith of Charlton, Smith of Muscogee, Tweedy, Thomason, Watkins, Williams of Harris, Williams of Haralson, Zellars. Yeas 57. Nays 70. So the motion was lost. The following message was received from the Senate, through Mr. Mills, the Secretary thereof : Mr. Speaker: The Senate have rescinded their action as had on yes¬ terday in reference to the hour designated for the adjourn¬ ment of the General Assembly to-day at 12 o'clock sr., and have agreed to adjourn at 6 o'clock this p. m., until the first Wednesday in July next. In which they ask the concurrence of the House. Mr. O'Neal of Lowndes moved to take up said message, and concur in the action of the Senate accompanying the same; which motion prevailed. Mr. Hall of Meriwether moved to take up the Senate resolutions providing that no member of the General As¬ sembly be employed upon, or for the State Road, and that the members draw no pay during the recess, etc.; which motion prevailed. Mr. Hall then offered an amendment, that nothing in the foregoing resolutions shall be so construed as to pay the Foreign or Home Commissioners of Emigration; which amendment was agreed to. Mr. Tweedy of Richmond moved to concur in the reso¬ lution as amended. Mr. Bryant of Richmond offered an amendment, that nothing in the foregoing resolution shall be so construed 152 JOURNAL OF THE HOUSE. as to revise the twenty-second section of the Appropria¬ tion Act so that the Governor be allowed to draw money under said section; whifth amendment was cut off by the previous question being called and sustained upon Mr. Tweedy's motion, as also the amendment offered by Mr. Fitzpatrick of Bibb, striking out the twenty-second sec¬ tion of the Appropriation Act of 1869. The vote then being taken upon the motion concurring in the resolutions, as amended, it prevailed, and the reso¬ lutions ordered to be transmitted forthwith to the Senate. Mr. O'Neal of Lowndes moved to adjourn until 4 o'clock this afternoon; which motion was lost. Mr. Belcher of "Wilkes offered a resolution requesting Major-General Terry to restrain all judicial officers from sentencing any person or persons to what is commonly called the chain gang, or on any public works, until such time as the committee, already provided to investigate the condition and treatment of convicts, shall have made their report; which resolution was taken up, read and adopted. On motion of Mr. Anderson of Cobb the House ad¬ journed until 3 o'clock p. m. 3 o'clock p. m. The House re-assembled. Mr. Tweedy of Richmond offered a resolution that the colored members now sitting upon this floor, who were illegally expelled therefrom, are entitled to their per diem pay and mileage since 1868, and instructing the Auditing Committee to audit the accounts of the same; which reso¬ lution was taken up and laid upon the table. Mr. Smith of Charlton offered a resolution paying the chaplains of this House five dollars per day each for ser¬ vices during the session of 1870. Mr. Anderson of Cobb moved to amend by striking out five dollars per diem and inserting fifty dollars; which amendment was agreed to, and the resolution, as amended, adopted. Mr. Fitzpatrick of Bibb moved that the House adjourn sine die; which motion was lost. WEDNESDAY, MAY 4, 1870. 153 Mr. Bryant of Richmond moved that the Clerk of the House notify the Senate that the House is now ready to adjourn; which motion prevailed. The Chair announced as the committees under the Sen¬ ate resolutions providing for committees to investigate the affairs and management of the W. & A. R. R., the charges against his Excellency Governor Bullock, and the State Treasurer, N. L. Angier, and to visit the Penitentiary, as follows, to-wit: As the committee to investigate the charges against the Governor and Treasurer, Messrs. Bethune of Talbot, Shu¬ mate of Whitfield, Bell of Banks, Price of Lumpkin, and Darnell of Pickens. As the committee to investigate the affairs and manage¬ ment of the W. & A. R. R., Messrs. Lee of Newton, Parks of Gwinnett, Maxwell of Henry, Phillips of Echols, and Tweedy of Richmond. As the Committee on the Penitentiary, Messrs. Hillyer of Camden, Simms of Chatham, Rawles of Effingham, Tur¬ ner of Bibb, and McArthur of Montgomery. Mr. Tweedy of Richmond offered a resolution adding the President of the Senate and Speaker of the House to the committee appointed for the purpose of investigating the affairs and management of the Western & Atlantic Rail¬ road. On motion the House took a recess for thirty minutes. 5 o'clock p. m. The House re-assembled. Mr. Hall of Glynn offered a resolution providing that no clerks be paid except those who have actually per¬ formed the duties of such, and appointing a committee of three to examine clerks, and that those found incompetent receive no pay, and moved that the same be taken up and adopted. Mr. O'Neal of Lowndes moved to lay said resolution upon the table ; which motion prevailed. 154 JOURNAL OF THE HOUSE. The following message was received from the Senate, -through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate have adopted the following resolution: Resolved by the General Assembly, That the Governor pay no salary for a Superintendent of Public Works or clerks for the same office. The following message was received from the Senate, -through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate have concurred in the resolution of the House authorizing the State Treasurer to pay certain war¬ rants drawn by the Governor, etc., with ah amendment in which they ask the concurrence of the House. Mr. Darnell of Pickens moved to take up the message and concur in the action of the Senate. Upon which motion Mr. Tweedy of Richmond called the previous question; which call was sustained, and the main •question ordered; and the yeas and nays being demanded resulted in yeas 59 and nays 54. Those voting in the affirmative are Messrs.— Atkins, Guilford, Nesbitt of Gordon. Armstrong, Hillyer, O'Neal of Lowndes. Allen of Jasper, Houston. O'Neal of Baldwin. Bell, Harden, Porter, Bethuno, Haren, Perkins of Dawson, Belcher, Hamilton, Bawles, Beard, Hutchings, Rogers, Barnes, Harrison of Hancock, Richardson, Clower, Joiner, Simms, Costin, Jackson, Stone, Colby, Johnson of Towns, Smith of Charlton, Cunningham, Johnson of Spalding, Smith of Muscogee, Darnell, Lee. Tweedy, Davis, Linder, Thomason, Ellis, Madden, Turner, Franks, Maxwell, Watkins, Floyd, Maull, Warren of Burke, Golden. Moore, Williams of Harris. Gardner, McCormick, Zellars. 'Gray, Nisbet of Dade. WEDNESDAY, MAY 4, 1870. 155 Those voting in the negative are Messrs.— Anderson, Goodwin, Bice, Bennett, Gober, Eainey, Barnum, Higdon, Bosser, Ballanger, Holcombe, Bumph, Bryant, Humber, Strickland, Bradford, Harris of Murray, Saulter, Carson, Hall of Meriwether, Sisson, Caldwell, Hall of Glynn, Shumate, Cleghorn, Kytle, Shackleford, Claiborne, Lane, Scott, Cobb, Madison, Scroggins, Duncan, Matthews, Sorrells, Erwin, McArthur, Tate, Fitzpatrick, Neal, Vinson, Felder, Osgood, Walthall, Fowler, Phillips, Welchel, Ford, Prudden, Williams of Haralson. Fryer, Perkins of Cherokee, Yeas 59. Nays 54. So the motion prevailed. Mr. Tweedy of Richmond offered a resolution authoriz¬ ing the Speaker of the House to certify for the payment of such clerks and employees as have been engaged by the Speaker and Clerk of the House, and instructing the Audit¬ ing Committee to audit the accounts of the same, upon recommendation by the Speaker; which resolution was taken up and adopted. Mr. O'Neal of Lowndes moved to take up and concur in the Senate resolution providing that the Governor pay no salary for a Superintendent of Public Works, or clerks for the same office; which motion prevailed. The following message was received from the Senate through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate having disposed of the business before it, are now ready to adjourn, and have appointed a commit¬ tee, consisting of Messrs. Nunnally, Hinton and Hunger- 156 JOURNAL OF THE HOUSE. ford, to join a like committee on the part of the House, to wait on his Excellency the Governor and inform him that both Houses of the General Assembly are now ready to adjourn until first Wednesday in July next. The following message was received from the Senate through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate have adopted the following resolution : A resolution authorizing and requiring the State Treas¬ urer to pay certain warrants drawn by the Governor. In which they ask the concurrence of he House. The following message was received from the Senate,, through Mr. Mills, the Secretary thereof: Mr. Speaker: The Senate have concurred in the House amendment fir the Senate resolution explanatory of the resolution con¬ tinuing in force the General Appropriation Act of 1869,. until July 1, 1870. Mr. Lane of Brooks offered a resolution that the mem¬ bers of the several committees this day announced by the Chair, shall be entitled to four dollars per day, and no more, during the time they may be actually engaged in the performance of their duties—said per diem to include expenses and mileage of said committee ; which resolution was taken up and laid upon the table. The hour of six having arrived, the Chair declared the House adjourned until the first Wednesday in July next. Wednesday, July 6,1870, 12 o'clock, m. The House of Representatives met pursuant to resolu¬ tion of adjournment and was called to order by the Speaker. WEDNESDAY, JULY 6, 1870. 157 Prayer by the Eev. Mr. Clark, of the county of De- Kalb. On motion of Mr. Eitzpatrick the calling of the roll was lispensed with. Journal was read and approved. Mr. Tweedy offered the following resolution, which was taken up, read and agreed to, to-wit: Resolved by the Senate and House of Representatives in General Assembly met, That a committee of three from the. Senate and five from the House be appointed to wait upon his Excellency the Provisional Governor and notify him that the General Assembly is organized and ready to receive any communication he may desire to make. The Speaker announced the following gentlemen as con¬ stituting the committee on the part of the House, to-wit: Messrs. Tweedy, Harper of Terrell, Smith of Charlton, Eelder and Costin. The following message was received from the Senate, through Mr. Mills, their Secretary: Mr. Speaker: The Senate have adopted the following resolution: Resolved, That the Secretary of the Senate notify the House of Representatives that the Senate has organized, with a quorum present, and is ready to proceed to business. The Senate have also concurred in the resolutions of the House appointing a joint committee to wait on his Excel¬ lency the Provisional Governor and inform him that both Houses are organized and ready to receive any communi¬ cation he may desire to make; and have appointed as the committee on their part, Messrs. Speer, Burns and Hol- combe. I am directed to transmit the same forthwith to this branch of the General Assembly. On motion of Mr. Hall of Meriwether the House ad¬ journed until 12 o'clock M. to-morrow. 158 JOURNAL OF THE HOUSE. Thursday, July 7,1870, 12 o'clock m. Tlie House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Mr. Felder, of the county of Hous¬ ton. On motion of Mr. Darnell the call of the roll was dis¬ pensed with. The Journal was read and approved. Mr. Darnell offered the following resolutions; which were read, to-wit : A resolution amendatory of the miscellaneous rules of the House, Nos. 17 and 19. And a resolution adding a proviso to the 16th rule, on " Decorum and Debate." Mr. Tweedy, chairman, on the part of the House, of the joint committee appointed to inform his Excellency the Provisional Governor of the organization of both Houses of the General Assembly, and their readiness to receive any communication he might desire to make, reported the performance of the duty, and that his Excellency would communicate in writing to-day. Leave of absence was granted to Mr. McDougald, on account of important business, and to Messrs. Tate and Page because of sickness in their families. The following message was received from his Excellency the Provisional Governor through Mr. Atkinson, his Sec¬ retary, to-wit: Mr. Speaker: I am directed by his Excellency the Provisional Gov¬ ernor to deliver to the House of Representatives a com¬ munication in writing. On motion of Mr. Darnell the communication referred to was taken up and read, and is as follows, to-wit: THURSDAY, JULY 7, 1870. 159 Atlanta, July 7, 1870. To the Provisional Legislature: The same reasons which made it unadvisable to en¬ ter upon legislation, at the time of your last adjournment, still exist; but, within the last few days, the House of Rep¬ resentatives of the United States Congress has adopted a. bill for the admission of Georgia, by the terms of which your organization is expressly recognized as " legal," and your legislative action, in adopting the conditions required by the several reconstruction acts, is approved. This bill, it is believed, will be concurred in by the Sen¬ ate within a few days. Pending such action by the Sen¬ ate, I would respectfully recommend that you take a recess, until the 15th instant, or occupy the interim in the consid¬ eration of such resolutions as may be presented. Rufus B. Bullock. Mr. Scott called attention to the indefinite manner in. which the foregoing communication was addressed, and the unofficial character of the signature thereto, and, for these reasons, moved to lay the same on the table. The motion did not prevail. Mr. Duncan of Houston moved an adjournment until Monday next, 12 o'clock m. Upon this proposition the yeas and nays were de¬ manded. Those voting in the affirmative are Messrs.— Atkins, Cunningham, Joiner, Armstrong, Davis, Jackson, Allen of Jasper, Duncan, Johnson of Spalding, Allen of Hart, Floyd, Lastinger, Bell, Ford, Linder, Betkune, Golden, Lindsey, Barnes, Gardner, Matthews, Bryant, Guilford, Maull, Bradford. Holden, Moore, Carson, Houston, McCormick, Campbell, Harden, Nesbit of Gordon, Clower, Hutchings, O'Neal of Baldwin, Claiborne, Harrison of Franklin, Porter, Costin, Harrison of Hancock, Perkins of Dawson,. Colby, Hall of Meriwether, Rogers, 160 JOUENAL OF THE HOUSE. Richardson, Tweedy, Warren of Burke, Stone, Turner, Williams of Harris, Smith of Charlton, Vinson, Zellars. Smith of Muscogee, "Walthall, Those voting in the negative are Messrs.— Anderson, Goodwin, Prudden, Bennett, Gullatt, Perkins of Cherokee, Brewster, Harkness, Reid, Brown, Hooks, Rumph, Barnum, Humber, Strickland, Ballanger, Harper of Sumter, Saulter, Clark, Harper of Terrell, Shumate, Cloud, Hall of Bullock, Shackleford, Cleghorn, Johnson of Towns, Scott, Darnell, Johnson of Forsyth, Sorrells, Erwin, Lane, Thomason, Fitzpatriclc, Madison, Watkins, Franks, Nash, Wilcher, Fowler, Neal, Warren of Quitman, Fryer, Parks, Williams of Haralson, Fincannon, Pepper, Williams of Morgan. Yeas 56. Nays 48. So the motion prevailed, and the Speaker declared the House adjourned in accordance therewith. Monday, July 11, 1870, 12 o'clock m. The House met pursuant to adjournment, the Speaker in the Chair. Prayer by the Eev. Mr. Smith, of the county of Charl¬ ton. The call of the roll was, on motion, dispensed with. The Journal was read and approved. Mr. Watkins offered the following resolution; which, on motion, was taken up, read and agreed to, to-wit: MONDAY, JULY 11, 1870. 161 Resolved, That the Hon. Henry W. Hilliard be invited to a seat on the floor of this House during his stay in the city. Mr. Hall of Meriwether offered the following resolution; which, on his motion, was taken up and read, to-wit: Whereas, The Treasurer is retaining a large amount of money at three per cent, interest as a part of the Educa¬ tional Fund; And Whereas, There is no present demand for disburse¬ ment, on account of school purposes; And Whereas, The State is always constitutionally in¬ debted to the School Fund the amount received from the several sources set apart for that purpose; And Whereas, It is unwise to loan State money at three per cent., and at the same time borrow money for State purposes at a higher rate of interest; Be it resolved by the Senate and House of Representatives, That the Treasurer be, and he is hereby, authorized and directed to pay all lawful demands upon the Treasury from any funds now under his control. Mr. Lane of Brooks moved to lay the same on the table. The motion did not prevail. Mr. Lee moved that it be made the special order for to-morrow; which motion was lost. On motion of Mr. Porter the same was indefinitely post¬ poned. The following message was received from the Senate, through Mr. Mills, their Secretary: Mr. Speaker: The Senate have adopted the following joint resolution, in which they ask the concurrence of the House, to-wit: Resolved, That the Appropriation Act of 1869 be, and it is hereby, continued in full force and effect until other¬ wise ordered by the General Assembly. 11 162 JOURNAL OF THE HOUSE. On motion of Mr. Johnson of Towns, the same was taken up and read. Upon the proposition of concurring in the foregoing resolution, Mr. Scott required the yeas and nays to be re¬ corded. Those voting in the affirmative are Messrs. Atkins, Guilford, Nesbit of Gordon, Armstrong, Gullatt, O'Neal of Baldwin, Allen of Jasper, Holcombe, Page, Allen of Hart, Houston, Porter Bell, Haren, Perkins of Dawson, Bethune, Hutchings, Beid, Belcher, Hooks, Bice, Beard, Hall of Meriwether, Bogers, Barnes, Joiner, Bichardson, Campbell, Jackson, Simms, Glower, Johnson of Towns, Scroggins, Costin, Johnson of Spalding, Smith of Charlton, Colby, Lee, Smith of Muscogee, Cunningham, Lane, Tweedy, Darnell, Lastinger, Turner, Davis, Linder, Watkins, Floyd, Maull, Warren of Burke, Golden, Moore, Williams of Harris, Gardner, McCormick, Williams of Haralson. Those voting in the negative are Messrs.— Brown, Hook, Perkins of Cherokee, Barnuin, Humber, Bainey, Bradford, Harris of Murray, Bosser, Clark, Harper of Sumter, Bumph, Caldwell, Harrison of Franklin, Strickland, Cleghorn, Harrison of Hancock, Stone, Claiborne, Hall of Bulloch, Saulter, Cobb, Hall of Glynn, Sisson, Duncan, Madison, Scott, Erwin, McArthur, Smith of Ware, Felder, Neal, Turnipseed, Fowler, Nash, Vinson, Fryer, Osgood, Walthall, Fincannon, Parks, Wilcher, Gober, Paulk, Warren of Quitman, Gray, Pepper, Zellars. Yeas 57. Nays 48. So the resolution was concurred in. TUESDAY, JULY 12, 1870. 16ff Leave of absence was granted Messrs. Adkins, Saulter and Tumlin for a few days on important business; and, to Messrs. Kytle and Williams of Morgan, because of sick¬ ness in their families. Mr. Duncan of Houston offered the following resolution;; which, on motion, was taken up, read and agreed to„ to-wit: Resolved, That Mr. D. W. D. Boully, of the Hawkinsvilfe Dispatch, be invited to a seat on the floor of the House. The House then, on motion of Mr. O'Neal of Baldwin, adjourned until 10 o'clock to-morrow. Tuesday, July 12, 1870, 10 o'clock a. m. The House of Representatives met pursuant to adjourn¬ ment, the Speaker in the Chair. Prayer by the Rev. Dr. Hamilton. The call of the roll was, on motion, dispensed with. The Journal was read and approved. Mr. Hall of Meriwether moved to reconsider so much thereof as relates to the indefinite postponement of the motion authorizing the Treasurer of the State to pay legal demands against the State out of any funds now under his control. Upon this proposition Mr. Hooks of Wilkinson called the previous question; which was sustained. The main question was put, to-wit: the question of reconsidering the foregoing resolution. Upon this the yeas and nays were required to be re¬ corded. 164 JOURNAL OF THE HOUSE. Those voting in the affirmative are Messrs.— /Allen of Hart, Hooks, Prudden, Bell, Tiumber, Perkins of Dawson, Beth ane, Harris of Hurray, Beid, i Barnes, Harper of Sumter, Eainey, Barnum, Harper of Terrell, Bosser, * Clark, Harrison of Franklin, Sogers, ' Cobb, Hall of Meriwether, Bumph, Darnell, Hall of Glynn, Simms, " Duncan, Johnson of Spalding, Stone, 'Franks, Lee, Shumate, IFelder, Lastinger, Scroggins, ] Fowler, Maxwell, Smith of Charlton, /Fryer, Maull, Tweedy, •■Gober. McArthur, Turner, < Gardner, Nesbit of Gordon, Vinson, Gullatt, P&go, Watkins, Hillyer, Parks. Warren of Quitman, Holcombe, Pepper, Zellars Hughes, Porter, Those voting in the negative are Messrs.— Armstrong, , Floyd, Moore, Allen of Jasper, Fincannon. McCormick, .Belcher, Goodwin. Nash, Beard, Gray, O'Neal of Lowndes, Brown, Guilford, O'Neal of Baldwin, Ballanger, Houston. Paulk, Bradford, Haren, Perkins of Cherokee, Campbell, Hutchings, Bice, Caldwell, Hook. Bichardson, Clower, Harris of Glascock, Shackleford, f Cleghorn, Harrison of Hancock, Sisson, Costin, Hall of Bulloch, Scott, Colby, Joiner, Smith of Muscogee, Cunningham, Jackson, Turnipseed, Davis, Johnson of Towns, Warren of Burke, Ellis, Johnson of Forsyth. Williams of Harris, •Erwin, Lane. Williams of Haralson. Fitzpatrick, Linder. Teas .56 Nays 53. So the motion to reconsider prevailed. Mr. Scroggins offered the following resolution; which was taken up, read and agreed to, to-wit: TUESDAY, JULY 12, 1870. 165 Resolved, That Major U. B. Wilkinson be tendered a seat on the floor of the House during his stay in the city. On motion of Mr. Shumate the resolution reconsidered this day was taken up and referred to the Committee on Finance. Leave of absence was granted Mr. Harkness for a few days on special business. Mr. Hooks of Wilkinson offered the following resolution; which was, on motion, taken up, read and agreed to, to-wit: Resolved, That Hon. E. S. Griffin and Colonel J. H. Fitz- patrick be tendered seats on the floor of the House during their stay in the city. The Speaker announced the following standing com¬ mittees of the House, to-wit: ON FINANCE. Messrs. Hall of Meriwether, Chairman; Bell of Banks, McArthur, Page, Harrison of Franklin, Higdon, Harper of Sumter, Fowler, Cunningham, Smith of Charlton, Parks, Maxwell, Perkins of Dawson, Duncan, Rawles, Floyd,, Simms, Gober, Hooks, Tweedy and Anderson. ON JOURNALS. Messrs. Harrison of Franklin, Chairman; Perkins of Dawson, Rainev, Holden, Sewell, Watkins, Paulk, Thom- ason, Harrison of Hancock, Davis, Gray, Fryer, Pepper and Kytle. ON ENGROSSING. Messrs. Zellars, Chairman; Brown, Bennett, Goodwin,, Harkness, Hook, Hall of Bulloch, Nisbet of Dade, Allen of Jasper, Reddish, O'Neal of Baldwin, and Beard of Richmond. ON ENROLLMENT. Messrs. Carson, Chairman; Rice, Belcher, Barnum, Rosser, Anderson, Neal, Johnson of Spalding, Holcombe and Osgood. 166 JOURNAL OF THE HOUSE. Mr. Porter moved to adjourn until 12 o clock m. to mor¬ row. Mr. O'Neal of Baldwin until 10 a. m. to-morrow. Mr. Turner until Friday, the 15th instant, 12 o clock m. The motions of Messrs. Porter and Turner were lost. That of Mr. O'Neal of Baldwin prevailed; and the Speaker declared the House adjourned until 10 o'clock a. m. to-morrow, in accordance therewith. Wednesday, July 13,1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the Chair. Prayer by the Rev. Mr. Cloud, of the county of Clay¬ ton. On motion of Mr. Parks the call of the roll was dis¬ pensed with. The Journal was read and approved. Mr. Armstrong offered a resolution tendering a seat on the floor of this House to the Rev. Dr. Wills, during his stay in the city. The same was, on motion, taken up, read, and agreed to. The House took up, as the first business in order, a res¬ olution directing the Treasurer to pay out of any money in the Treasury, not otherwise appropriated, the scrip or warrants issued to members of the Constitutional Con¬ vention of 1867-8, with interest from the date of issue. Referred, on motion of Mr. Cleghorn, to the Committee on Finance. The resolution to amend Miscellaneous Rules of the House, numbers 17 and 19, came up in its regular order, and was withdrawn by the mover, Mr. Darnell, with the consent of the House. A resolution to add a proviso to Rule No. 16, on Deco¬ rum and Debate, was taken up in its order and, on mo¬ tion of Mr. Duncan, laid on the table. WEDNESDAY, JULY 13, 1870. 167 Mr. Johnson of Spalding offered a resolution tendering a seat on the floor of the House to General Krzyzanowski, during his stay in the city, which was, on motion, taken up, read, and agreed to. Leave of absence for a few days was granted Messrs. Hamilton, Harper of Terrell, Price of Lumpkin, and Hous¬ ton. Mr. Bethune offered the following resolution, which was taken up and read, to-wit: Whereas, It is probable that the Congress of the United States will adjourn on the 15th instant; And Whereas, It is hoped and believed that our status will be determined by the passage of an act admitting the State to representation in Congress before said ad¬ journment ; And Whereas, In the event of the adjournment of Con¬ gress without admitting this State to representation, it is desirable that we should proceed to enact legislation ne¬ cessary for the interests of the State and in pursuance of the new Constitution ratified by the people ; Now, therefore, be it Resolved by the Senate and House of Representatives, That a committee of three from the Senate and five from the House be appointed to confer with his Excellency the Provisional Governor and the General commanding this district under the reconstruction acts, and after consider¬ ing the whole subject, make a report and recommenda¬ tion to the General Assembly at 12 o'clock m., on Monday, the 18th instant. Pending discussion on the foregoing resolution, Mr. O'Neal of Lowndes moved an adjournment until Friday, the 15th instant, 10 o'clock a. m. This motion was lost. Mr. Scott offered the following resolution, to-wit: Resolved, That, the Senate concurring, we do now adjourn until the first Wednesday in August: Provided, That mem¬ bers shall not be entitled to per diem during the interim. 168 JOURNAL OF THE HOUSE. This resolution, on motion of Mr. Darnell, was laid on the table. A motion was then made to adjourn until 12 o clock M. to-morrow, which was lost, and the House, on motion of Mr. Fitzpatrick, adjourned until 10 o'clock a. m. to-morrow. Thursday, July 14,1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the Chair. Prayer by the Rev. Mr. Felder, of the county of Hous¬ ton. On motion of Mr. Darnell the calling of the roll was dispensed with. Mr. Hall of Meriwether offered a resolution tendering a seat on this floor to Colonel Randolph L. Mott, during his stay in the city. The same was taken up, read and agreed to. The resolution pending at the adjournment on yester¬ day was taken up and, on motion of Mr. Shumate, laid on on the table. The rule was suspended for the call of the counties for the introduction of new matter. The Clerk proceeded therewith, and the following bills and resolutions were introduced and read the first time, to-wit: By Mr. Fitzpatrick— A bill to add an additional section to the Penal Code of this State. Also, a bill to change the method of enforcing liens from the steamboat method to the method of enforcing mort¬ gages on personal property. Also, a bill fixing compensation of the scrivenor in making records in cases of felonies tried in the courts of this State. By Mr. Cleghorn— THURSDAY, JULY 14, 1870. 169 A bill to incorporate " The North Georgia & Tennessee Railroad Company; to grant certain powers and privileges to the same, and for other purposes." By Mr. Anderson— A resolution to inquire into the present status of the State Printing. By Mr. Porter— A bill to repeal the 4736th section of Irwin's Code. Also, a bill to levy and collect a tax for the support of government for the year 1870. Also, a bill to authorize the Governor to organize and equip volunteer companies. Pending the reading of this last mentioned bill, Mr. Shumate rose to a point of order, assuming that the same was in direct conflict with the law of the United States, and therefore out of order. The point of order was sustained by the Speaker, and the mover permitted to withdraw the bill. By Mr. Simms— A bill to amend an act entitled " an act for the more efficient preservation of peace and good order on election days in this State." Also, a bill to repeal an act prohibiting the sale and purchase of agricultural products in the counties of Lowndes and Macon. By Mr. Osgood— A bill to incorporate The People's Savings Bank & Trust Company. Also, a bill to make appropriations for leveling breast¬ works, etc., around the city of Savannah. By Mr. McDougald— A bill to incorporate the North & South Railroad Com¬ pany of Georgia, from Rome to Columbus Georgia; to* grant certain powers and privileges to the same, and for other purposes. By Mr. Fowler— A bill to incorporate the Ringgold resolution already adopted, by which this privilege is ex¬ tended to members of the press. So no further action was taken on the resolutions men¬ tioned. Mr. Harrison of Hancock offered the following resolu¬ tion, to-wit: Resolved, That the daily sessions of this body shall con¬ vene at 10 A. m. and adjourn at 1 p. m. Mr. Bice moved to lay the resolution on the table. Upon this motion a division was called, resulting in 48 yeas and 27 nays. The Speaker pro tem. declared the motion to lay on the table carried. Mr. Darnell rose to a point of order, calling attention to the fact that a quorum had not voted on the question. Mr. Shumate rose to a point of order, assuming that the objections of Mr. Darnell were too late, the decision hav¬ ing been previously announced by the Speaker. The Speaker ruled that the point of order of Mr. Shu¬ mate was well taken. The following message was received from the Senate, through Mr. Mills, their Secretary : Mr. Speaker: The Senate have adopted a resolution expressive of the respect of the General Assembly for the memory of the Hon. Joseph Adkins. On motion of Mr. Shumate the session of this day was extended to half-past 1 o'clock p. $i. The fbllowing message was received from his Excellency the Provisional Governor, through Mr. Atkinson, his Sec¬ retary, to-wit: 180 JOURNAL OF THE HOUSE. Mr. Speaker: I am directed by his Excellency the Provisional Gov- pernor to deliver to the House of Representatives a com- uiunication in writing. The call of the counties for the introduction of new mat¬ ter was resumed, when the following bills and resolutions' were introduced and read the first time, to-wit: By Mr. Bethune— A bill to authorize the Trustees of the Le Yert College • to convey the same to the South Georgia Conference. Also, a bill to incorporate " Protection Hook and Lad- • der Company, No. 1," of Talbotton. By Mr. Wilcher— A bill to incorporate the town of Butler, in the county ^of Taylor. By Mr. Carson— A bill to amend an act entitled " an act to prohibit the sale and purchase of agricultural products in the counties of Lowndes and Macon." By Mr. Guilford— A bill to authorize the Governor of this State to organ¬ ize and equip volunteer companies. By Mr. Hooks of Wilkinson— A bill to authorize the Central Railroad and Banking . Company, of Georgia, to straighten its line of road, and for other purposes. By Mr. Belcher— A resolution to instruct the Judiciary Committee to report to the House what legislation is necessary to pre¬ vent county magistrates from exercising jurisdiction in cases of felony. By Mr. Fitzpatrick— A bill to provide for levying a tax upon the property of the Central Railroad & Banking Company, in the county of Bibb, for county purposes. Also, a bill to annul and declare void the sale of the court-house and other public property in the county of Bibb. By Mr. Shumate— MONDAY, JULY 18, 1870. 181 A bill to facilitate the carrying cases to the Supreme Court, and for other purposes therein mentioned. Also, a bill to carry into effect the true intent and mean¬ ing of the third paragraph of the third section of the fifth Article of the Constitution of this State, so far as the same relates to the filing and defense on oath in all civil cases founded on contract. Also, a bill to authorize the Ordinaries and Road Com¬ missioners of the several counties to classify the public roads. By Mr. Rosser— A bill to change the county line between the counties of Stewart and Webster. Also, a bill to incorporate the Americus & Florence Railroad Company, and for other purposes. By Mr. Neal— A bill to annex the county of Hancock to the Ocmulgee, and the county of Glhscock to the Middle Circuit. On motion of Mr. Duncan the session of to-day was extended to 2 o'clock p. m. Mr. Hall, chairman of the Finance Committee, made the following report: Mr. Speaker: The Committee on Finance have had under considera¬ tion the resolution authorizing and directing the Treasurer to pay all lawful demands upon the Treasury from any funds now under his control, and recommend the adoption of the accompanying resolution in lieu of the orignal. W. H. F. Hall, Chairman Finance Coynmittee. On motion of Mr. Harper of Terrell the communication from his Excellency the Provisional Governor was taken up and read, and is as follows, to-wit: Atlanta, Ga., July 18, 1870. To the General Assembly: Gentlemen—Unofficial information has been received, announcing the passage by Congress, and the approval by 182 JOURNAL OF THE HOUSE. the President, of an act to admit Georgia to representa¬ tion in Congress. An official copy of the act will doubt¬ less be received from the Secretary of State of the United States within a few days. The act having been adopted during the last hours of the session, Congress adjourned without having admitted Senators or Representatives. By section five of the reconstruction act of March 2, 1867, " the actual admission of Senators and Representa¬ tives is made a condition precedent to the abrogation of military authority;" and, unless otherwise ordered by the President, the military status will continue until the admis¬ sion of Senators and Representatives, which will, without doubt, take place upon the re-assembling of Congress in December next. But I am informed that the General commanding will make no objection to the General Assem¬ bly proceeding with legislation. Rufus B. Bullock. Mr. Madden moved a suspension of the rules for the purpose of taking up the report of the Finance Commit¬ tee on the resolution authorizing the Treasurer to pay all legal demands upon the Treasury out of any funds now under his control. The motion was lost. Mr. Betliune, from the committee appointed to investi¬ gate charges against the Governor and Treasurer of the State, submitted a report with the request that for the present it lie on the table. Mr. Shumate, from the same committee, gave notice that he would also submit a report. Leave of absence was granted Mr. Wilcher on account of sickness, and to Mr. Duncan, after to-morrow, on special business. On motion of Mr. Rainey the House adjourned until 10 o'clock a. m. to-morrow. TUESDAY, JULY 19, 1870. 183 Tuesday, July 19,1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Mr. Crumley. The call of the roll was, on motion, dispensed with. The Journal was read and approved. Mr. Anderson moved to reconsider so much thereof as relates to the rejection of the resolution tendering a seat on the floor of this House to Colonel W. B. Gaulden, of the county of Liberty, during his stay in the city. The motion to reconsider prevailed, and the resolution was taken up and adopted. The following bills, introduced yesterday, the reading of which was prevented by the adjournment, were taken up as unfinished business, and read the first time, to-wit: By Mr. "Williams of Morgan— A bill to create a standard weight for cotton seed. A bill to incorporate the town of Rutledge, and for other purposes. A bill providing for the sale of certain bonds of the State. By Mr. Goodwin— A bill to alter, amend and add to the several acts incor¬ porating the town of Cartersville, and to make valid cer¬ tain acts of the officers of said town. By Mr. Sisson— A bill to amend and declare the laws of homesteads and exemptions. By Mr. Perkins of Cherokee— A bill to allow William H. Howard to peddle without paying license therefor. By Mr. Johnson of Towns— A resolution instructing the Messenger to clear the hall of all persons not entitled to seats herein. By Mr. Perkins of Cherokee— A bill to change the line between the counties of Chero¬ kee and Pickens. By Mr. Gober— 184 JOURNAL OF THE HOUSE. A bill to compel the owners of stock to prevent the same from running at large in Cobb county. By Mr. Johnson of Towns— A bill to prohibit persons from grazing stock in the county of Towns who are non-residents of this State. By Mr. Pepper— A bill to change the lines between the counties of Ran¬ dolph and Calhoun. Also, a bill to allow the collector of taxes for the county of Calhoun to turn over taxes collected by him to the Or¬ dinary of said county. By Mr. Davis— A bill for the relief of Mrs. H. S. Camak, of the county of Clark. By Mr. Scott of Floyd— A bill to authorize the Mayor and Council of the city of Borne to issue bonds and borrow money for purposes, therein specified. By Mr. O'Neal of Baldwin— A bill for the better securing and enforcing the payment, of wages or compensation due to agricultural laborers. By Mr. O'Neal of Lowndes— A bill to enforce and prohibit the further violation of section 29, article 1, of the Constitution of the State of Georgia. By Mr. Osgood— A bill to relieve the members of the " Screven Hose Com- pan}r," of Savannah, from jury and militia duty, etc. Also, a bill to incorporate " The Forest City Mutual Loan Association," of Savannah. Mr. Scott called attention to the fact that, under the Constitution of Georgia, the General Assembly has no- jurisdiction of the subject-matter embraced in the last bill mentioned. The Speaker suspended a decision on the same, for the purpose of its examination. By Mr. Tumlin— A bill to extend the corporate limits of the city of Bain- bridge, and for other purposes therein mentioned. TUESDAY, JULY 19, 1870. 185 Also, a bill to incorporate the Cuthbert Banking, Loan and Trust Company. By Mr. Lane of Brooks— A bill to relieve certain property from tax fi.fas. Also, a bill to make penal the delivery and reception of agricultural products, after night, in the county of Brooks, under sale, barter or otherwise, and for other purposes. Also, a bill to authorize James O. Morton and Isaiah H. Tillman, executors of the last will and testament of Mat¬ thew Young, to settle with and deliver to Silas M. Young (a minor) his entire interest under said will, and for other purposes. By Mr. Joiner— A bill to forfeit the franchises of Nelson Tift, and others, to erect a toll-bridge, or ferry, at or near Albany, in the county of Dougherty, and to authorize said county, or others, to erect free bridges, or ferries, on the Flint River in said county. By Mr. Floyd— A bill to change the times of holding the Superior Courts of Morgan county. By Mr. Caldwell— A bill to amend the charter of the city of La Grange, and to confer additional powers upon the Mayor and Council of said city. By Mr. Cloud— A bill to make it a misdemeanor to purchase from ten¬ ants undivided crops without the consent of landlords. By Mr. "Williams of Morgan— A bill for the relief of Lester Markham, and for other purposes. By Mr. Saulter— A bill to incorporate the Pulaski Manufacturing Com¬ pany of Hawkinsville, Georgia. By Mr. Fitzpatrick— A bill authorizing Owen Roach to peddle without pay¬ ing tax therefor. By Mr. Hillyer— 186 JOURNAL OF THE HOUSE. A bill to establish a uniform system of common schools in this State. By Mr. Maxwell— A bill to enable John J. Dickey, of the county of Henry, to peddle without license in this State. Mr. Madden moved to take up for action the report of the Finance Committee made to the House on yesterday. The motion did not prevail. Mr. Bice moved a suspension of the rules for the intro¬ duction of a resolution construing paragraph 5, section 4, of the Constitution of the State relative to the reading of bills. The motion did not prevail. Mr. Lee, from the committee appointed to investigate and report in regard to the management of the Western & Atlantic Railroad, submitted a majority report, with the request that for the present it lie on the table. Mr. Phillips, from the same committee, gave notice that he would submit a minority report. Mr. Brown offered the following resolution, which was taken up, read and agreed to, to-wit: Whereas, A mysterious dispensation of Divine Provi¬ dence has permitted to be taken from our midst the Hon. Robert W. Flournoy, Representative from the county of Washington; Be it therefore— 7li'solrcd, That the House of Representatives of the State of Georgia set apart Friday, the 22d instant, at 11 o'clock, for the delivery of eulogies upon our deceased friend. Mr. Fowler offered a resolution relative to the School Fund of this State, which was taken up, read, and, on motion of Mr. Bell of Banks, referred to the Committee on Finance. Leave of absence was granted Mr. Scott for a few days on account of special business, and to Mr. Felder because of sickness in his family. WEDNESDAY, JULY 20, 1870. 187 On motion of Mr. Simms the rule was supended for the purpose of taking up the Senate resolution of respect to the memory df the Hon. Joseph Adkins, deceased. The same was concurred in, and the House, on motion of Mr. Simms, adjourned until 10 o'clock A. m. to-morrow. Wednesday, July 20,1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Mr. Crumley. The call of the roll was, on motion, dispensed with. The Journal was read and approved. Mr. Price of Lumpkin offered the following resolution, which was taken up, read, and adopted : Beeolved, That a seat on the floor of this House be ten¬ dered the Rev. Hermann Bokum, late Commissioner of Im¬ migration for the State of Tennessee, but now a resident of the city of Atlanta. Mr. Phillips, from the committee appointed to investi¬ gate the affairs and management of the Western & Atlantic Railroad, offered a minority report, with the request that, for the present, it lie on the table. Mr. Hall of Meriwether, chairman of the Einance Com¬ mittee, made the following report, to-wit: Mr. Speaker: The Committee on Finance have had under considera¬ tion the resolutions requiring the Comptroller General to ascertain, as soon as practicable, the definite amount consti¬ tutionally due the Educational Fund, and requiring the same to be deposited according to the direction of the Gov¬ ernor and to the best interest of said fund, until it shall be needed, which they recommend be adopted. • W. H. F. Hall, Chairman Finance Committee. 188 JOURNAL OF THE HOUSE, On motion of Mr. Hall of Meriwether the resolution re¬ ferred to in the foregoing report was taken up and read, to-wit: Whereas, One hundred and seventy-five thousand dol¬ lars of the State's money has been for some time on de¬ posit, at the rate of three per centum per annum, under the idea that this, or a larger amount, is due the Educa¬ tional Fnnd; And Whereas, The Governor has not been consulted as to the terms and place of said deposit, as the law pre¬ scribes in reference to the Educational Fund; And Whereas, The definite amount due the Educational Fund has not been ascertained : Resolved by the House of Representatives, the Senate concur¬ ring, That the Comptroller General be, and he is hereby, required to ascertain, as soon as practicable, the definite amount constitutionally due the Educational Fund, and report the same to the Governor. 2. Resolved, That when such amount shall be ascer¬ tained, that said amount so found to be due said fund be separated from any money that may then be in the treas¬ ury ; or, if an insufficient amount shall then be in the treas¬ ury, such amount shall be taken from any money that may come into the treasury from taxation, or from any other source, as will make the whole amount .due the said Edu¬ cational Fund. 3. Resolved, That this amount, when ascertained and set apart as hereinbefore provided, and all other amounts which may hereafter be set apart as Educational Fund, be deposited, under the direction of the Governor, to the best advantago and for the benefit of the Educational Fund, until such fund shall bo required for school purposes, ac¬ cording to law; and that the Treasurer be, and he is hereby, required to conform to the law prescribing the deposit of the said fund. Pending a motion for the adoption of the foregoing res¬ olutions, the Speaker informed the House that a commu- WEDNESDAY, JULY 20, 1870. 189 mication of the State Treasurer was on his desk, accompa¬ nied by a request that it be submitted to the House. Mr. Williams of Morgan moved that the communication •of the Treasurer be read. Upon this motion the yeas and nays were required by Mr. Hillyer to be recorded. Those voting in the affirmative are Messrs.— Armstrong, Gullatt, Phillips, Anderson, Higdon, Pepper, Allen of Hart. Harden, Prudden, Bennett, Harkness, Perkins of Cherokee, Brewster, Hughes, Reddish, Brown, Hook, Rainey, Ballanger, Humber, Rosser, Bryant, Harris of Murray, Rawles, Bradford, Harper of Sumter, Rumph, Carpenter, Harper of Terrell, Strickland, •Clark, Harrison of Franklin, Stone, Caldwell, Hall of Bulloch, Sisson, Cloud, Hall of Glynn, Shumate, Cleghorn, Lee, Seale, Cobb, Lane, Smith of Ware, Erwin, Lastinger, Thomason, Evans, Madison, Turner, Fitzpatrick, Matthews, Tumlin, Fowler, Maxwell, Turnipseed, Ford, McArthur, Vinson, Fryer, Nash, Welchel, Fincannon, Osgood, Warren of Quitman, Goodwin, Parks, Williams of Morgan, Gober, Price, Zellars. •Gray, Paulk, Those voting in the negative are Messrs.— . Allen of Jasper, Ellis, Hooks, Bell, Franks, Harrison of Hancock, Bethune, Floyd, Hall of Meriwether, Barnes, Golden, Joiner, ■ Campbell, Gardner, Jackson, • Clowers, Guilford, Johnson of Towns, Costin, Hillyer, Johnson of Spalding, Colby, Holcombe, Johnson of Forsyth, Cunningham, Houston, Linder, Darnell, Haren, Lindsey, Davis, Hutchings, Madden, 190 jOuenal of the house. Nesbit of Gordon. O'Neal of Lowndes, O'Neal of Baldwin, Maull, Moore, Neal, Porter, Perkins of Dawson, Eeid, Kogers, Ilichardson, Simms, Saulter, Shackleford, Smith of Muscogee, Tweedy, Warren of Burke, Williams of Haralson. Yeas 74. Nays 51. Mr. O'Neal of Lowndes rose to a point of order, assum¬ ing that said communication was in the nature of new matter, requiring a suspension of the rules by a vote of three-fourths, and referred, in support of his position, to Miscellaneous Eule of the House, No. 17. The point of order of Mr. O'Neal was sustained, and the motion, not having received a vote of three-fourths of the members present, was declared lost. On motion of Mr. O'Neal of Lowndes the resolutions under consideration were re-committed, together with the Treasurer's communication, to the Finance Committee. On motion of Mr. Costin it w^is determined that when the House adjourn this day, it adjourn until 10 o'clock a. m. Friday, the 22d instant. Mr. Hillyer, from the committee charged with the duty of investigating the condition of the Georgia Penitentiary, presented a report, which, on motion, was taken up and read, and is as follows, to-wit : To the Senate and House of Representatives of Georgia : We have the honor to submit the following report and accompanying testimony, made and taken in pursuance of a resolution passed at the last session of the General Assembly, to-wit: "5. Resolved, That a similar joint committee be ap¬ pointed, whose duty it shall be to visit the Penitentiary, and the different places where the convicts are employed, and make a thorough examination into the condition and manner of the treatment of said convicts, and render a full report to the General Assembly on its re-assembling. WEDNESDAY, JULY 20, 1870. 191 " 6. Resolved, That each of said committees be author¬ ized to employ a clerk fully competent to discharge the duties, and that each of said committees be authorized to send for persons and papers, and administer oaths."' The committee, preparatory to entering iipon its duties, held a meeting in the city of Atlanta, upon the adjourn¬ ment of the last session of the Legislature, and elected Mr. John J. Newton clerk of the committee, and then ad¬ journed, to meet in Milledgeville, Georgia, on May 20. In pursuance of said adjournment, the committee met, and on the 21st of May proceeded to take testimony. Mr. John Darnell, the Principal Keeper, was first inter¬ rogated, who made several charges against the lessees, Messrs. Grant, Alexander & Co., of cruel treatment to the convicts in divers ways. The Principal Keeper seemed to know but little of the management and treatment of the convicts of his own knowledge, he having spent nearly all his time in Mil¬ ledgeville, where there are but . few of the convicts kept, nearly the entire number being employed on the Macon & Augusta and Air-Line Railroads. After taking the testimony of a large number of wit¬ nesses in and around Milledgeville, and visiting the stock¬ ades and places of work on the Macon & Augusta Railroad, where a large number of the convicts are employed, under the immediate charge of Mr. William D. Grant, one of the lessees, the committee adjourned to Atlanta, and here took a large amount of testimony, and from here visited the Air-Line Railroad, where the balance of the convicts are engaged, under the immediate supervision of Thomas Alex¬ ander, one of the lessees. The committee went among the prisoners, and conversed freely with them upon their treatment generally, and in¬ spected their clothing, rations, hospital accommodations and diet, and the places provided for their security and rest at night. Every effort was made to gather all the information that the committee could reasonably obtain. 192 JOURNAL OF THE HOUSE. In taking testimony, every person was allowed to come before the committee that wished to give evidence, except the convicts themselves, and with them conversations were freely held, as before stated. Many of the witnesses were discharged convicts. It is due to the lessees here to state, that they were pre¬ vented from confronting the witnesses. This probably is the cause of but very little or no rebutting testimony being taken. The lessees themselves stating that their exclusion from the presence of the witnesses would prevent any effort on their part to refute statements made against them. This course was adopted by the committee to prevent intimidation of the witnesses that were expected to come before it; and considering, too, their investigation one more of inquiry than trial. The committee also investigated, from general rumor, some charges of conversion of public property by former officers of the Penitentiary, and find that a lot of iron was taken from the Penitentiary and sold by O. H. Walton, former Principal Keeper, for the sum of nine hundred dol¬ lars, of which only five hundred dollars has been returned to the State. Also, other articles of property, taken and now being used by parties, and no amount paid to the State for the same. Also, in the purchase and sale of other articles, we find larger prices charged the State than the articles cost, and smaller prices charged for articles sold, especially to officers of the Penitentiary, than the cost of said articles to the State : for the full particulars of which we respectfully refer you to the accompanying testimony. The testimony is extensive and conflicting, and much of it is, and should be, considered with much allowance, as there are many reasons why imaginations are so often construed, encouraged, and cultivated, until they seem to become facts ; and especially in cases like theirs, when it is so easy for passion, interest, malice, and revenge to creep in, with all their biasing influences, upon the judg¬ ment and action of man. The committee, however, after considering the matter WEDNESDAY, JULY, 20, 1870. in all its phases, think they are sustained in reporting as- follows: That the general condition of the prisoners is good.- Their personal appearance supports, very strongly,, this conclusion. Their clothing is comfortable, with sufficient changes. Their food is of a good, wholesome quality, with a fair variety, and abundantly dealt to them. Of their medical treatment the committee had but little means of adjudging; though, from what information we derived, we are of the opinion that it may answer the pur¬ pose. The stockades or quarters are, in the opinion of the committee, too small for the number of prisoners usually required to sleep in them, especially in warm weather. The hours allowed them for sleep are, in some cases, insufficient during the short nights. The calling of the cooks from among those that labor hard, at a very early hour in the morning, necessarily arouses all the balance. And the committee could hardly escape conscientious rep¬ rimand, not to mention and endeavor to correct some prac¬ tices that are had by the lessees, and others tolerated among the convicts on the Sabbath. Those that are had by tlie lessees are different kinds of labor that the convicts are hired to do oh the Sabbath day,- Those that are tolerated and practiced among the convicts ■ are numerous immoral modes of passing off the Sabbath- day, such as playing cards, dice, and other like games. And whilst we admit that moral, religious teachings in; prisons seem to have had little or no good effect upon the prisoners, at least such is information upon "Prison Moral; Keform," that we regret to see that there has been no pro¬ vision to have proper religious instruction given to the prisoners in their charge. There have been a few visits and sermons made to them by ministers located near the places where the convicts were kept, but this is very irregular and seldom. The mode of punishment adopted by the lessees is whipping with a leather paddle and strap, mostly upon 13 194 JOUKNAL OF THE HOUSE. the naked person. This mode was established years ago by the rules of the Penitentiary, and transmitted, by infer¬ ence, to the present lessees. Great complaints of abuse of this authority have been made against overseers employed by Messrs. Grant, Alex¬ ander & Co. Much evidence has been adduced on this subject, and, if true, certainly should be corrected. But how to correct a complained of evil of this character is a difficulty that no one can fully appreciate until it has been more than ordinarily studied. The one whipped, burning under the sting of the lash, and provoked to feelings of revenge, is hardly competent to fully judge and describe the punishment. Neither arn those situated where they are subjected to the same treat¬ ment. Only by a well-balanced judgment and temper can this punishment be properly administered. And so by all the other modes of punishment resorted to for prison dis¬ cipline. Volumes might, and, perhaps, much more-should be written than we have time and space to write on the subject of prison discipline among criminal convicts; it is a grave as well as a great question to avoid extremes. While inhumanity should be prohibited on the one hand, any discipline in the other direction which would give im¬ portance to criminals and dignity to crime should be avoided. Crime must meet its reward, or we have no safety. In Connecticut, Indiana, Kentucky, Maine, Michigan and Missouri, the lash is used, with other punishment, to enforce good order and discipline. In Massachusetts, New Hampshire, Ohio, Pennsylvania, Khode Island, Ver¬ mont, Wisconsin and New York, the lash is discarded, and other punishment resorted to. In New York three modes of punishment, not elsewhere employed, are practiced, viz: the shower bath, the crucifix, and bucking. Shaving the head, so common in former times, is still occasionally re¬ sorted to in the Missouri State Penitentiary, and in the Sing-Sing prison in New York; in the latter, it is said, only in case of riot. The committee are of the opinion, however, that there WEDNESDAY, JULY 20, 1870. 195 has been cruel punishment inflicted upon some prisoners by men employed as overseers. And in some instances prisoners have been required to do more labor than *hey could physically endure, by overseers insufficiently expe¬ rienced to properly estimate a man's physical ability. The committee are pleased that nearly all these cases of cruelty complained of occurred several months ago, when the present system was new, and the proper management yet to be learned. At this time there seems to be a great improvement upon the management and treatment of the prisoners. And we hope that, for the future, at least until the expiration of the contract with Grant, Alexander A Co., by a proper discharge of the duties of the Principal Keeper of the Penitentiary, that much of the irregularities heretofore complained of will be obviated. The Principal Keeper complains of a want of means to obtain proper and correct information of the number of convicts and length of sentences; says that the convicts are carried directly to the railroads upon which they are employed, with the exemplification papers from the coun¬ ties from which they are sent, and that it occasionally occurs that he does not get these papers for some consid¬ erable time afterwards, and may, in some instances, never get them, all of which, we think, can be remedied by the Principal Keeper requiring the lessees to furnish him im¬ mediately upon the arrival of a convict, with the exempli¬ fication papers, and to require the lessees to make to him a monthly report, giving the names of all convicts then in their employ, and the names of all those that died, or were discharged, or escaped, during the month. The committee found a discrepancy in the report of the Principal Keeper, and the reports of the lessees, of the number of convicts now on hand. The Principal Keep¬ er's book showed four hundred and ninety-six (496,) while the lessees only report three hundred and eighty (380) convicts, in detail, as follows: 196 JOUKNAL OF THE HOUSE. White males White females . Colored males ., Colored females 59 1 304 16 Total, June 4, 1870 380 This number is almost daily changing, by new convicts coming in, by discharges, deaths, escapes, etc. The hours of labor that the convicts are required to per¬ form are stipulated in the contract by the State and the lessees, as follows: From November to April, ten hours; and from April to November, twelve hours. The lessees construe this to mean the whole number of hours here stated shall be con¬ sumed in actual labor by the convicts; the time of going to and from the places of labor is not considered as a por¬ tion of the specified time. The prisoners are required to wash their persons, and put on clean clothes every Sunday morning. But little attention seems to be paid to their personal cleanliness at any other time. The prisoners complain of a want of water facilities in the stockades; say the}T seldom have an opportunity to wash their hands and faces in the morning. The committee, having thus given a synopsis of its do¬ ing and findings, would most respectfully recommend to the General Assembly the adoption of a resolution direct¬ ing his Excellency the Governor to instruct the Principal Keeper of the Penitentiary to require of the lessees prompt transmittals to him of all exemplification papers of con¬ victs, as they are' received by them; also, to make to him monthly reports, stating the names of all convicts in their charge; the names of all convicts who died, escaped, or were pardoned, or discharged during the past month; also, to instruct the Principal Keeper to visit places occasionally where the convicts are kept, and to inspect the prisoners and verify these monthly reports, and to require the les¬ sees to abate the cause of complaint referred to in this report, as follows: That all labor on the Sabbath day, by the convicts, ex- WEDNESDAY, JULY 20, 1870. 197 cept such as is absolutely necessary, shall be forbidden and prevented; that all gaming at cards and dice, and other immoral practices, on the Sabbath, shall be pre¬ vented ; and that no convict shall, in any instance, receive more than twenty-five lashes, and only that number in presence of the lessees, and not more than ten lashes shall be inflected upon a convict by any overseer, especially authorized to inflict whipping by the lessees, in the absence of the lessees; and that no convict shall be whipped twice for the same offense, nor twice on the same day. The whipping of females upon their naked person shall be prohibited; and the hours of labor shall be consid¬ ered from the time the prisoners are ordered out to work in the morning to the time they return to the stockade or quarters, deducting the time allowed them for noon. Also, that the Governor cause the Attorney-General to review the testimony, herewith submitted, in reference to the pro¬ perty there referred to, and if thought necessary, by the Attorney-General, that he shall be required to bring suit for the same. Also, that the Governor be instructed to require the performance of religious service to the convicts every Sabbath day; and that all facilities for this purpose shall be given by the lessees, consistent with the safe keeping and discipline of the prisoners. And this committee feel that the}r will not have done their duty to close this report without mentioning the fact that every facility was offered and given them, by the les¬ sees and the Principal Keeper, to aid them in the dis¬ charge of their duties, and that we cheerfully extend to Messrs. Grant, Alexander A Co., and Mr. John Darnell, our sincere thanks for the many kindnesses extended to us. All of which is most respectfully submitted for your honorable consideration. Thomas J. Speek, Chairman; George Wallace, M. A. Candler, Senate Committee. Virgil Hillyer, Morgan Rawles, J. M. Simms, J- J- McArthur, H. M. Turner, House Committee. Attest: J. J. Newton, Clerk. 198 JOURNAL OF THE HOUSE. On motion of Mr. Bryant the Report on the Peniten¬ tiary was made the special order for Wednesday next, 10 o'clock A. M. Mr. Williams of Morgan moved to suspend the rules for the purpose of taking up, for a second reading, a bill to provide for the sale of certain bonds. The motion did not prevail. On motion of Mr. Shumate the rules were suspended, when the following bill was taken up, read a second time, and referred to a special committee of three—consisting of Messrs. O'Neal of Lowndes, Goodwin and Ford—to-wit: "A bill to alter, amend, and add to the several acts in¬ corporating the town of Cartersville, and to make valid certain acts of the officers of said town." The call of the counties for the introduction of new matter being the regular order of the day, the Clerk pro¬ ceeded therewith, when the following bills and resolutions were introduced and read the first time, to-wit: By Mr. Smith of Ware— A bill to regulate proceedings in causes in the Supreme Court. By Mr. Gray— A bill to constitute Robert McNew an heir of Green L. Smith, of the county of Walker. By Mr. Johnson of Towns— A bill to repeal an act to encourage immigration into the State of Georgia. A bill to change the name of Charles H. Paris to that of Charles H. Alston, and legitimatize the same. Also, a bill to incorporate the town of Hiwassee, in the county of Towns, and to appoint officers for the same. By Mr. Harper of Terrell— A bill for thq relief of the Union Branch Railroad Com¬ pany. By Mr. Rainey— A bill to prevent the obstruction of Buck Creek, in the counties of Schley and Macon. By Mr. Johnson of Spalding— WEDNESDAY, JULY 20, 1870. 199 A bill to provide for the inspection of steam boilers in this State, and for the appointment of inspector-in-chief and deputy inspectors, and for other purposes. By Mr. Prudden— A bill to legalize and make valid the sale of certain property belonging to the Eatonton Manufacturing Com¬ pany. By Mr. Walthall— A bill to incorporate Yan Wert, in the county of Polk, and to appoint commissioners for the same, and for other purposes therein mentioned. By Mr. Tweedy— A resolution on the subject of elections in this State. By Mr. O'Neal— The following privileged resolution, which was, on his motion, taken up, read and adopted, to-wit: Resolved, That the name of James R. Smith, who was elected in April, 1868, under the order of General Meade, and whose political disabilities have been removed, and who has been sworn as the other sitting members, be en¬ rolled as a member of this House and take his seat. On motion of Mr. Bice the session of this day was ex¬ tended to 1| o'clock. Introduction of bills resumed. By Mr. Carpenter— A bill to incorporate the town of Blackshear. Also, a bill to incorporate the " Commercial Bank & Trust Company " of Savannah. By Mr. Cunningham— A bill to preserve the peace and harmony of the people of Georgia. By Mr. Lee of Newton— A bill to regulate the sale of liquor in this State. By Mr. Williams of Morgan— A bill to create a board of commissioners for each county. By Mr. Clower— 200 JOURNAL OF THE HOUSE. A bill to amend the 1648th section of " Irwin's Revised 'Code of Georgia." By Mr. Darnell— A bill to loan the credit of the State to the " Marietta & North Georgia Railroad Company." By Mr. Price— A bill to enable owners of mines to drain their mines, and carry off the water, etc., through the lands of others. By Mr. McWhorter— v A bill to amend an act, approved October 3, 1868, to provide for setting apart a homestead of realty and per¬ sonalty. By Mr. Hall of Glynn— A bill to appoint commissioners to ascertain the loca¬ tion of certain lots in Brunswick, and for other purposes. The following names were announced as additional to the Finance Committee, to-wit: Messrs. Tweedy and Anderson. The following standing committees of the House were announced, to-wit: ON CORPORATION. Messrs. Hamilton, chairman; Lane, Rawles, Cleghorn, Madson, Tumlin, Linder, Hatchings, Joiner, Jackson, Harris of Glascock, Gullatt, Gardner, Houston and Ford. ON DEAF AND DUMB ASYLUM. Messrs. Lane, chairman; Anderson, Ballanger, Tweedy, Carson, O'Neal of Lowndes, Rogers, Scott, Welchei, Shumate, Colby, Jackson, Johnson of Towns, Perkins of Cherokee and Maul. ON NEW COUNTIES AND COUNTY LINES. Messrs. Cleghorn, chairman; Gray, Pepper, Hamilton, Hook, McArtlmr, Matthews, Naslr, Page, Perkins of Chero¬ kee, Reddish, Allen of Hart, Allen of Jasper, Barnes, Bradford, Harris of Murray and Higdon. WEDNESDAY, JULY 20, 1870. 201 ON THE PENITENTIARY. Messrs. Parks of Gwinnett, chairman; Hamilton, Hark- ness, Hall of Glynn, Hook, Hooks, Sisson, Powell, Adkins, Campbell, Clower, Cunningham, Fitzpatrick, Costin, Hous¬ ton, Porter, Paulk, Rainey, Shackleford, Scroggins, Sorrells, Thomason and Harrison of Hancock. ON THE LUNATIC ASYLUM. Messrs. Bell of Banks, chairman; Fowler, Maul, Smith of Charlton, Ellis, Brassel, Ballanger, Saulter, Buchan, Williams of Harralson, Zellars, Cloud, Davis, Evans, Har¬ per of Sumter, O'Neal of Baldwin, Humber, Brewster and Felder. ON BANKS. Messrs. McDougald, chairman ; Rawles, Tumlin, Erwin, Fryer, Allen of Jasper, Evans, Johnson of Forsyth, Kytle, Cobb, Fincannon, Holcombe, Hamilton, Hughes, Hooks, Harris of Murray, Hall of Glynn, Madden, Madison, Max¬ well, Neal and Nash. ON AGRICULTURE AND INTERNAL IMPROVEMENTS. Messrs. Price, chairman; Phillips, Turnipseed, Tumlin, Hall of Glynn, Harper of Sumter, Matthews, Bradford, Madison, Warren of Quitman, Strickland, McArthur, Arm¬ strong, Adkins, Beard, Brewster, Felder, Hardin, Hall of Bulloch, Welchel, Walthall, Lindse}*, Linder, Harris of Murray, Ford, Fincannon, Tweedy, and Lee of Newton. ON PUBLIC EDUCATION. Messrs. Rice of Columbia, chairman; Hillyer, Bryant, Duncan, Humber, Lastinger, Prudden, Harrison of Han¬ cock, Brown, Costin, Price, Joiner, Rawles, Sisson, Shack¬ leford, Smith of Ware, Ellis, Johnson of Towns, Evans, Gardner and Porter. ON PRIVILEGES AND ELECTIONS. Messrs. Betliune, chairman: Darnell, Price, Tweedy, Scott, Johnson of Spalding, Nisbet of Gordon, Goodwin, 202 JOURNAL OF THE HOUSE. Harkness, Cobb, Simms, Costin, Porter, Ford, Clark and Carpenter. ON THE MILITARY. Messrs. Bryant, chairman ; Lee, Bradford, Turner, Wat- kins, Walthall, Wilcher, Warren of Burke, Warren of Quit¬ man, Williams of Harris, Williams of Haralson, Williams of Morgan, Smith of Ware^Smith of Muscogee, Saulter, Stone, Sewell, Richardson, Rogers, O'Neal of Baldwin, Nash, McCormick and Moore. ON rUBLIC BUILDINGS. Messrs. Tweedy, chairman; Sisson, Gullatt, Anderson, Haren, Brewster, Parks, Scroggins, Maxwell, Ellis, Strick¬ land, Harden, Barnum, Floyd, Guilford, and O'Neal of Baldwin. ON MANUFACTURES. Messrs. Lee of Newton, chairman; McDougald, Mc¬ Cormick, Madden, Phillips, Powell, Bryant, Lastinger, Prudden, Vinson, Turnipseed, Warren of Quitman, Ander¬ son, Armstrong, Clower, Claiborne, Fincannon, Gullatt> Hughes and Harris of Glascock. ON PETITIONS. Messrs. Harper of Terrell, chairman; Tumlin, Pepper, Strickland, Reid, Seale, Tate, Vinson, Huniber, Johnson of Forsyth, Erwin, Guilford and Moore. ON CONSOLIDATION OF BILLS. Messrs. Holden, chairman; Nesbit of Dade, Armstrong, Caldwell, Felder, Ford, Goodwin, Gober, Lindsey and Scroggins. ON PUBLIC PRINTING. Messrs. Sisson, chairman; Price,Pepper, Hall of Glynn, O'Neal of Lowndes, Caldwell, Carson, Haren, Phillips, Belcher, Williams of Morgan, Turner and Hillyer. FRIDAY, JULY 22, 1870. 203 on asylum for the blind. Messrs. Maul, chairman; Harper of Terrell, Osgood, Fitzpatrick, Prudden, Bennett, Rosser, Seale, Rumph, Tate, Tumlin, Sorrells, Ballanger, Franks, Colby, Golden, Costin, Smith of Charlton and Cleghorn. on the judiciary. Messrs. O'Neal of Lowndes, chairman; Shumate, Be- thune, Harper of Terrell, Hall of Heriwether, Anderson, Lane, Lee, Price, Scott, McDougald, Duncan, Phillips, Belcher, Turner, Hillyer, Goodwin, Rawles, Darnell and Costin. on the state of the republic. Messrs. Shumate, chairman; Nesbitt of Gordon, Nisbet of Dade, Cobb, Powell, Higdon, Lindsey, Rumph, Allen of Hart, Barnes, Buchan, Carpenter, Cloud, Cleghorn, Clai¬ borne, Erwin, Franks, Williams of Harris, Smith of Mus¬ cogee, Stone, Wilcher and Richardson. On motion of Mr. Bryant five hundred copies of the standing committees were ordered to be printed for the use of the House. Leave of absence was granted Messrs. McDougald, Belcher, Buchan, Rice and Humber, on account of sick¬ ness. The hour for adjournment arrived, and the Speaker de¬ clared the House adjourned until Friday, the 22d instant, 10 o'clock a. m. Friday, July 22, 1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Mr. Crumley. The call of the roll was, on motion, dispensed with. 204 JOURNAL OF THE HOUSE. The Journal was read, and, on motion of Mr. Hillyer, that portion thereof embracing the personal explanation of Mr. Fitzpatrick was ordered to be stricken therefrom. On motion of Mr. Hall of Meriwether the rules were suspended, and the report of the Finance Committee on the following resolution taken up, to-wit: A resolution authorizing and requiring the Treasurer to pay all lawful demands against the State out of any funds now under his control. The Finance Committee reported the following resolu¬ tion as a substitute, recommending that it pass, to-wit: Whereas, The Treasurer has a large amount of money, claimed by him as belonging to the Educational Fund, deposited in various banks, drawing three per cent, per annum; And Whereas, There are now no funds in the Treasury to defray the. current expenses of the State; And Whereas, It will be necessary for the State to bor¬ row money, which is likely to cost from seven to ten per cent, per annum: 1. Be it resolved by the Senate and House of Representa¬ tives of the General Assembly of Georgia, That the Treasu¬ rer be authorized and required to use so much of the funds so deposited as may be necessary to pay off all war¬ rants now outstanding on the Treasury, and all that may hereafter be drawn thereon, and other expenses of the State Government. 2. That the Governor is hereby required to cause the Comptroller-General, at as early a day as practicable, to ascertain the amount of the Educational Fund that has been paid into the Treasury, as collected under the Con¬ stitution, which amount so to be ascertained is hereby set apart as an Educational Fund. 3. That his Excellency the Governor, having caused said fund to be so set apart, shall draw a special warrant on the Treasury for all sums so used, heretofore or hereafter, with six per cent, interest thereon for such term as the same FRIDAY, JULY 22, 1870. 205 has been used, and the proceeds to be held and retained as provided in section 80, paragraph 7, of the Code. 4. That, in the event the General Assembly shall inau¬ gurate a system of education as provided by the Consti¬ tution, and the funds, so borrowed or used, should be needed to the successful operation of the same, that then, in that event, the Governor be, and he is hereby, author¬ ized, if necessary, to effect a loan to the State by bonds or otherwise, as he may deem best to discharge the same. Mr. Hall of Meriwether moved the adoption of the fore¬ going resolution. . . Mr. Bryant offered to amend, as follows: Insert after the word " thereon," in the first paragraph, the words: " to pay the expenses of this General Assem¬ bly and all other indebtedness of the State." Pending action on the resolution and amendment, the hour of 11 A. M. arrived, for which hour the resolution of respect for the memory of the Hon. Robert W. Flourno}*, deceased, had been made the special order. By request of his colleague, Mr. Brown of Washington, the same was deferred until 11 o'clock a. m. to-morrow, and made the special order for that day and hour. The unfinished business was resumed. Mr. Lane of Brooks moved to recommit the resolution to the Finange Committee. Mr. O'Neal of Lowndes moved that it be laid on the table. The last motion, taking precedence under the rules, was first submitted. Upon this Mr. O'Neal of Lowndes required the yeas and nays to be recorded. Those voting in the affirmative are Messrs.— Anderson, Bradford, Claiborne, Allen of Jasper, Clark, Cobb, Brewster, Caldwell, Darnell, Brown, Cloud, Davis, Ballanger, Cleghorn, Franks, 206 JOURNAL OF THE HOUSE. Felder, Joiner, Perkins of Cherokee, Fowler, Johnson of Towns, Reid, Ford, Johnson of Forsyth, Rogers, Goodwin, Lane, Rumph, Gray, Lastinger, Strickland, Gullatt, Matthews, Stone, Hillyer, Moore, Saulter, Higdon, McArthur, Sisson, Holcombe, McDougald, Shumate, Holden, McCormick, Seale, Haren, Nash, Shackleford, Hamilton, O'Neal of Lowndes, Sorrells, Harkness, O'Neal of Baldwin, Smith of Coffee, Hutchings, Parks. Smith of Muscogee, Hook, Price, Tate, Harris of Murray, Paulk, Vinson, Harper of Terrell, Phillips, Welchel, Harrison of Hancock, Pepper, Warren of Quitman, Hall of Bulloch, Porter, Williams of Harris, Hall of Glynn, Prudden. Williams of Haralson. Those voting in the negative are Messrs.— Armstrong, Golden, Osgood, Allen of Hart, Gardner, Perkins of Dawson, Bell, Guilford. Rainev, Bethune, Houston, Rawles, Beard, Harden, Richardson, Bennett, Hughes, Simms, Barnes, Hooks, Smith of Charlton, Bryant, Harper of Sumter, Tweedy, Campbell, Harrison of Franklin, Thomason, Clower, Hall of Meriwether, Turner, Costin, Johnson of Spalding, Tumlin, Cunningham, Linder, Turnipseed, Fitzpatrick, Lindsey. Watkins, Floyd, Maxwell, Walthall, Fincannon, Maull, Warren of Burke, Gobor, Neal. Zellars. Yeas 77. Nays. 48. So the motion to lay on the table prevailed. Mr. Hall of Meriwether, chairman of the Finance Com¬ mittee, made the following report, which was taken up and read: Mr. Speaker: The Committee on Finance have had under considera¬ tion the resolution that was re-committed to them, requir- FRIDAY, JULY 22, 1870. 207 ing the Comptroller-General to ascertain, as soon as practicable, the definite amount due the Educational Fund, and report the same to the Governor, and requiring the Treasurer' to deposit the same by direction of the Gover¬ nor, according to law, which they recommend do pass. W. H. F. Hall, Chairman Finance Committee. On motion of Mr. Lane of Brooks the rules were sus¬ pended, and a bill "For the sale of certain bonds of the State" was taken up, read a second time, and, on motion of Mr. Shumate, referred to the Committee on Finance. The call of the counties for the introduction of new mat¬ ter being the regular order of the day, the Clerk proceeded therewith, and the following bills and resolutions were in¬ troduced and read the first time, to-wit: By Mr. Sisson— A bill to empower the Mayor and Council of the city of Atlanta to establish and maintain a system of public schools within said city, and for other purposes. By Mr. Johnson of Forsyth— A bill to repeal the 796th section of the Revised Code of Georgia. By Mr. Harrison of Franklin— A bill to authorize the Comptroller-General of this State to procure an official seal, and to establish the same. Also, a bill to repeal the eighth paragraph of the second section of the Tax Act of 1869, and for other purposes. By Mr. Rawles— A bill to incorporate the Georgia Steam Plow & Trans¬ portation Company of Georgia. Also, a bill to allow Amos Rahn, of Effingham county, to practice medicine and collect for the same. By Mr. Fryer— A bill to amend section 650 of Irwin's Code. By Mr. Higdon— A bill to lay out and organize a new county from the county of Decatur, and for other purposes. By Mr. Fowler— 208 JOURNAL OF THE HOUSE. A bill to change the line between the counties of Catoosa and Walker. By Mr. Cloud— A bill to prevent hunting on enclosed lands without con¬ sent of the owner. By Mr. Osgood— A bill to amend section 4736 of Irwin's Code of Georgia. Also, a bill to amend an act entitled " an act to incor¬ porate the Vernon Shell Road Company," and for other purposes therein mentioned. Also, a bill to incorporate the Savings Bank of Savan¬ nah. Also, a bill for the better protecting of innocent wit¬ nesses in cases of felonies and misdemeanors. By Mr. Porter— A bill to carry into affect the 6th article of the Consti¬ tution of this State, and provide a thorough system of education, to be free to all the children of this State. Also, a bill to alter and amend sections 4725,4726,4732, 4733, 4734, 4735, 4736, 4738, 4739, 4741, 4749 and 4751 of Irwin's Revised Code, in relation to the city of Savannah. Also, a bill to carry into effect the second clause of thir¬ teenth section of the fifth article of the Constitution, define the eligibility of jurors, and prescribe the mode and man¬ ner of drawing juries. Also, a bill to enforce the provisions of the Civil Rights bill of the Congress of the United States, in Georgia. Also, a joint resolution to confer on churches and other religious organizations the power to own, possess, and oc- cupy property in their own right and title, and for other purposes. By Mr. Simms— A bill to incorporate the " Chatham Mercantile, Loan and Trust Company." Also, a bill to create a board of supervisors for the county of Chatham. By Mr. Gober— A bill to remit the tax of Cobb county for the year 1870- FRIDAY, JULY 22, 1870. 209 Also, a bill to incorporate tbe town of Acworth, and for other purposes. By Mr. Cleghorn— A bill to confer the privilege of majority upon Churchelb P. Goree, of the county of Walker. Also, a bill to incorporate the Rome & Summerville Rail¬ road Company. Also, a bill to incorporate the Chattooga Coal and Iron Railroad Company. By Mr. Shumate— A bill to prescribe the duties of clerks and other officers. Also, a bill defining the liabilities of the employees, and prescribing the rights of the Superintendent, of the West¬ ern & Atlantic Railroad. Also, a bill to establish the act of replevin in the State of Georgia. By Mr. O'Neal of Lowndes— A bill to secure the " School Fund" of the State by giv¬ ing special direction thereto. By Mr. Porter— Resolutions of respect to the memory of the Hon. P. H. Chambers and Hon. Benjamin Ayer. * The same were, on motion of Mr. Bryant, made the special order for Monday next, 11 o'clock a. m. By Mr. Welchel— A resolution providing for the purchase of a work on the Geology and Mineralogy of North Georgia, by Dr. M. P. Stephenson. By Mr. Shumate— A bill to incorporate the American Industrial Agency. Also, a bill to incorporate the Contractors' Association. By Mr. Tumlin— A bill to incorporate the Chattahoochee Railroad Com¬ pany, and for other purposes therein mentioned. Also, a bill to incorporate the village of Spring Yale, in the county of Randolph, and for other purposes therein mentioned. Leave of absence was granted Mr. Colby, on account of 14 210 JOURNAL OF THE HOUSE. sickness in his family; to Mr. Clark on account of ministe¬ rial duties; to Mr. Walthall for a few days on special busi¬ ness ; and the leave of absence of Mr. Scott extended for five days on account of sickness in his family. The House, on motion, adjourned until 10 o'clock a. m. to-morrow. Saturday, July 23,1870, 10 o'clock a. M. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Mr. Crumley. On motion the call of the roll was dispensed with. The Journal was read and approved. Mr. Williams of Morgan moved a suspension of the rules for the purpose of introducing a resolution providing for an afternoon session of the House, from 3 to 5 o'clock p. M., for the purpose of reading bills the first and second times. Uf)on this motion Mr. Brewster required the yeas and nays to be recorded. Those voting in the affirmative are Messrs.— Armstrong, Ford. Matthews, Anderson, Fryer, Maxwell, Allen of Hart, Fincannon, MeArthur, Brewster, Gober, McDougald, Brown, Gray, Price, Ballanger, Gullatt, Paulk, Bradford, Hillyer, Phillips, Caldwell, Higdon, Pepper, Olower, Hamilton, Prudden, Cloud, Harkness, Perkins of Cherokee, Cleghorn, Hughes, Reddish, Cobb, Hook, Rainey, Davis, Harris of Murray, Rosser, Erwin, Harper of Sumter, Rumph, Evans, Harper of Terrell, Sisson, Felder, Hail of Bulloch, Shumate, Floyd, Lane, Seale, Fowler, Lastinger, Sorrells, SATURDAY, JULY 23, 1870. 211 Smith of Coffee, Thomason, Welchel, Smith of Muscogee, Tate, Williams of Haralson, Smith of Ware, Turnipseed, Williams of Morgan. Those voting in the negative are Messrs. Allen of Jasper, Beard, Barnes, Clower, Costin, Cunningham, Darnell, Goodwin, Golden, Gardner, Guilford, Houston, Harden, Harrison of Franklin, Hall of Meriwether, Joiner, Jackson, Johnson of Towns, Johnson of Spalding, Linder, Lindsey, Madden, Madison, Maull, Moore, Osgood, O'Neal of Lowndes, O'Neal of Baldwin, Page, Parks, Porter, Perkins of Dawson, Beid. Kawles, Richardson, Simms, Stone, Saulter, Smith of Charlton, Tweedy, Watkins, Warren of Burke, Williams of Harris. Yeas 63. Nays 43. So the motion, not having received an affirmative vote, of three-fourths of the members present, did not prevail- On motion of Mr. O'Neal of Lowndes the rules were*- suspended, and the bill to secure the School Fund of this- State, by giving special direction thereto, was taken up,, read the second time, and ordered to be engrossed. On motion of Mr. Price two hundred copies of the sanm were ordered to be printed for the use of the House. The unfinished business of yesterday was resumed, to- wit: The call of the counties for the introduction of new matter. The following bills and resolutions were introduced and read the first time : By Mr. Turnipseed— A bill to make it penal to mortgage personal property and afterwards dispose of the same without the consent of the mortgagee. 212 JOURNAL OF THE HOUSE. Also, a bill to incorporate the "Macon Banking Com- pany." By Mr. Davis— A bill to repeal an act entitled " an act to provide for the farming out the Penitentiary, and for other purposes. By Mr. Hillyer— A bill to incorporate the St. Mary's Western Railroad Company. By Mr. Lastinger— A bill to change the line between the counties of Clinch and Coffee. A bill for the relief of Ada Taylor, of the county of Coffee. Also, a bill to alter and amend an ,act to incorporate the town of Homerville, in the county of Clinch. By Mr. Parks— A bill to change paragraph 675 of Irwin's Revised Code. By Mr. O'Neal of Lowndes— A bill to change the line between the counties of Lowndes and Berrien. By Mr. Bell— A bill to alter and amend section 874 of the Revised Code. By Mr. Claiborne— A bill to be entitled an act to provide the mode and man¬ ner of compelling putative fathers to maintain their bastard children and punish them for failing, or refusing so to do. A bill to carry into effect section 23, article 1, of the Constitution of Georgia, and prohibit the sale of lottery tickets therein, and provide the mode and manner of pun¬ ishing offenders, and for other purposes. Also, a bill to repeal so much of section 4245 of Irwin's Code as relates to criminals being sentenced to work in the chain gang on the public works. On motion of Mr. Harper of Terrell the rules were sus¬ pended, and the bill " to amend the road laws of this State, so far as they relate to the county of Terrell," was taken up, read the second time and ordered to be engrossed. Leave of absence was granted Messrs. Harrison of Han- SATURDAY, JULY 23, 1870. 213 cock and Vinson of Crawford, for a few days, on impor¬ tant business; and the leave of absence previously granted Mr. Barnum extended on account of sickness in his family. The following message was received from his Excellency the Provisional Governor, through Mr. Atkinson, his Secretary, to wit: Mr. Speaker: I am directed by his Excellency the Provisional Gover¬ nor to deliver to the House of Representatives a communi¬ cation in writing with accompanying documents. The same was, on motion of Mr. Darnell, taken up, read and referred to a joint special committee. It is as follows, to-wit: Atlanta, Ga., July 23,1870. To the General Assembly : X transmit herewith copies of a communication received from his Honor the Mayor, through a committee of the City Council: The city of Atlanta, by this formal action of the Coun¬ cil, as well as by the resolutions of their predecessors in office, renewed by the present Council, disclose an entire willingness to meet all the obligations incurred by their proposal made to the Constitutional Convention to furnish buildings, rooms, etc., necessary for State purposes in this city as the Capital. The city is willing to make amicable adjustment of any matters of misunderstanding arising out of the absence of specifications as to the exact kind and character of accom¬ modations that would be required for State purposes, and I would, therefore, respectfully recommend to your hon¬ orable body that a joint committee be appointed to take into consideration the proposition of the City Council, and confer with the city authorities and Mr. Kimball, and as¬ certain the conditions upon which the proposition of the : city can be carried out, and report to your honorable body such conclusions as may be acceptable to the State and city. 214 JOURNAL OF THE HOUSE. The accommodations which would be afforded by the present building are ample for State purposes, and I would, therefore, respectfully suggest that it would be un¬ wise to incur expense for the construction of a new capitol building at this time; but that the five acres of ground to be donated by the city should be selected, and arrange¬ ments perfected for beautifying the grounds selected, by cultivation of shade trees, shrubbery, etc., so that whenever a new capitol building is considered necessary by the peo¬ ple of the State, the ground would be in readiness. I deem it desirable for the interest of the State that the propositions of the city authorities should be accepted and carried out. Should your honorable body concur in this opinion, after an examination of the matter, and unite with the city in exchanging bonds for the present property, an amount in currency could be realized by its sale at the expiration of ten years, or whenever a new capitol should be completed, largely in excess of the amount in bonds to be given in exchange for it now, and the rental of that portion not needed by the State would nearly, if not quite, liquidate the semi-annual interest 011 the State bonds given in ex¬ change for the property. Therefore, inasmuch as the proposition from the city is dependent upon the State uniting in a purchase of the property in order to thus definitely and permanently close agitation upon the subject of removal of the Capitol back to Milledgeville, I most respectfully urge that such terms for purchase as may be acceptable to your honorable body be agreed to. Rufus B. Bullock. The hour of 11 o'clock a. m. having arrived, the same having been set apart by resolution for the delivery of eulogies on the character and life of the Hon. Robert W. Flournoy, deceased, Mr. Price of Lumpkin offered the following preamble and resolutions, prefacing their intro¬ duction with appropriate remarks : SATURDAY, JULY 23y 1870. 215 Whereas, In the dispensation of Providence this Gene¬ ral Assembly has been called on to note the demise of another of its members, Hon. Robert W. Flournoy, a mem¬ ber of this House from the county of Washington, has been called suddenly from our counsels; the State has thus been deprived of the services of one who, from his zeal and ability, as evinced during his connection with us, bid fair to become, in a short time, one of the State's most noble defenders. As members who served with him, we shall never forget his watchful vigilance, the energy with which he always pressed for the right. He was brave in the discharge of every public duty, and particularly sensi¬ tive upon every question which seemed to affect the honor or the interests of his native State. No one ever ques¬ tioned Flournoy's motives or his integrity. Whilst impet¬ uous—sometimes almost to rashness—it was always when acting on his convictions of right and justice. United with his firmness was a forgiving heart, full of tenderness and confidence. Much more than this might be said of our friend and fellow-member. In his death, we feel a sad loss as indi¬ viduals; but, more than this, we feel that when his fragile form went down in death, our State lost the services of one who would have largely contributed towards restoring her to her former peace, prosperity and greatness. Yet, these losses, what are tliey compared with those which a fond mother, a loving wife, and tender little ones have suffered ? We would not invade the sanctity of their grief, but pray that the blessings of Heaven may rest upon them in their bereavement and loneliness: Be it resolved, That, in the death of the Hon. Robert W. Flournoy, we recognize a loss to the State of a worthy cit¬ izen, a watchful, vigilant, and distinguished representa¬ tive ; the bar of the State has lost a useful and promising member, whilst his family have been deprived of a loving and affectionate protector. Resolved, That we tender to his afflicted family, in their time of sorrow, the sympathies of this General Assembly. Resolved, That our Clerk transmit to the widow of the 216 JOURNAL OF THE HOUSE. late Robert W. Flournoy a copy of the foregoing pream¬ ble and resolutions, and that the same be spread upon the Journal of the House. Resolved, That, as a tribute of respect to the Hon. Rob¬ ert W. Flournoy, this House do now adjourn. After the delivery of appropriate eulogies by a number of members, the foregoing resolutions were unanimously adopted. The Speaker declared the House adjourned until Mon¬ day, 10 o'clock a. m. Monday, July 25, 1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Mr. Crumley. On motion of Mr. Darnell the call of the roll was sus¬ pended. The Journal was read and approved. Mr. Madden offered the following resolution, which was on motion, taken up, read and agreed, to, to-wit: Resolved, That Moses H. Bentley, Messenger of this House, having this day committed a homicide upon the person of Hon. M. Claiborne, member of the House, be, and he is hereby, expelled and turned over to the civil au¬ thorities of this State, that justice may be done in the premises. On motion of Mr. Porter, the special order of the day was deferred until 12 o'clock m. this day. The following message was received from his Excellency the Provisional Governor, through Mr. Atkinson, his Sec¬ retary, to-wit: Mr, Speaker: I am directed by his Excellency the Provisional Gov- MONDAY, JULY 25,' 1870. 217 ernor to deliver to the House of Representatives a com¬ munication in waiting. On motion of Mr. Hall of Meriwether the same was taken up and read, being as follows, to-wit: Atlanta, July 25,1870. To the General Assembly: The joint resolutions of your honorable body, directing the Treasurer to pay each member and officer of the General Assembly two hundred dollars on account of per diem, were approved on the 16th instant, and a certified copy of the resolution was handed to the Treasurer on Monday morning, the 18th instant. I am now informed that the Treasurer refuses to recog¬ nize the order of the General Assembly, as announced in this joint resolution, alleging, as a reason for his con¬ tumacy, that he has no moneys on hand except the School Fund. This is a shallow pretext, by which, as heretofore, the Treasurer expects, with loud protestations of his fealty to the Treasury, to excite the commendation of good citi¬ zens, and thus hide the benefit he himself receives from his unlawful acts. . To show the false foundation upon which this last pre¬ text rests, it is only necessary to refer to the fact that the amount of the Educational Fund has never yet been com¬ puted and reported by the Comptroller-General, and with¬ out such computation it is not possible for the Treasurer to be informed of the total amount due on account of reoeipts from the several sources set apart by the Consti¬ tution for educational revenue; and, also, to the other fact that it was not until the Treasurer had been overruled by your honorable body and directed to pay all warrants drawn by the Executive, and oountersigned by the Comp¬ troller-General, that the Treasurer invented the subterfuge of crying " School Fund " to cover his refusal to obey the order of the Legislature. It was not until after the Treasurer had refused to pay warrants, and the investiga- 218 JOUKNAL OF THE HOUSE. ting committee had assembled, that he reported to the Oomptroller-General about $3,600 as interest to the credit of the Educational Fund. It is simply absurd for the Treasurer to^assume to arbi¬ trarily set aside a portion of the public money and hire it out for a nominal rate of interest, and then refuse payment to the lawful creditors of the State, with the silly plea that there is no money in the Treasury. But the absurdity de¬ mands attention when the Treasurer refuses to yield to the formal instruction of a joint resolution of your honor¬ able body, and insists upon the Legislature yielding their prerogative to his demands. The great solicitude displayed by the Treasurer, and some of the parties to whom he has loaned the State's money, to prevent its return to the Treasury, is well known to many members of your honorable body, and becomes an additional reason why the Treasurer should be com¬ pelled to comply with the law and the order of the Gen¬ eral Assembly. As is estimated by the investigating committee's re¬ port, ono hundred and seventy-five thousand dollars of the State's money has been loaned out by the Treas¬ urer in violation of law; and, I now learn, from reliable authority, that at least one of the parties, (the Atlanta National Bank,) to whom the loan was made, has used the money for speculation in United States bonds. Having purchased bonds at $1 13J, which can now only be sold for $1 08, it is very important to the bank that the State's monoy should not be called for at present; for, to close the speculation now, it is said, would lose the parties $10,000. And hence the great anxiety of the Treasurer and his colleague that no action should be taken by the General Assembly to compel the return of the money—an anxiety which, it seems, is sufficient to induce the Treas¬ urer to disregard the plain instructions of your honorable body. Owing to the fact that no action had been taken by the Legislature to perfect a school law prior to the present session, the amount received from sources set apart for MONDAY, JULY 25, 1870. 219 educational purposes has not been formally ascertained and reported by the Comptroller-General; but believing that it is now your purpose to establish a free school sys¬ tem, I would respectfully recommend that your honorable body direct that the Comptroller-General proceed to ascer¬ tain, as rapidly as possible, the amount which has been received from the several sources set apart for school rev- nue, and that, from his report, from time to time, as fast as ascertained, a sufficient number of the bonds of our own State, bearing seven per cent, interest, be deposited with the Treasurer, to cover, at the market value of the bonds, the amounts so reported by the Comptroller-Gen¬ eral ; and that the bonds be held by the Treasurer, draw¬ ing interest for the benefit of the School Fund, until funds are needed, and appropriated for support of the schools, when the amounts required can be promptly realized from the bonds. I would also respectfully recommend that an immediate stop be put to speculations with State funds—a proceed¬ ing sufficiently reprehensible in itself, but peculiarly ob¬ jectionable when the parties seek to hide the transaction behind the specious plea of protecting the School Fund and keeping sacred the money to educate our children, a pretense which " borrows the livery of Heaven to serve the ' Devil in!" The money of the State which is thus being trifled with is now needed to meet the just dues to the public institu¬ tions, the Judges, Solicitors, and advances due the mem¬ bers of your honorable body ; and when money is due, or needed for educational purposes, it will be promptly pro¬ vided. I hope, therefore, your honorable body will direct, by joint resolution, that thq money heretofore loaned out be immediately returned to the Treasury, with interest to date, and that in future the Treasurer perform the duties required of him by law, or vacate his office. Bufus 13. Bullock. Leave of absence was granted Messrs. Bennett and 220 JOUBNAL OF THE HOUSE. Prudden on account of sickness in their families, and to Mr. Harrison of Glascock on special business. Mr. Turner offered the following resolution, which was taken up, read, and agreed to, to-wit: Resolved, That the use of this House, this evening, be tendered to John Silla Martin, of Washington City, who is now in this city for the purpose of delivering a lecture. On motion of Mr. O'Neal of Lowndes the rules were suspended, and the following bill was taken up for the third reading, to-wit: "A bill to secure the School Fund of the State by giv¬ ing special direction thereto." Mr. O'Neal of Lowndes offered, as a substitute therefor, a resolution " to set apart and secure the School Fund." The substitute was received. Mr. Shumate moved that the same, as amended, be re¬ committed to the Finance Committee, with instructions to prepare a bill recalling the School Fund from the Atlanta National Bank, and depositing it with the Georgia Bail- road and Banking Company. Pending this motion, Mr. O'Neal of Lowndes, by con¬ sent of the House, withdrew the substitute for the purpose of changing its character from a resolution to a bill. He then offered the same as " a bill to set apart and secure the School Fund." The substitute was adopted. The bill was read the third time. On the question of its passage, as amended, Mr. Lane called the previous question, which was sustained. The main question was put and the bill passed. Mr. Carson, chairman of the Committee on Enrollment, made the following report: Mr. Speaker: The Committee on Enrollment report that they have ex¬ amined J. T. Taylor, H. C. Johnson, William Poole, L. H. MONDAY, JUDY 25, 1870. 221 Roberts, B. H. Miller and P. Walpole, presented by the Clerk of the House to the end that they may be appointed subordinate clerks of the House, and hereby certify that they are competent and qualified for the discharge of the duties that may be required of them. W. C. Carson, Chairman Committee on Enrollment. On motion of Mr. Price it was resolved by the House that on to-morrow an afternoon session shall be held con¬ tinuing from 4 p. m. to 6 p. m. for the purpose of reading bills the first and second times. The following members were announced by the Speaker as constituting the joint special committee on the part of the House, to whom were referred the communication of his Excellency the Provisional Governor, and accompany¬ ing documents, on the subject of the contract of the city of Atlanta to furnish accommodations for the State Gov¬ ernment, to-wit: Messrs. Tweedy, chairman; Parks, Gullatt, Bell, Hill- yer, Zellars and Colby. Mr. Saulter offered the following resolution, which was taken up and read, to-wit: Whereas, Elections were held in the counties of Telfair and Irwin, under proclamation of his Excellency Gover¬ nor Bullock, issued under authority of a joint resolu¬ tion, adopted August , 1868 ; therefore be it Resolved, That the Representatives elect from the coun¬ ties of Irwin and Telfair be admitted to seats as members of this House, upon complying with the provisions of the Act of Congress, passed December 22, 1869. Mr. Tweedy moved to lay the resolution on the table for the present. On this motion Mr. Bryant required the yeas and nays to be recorded. 222 JOURNAL OF THE HOUSE. Those voting in Atkins, Allen of Jasper, Allen o r Hart, Bethune, Beard, Barnes, Carson, Campbell, Clower, Costin, Cunningham, Darnell, Davis, Ellis, Fitzpatrick, Floyd, Goodwin, Golden, Those voting in Armstrong, Andersbn, Bennett, Brewster, Brown, Ballanger, Bryant, Bradford, Clark, Caldwell, Cleghorn, Cobb, Erwin, Evans, Felder, Fowler, Ford, Fryer, Fincannon, Gober, Gray, Gullatt., Higdon, the affirmative are Gardner, Gray, Ilillyer, Holcombe, Houston, Harden, Haren, Hughes, Hutchings, Joiner, Jackson, Johnson of Towns, Johnson of Spalding, Johnson of Forsyth, Lee, Linder, Madden, Madison, Messrs.— Maull, Moore, Nesbitt of O'Neal of Lowndes, O'Neal of Baldwin, Porter, Reid, Rice, Rogers, Richardson, Simms, Stone, Smith of Muscogee, Tweedy, Thomason, Turner, Warren of Burke, Williams of Harris. the negative are Mesrss.— Hamilton, Perkins of Cherokee, Harkness, Reddish, Hook, Rainey, Harris of Murray, Rosser, Harper of Sumter, Rawles, Harrison of Franklin, Rumph, Hall of Meriwether, Strickland, Hall of Bulloch, Saulter, Hall of Glynn, Sisson, Lastinger, Shumate, Lindsey, Seale, Matthews, Shackleford, Mc Arthur, Sorrells, McDougald, Smith of Coffee, Nash, Smith of Ware, Osgood, Tumlin, Page, Tate, Parks, Turnipseed, Price, Welchel, Paulk, Warren of Quitman, Phillips, Williams of Haralson, Pepper, Williams of Morgan. Yeas 54. Nays 67. .So the motion did not prevail. TUESDAY, JULY 26, 1870. 223 Pending further action on this resolution the hour of 12 M. arrived, and the special order therefor was taken up, to-wit: " Resolutions of respect to the memories of the Hon. P. H. Chambers and Hon. Benjamin Ayer." Whereas, By the mysterious dipensation of Divine Providence tfye Hon. Peter H. Chambers, Representative from Meriwether county, and the Hon. Benjamin Ayer, Representative from Jefferson county, have been removed from' our midst; therefore be it Resolved, That this House has heard, with deep regret, of the deaths of the Hon. Peter H. Chambers of Meri¬ wether county, and the Hon. Benjamin Ayer of Jefferson county. Resolved, That, as a testimony of our high esteem for their moral worth and unblemished characters, the officers and members of this House will wear the usual badge of mourning for thirty days. Resolved, That, a copy of these resolutions be transmit¬ ted to the families of the deceased by the Clerk. Resolved, That, as a further mark of respect to their memories, this House do now adjourn. After some time spent in the delivery of appropriate eulogies by a number of members, the foregoing resolu¬ tions were unanimously adopted, and the Speaker declared the House adjourned until 10 o'clock a. m. to-morrow. Tuesday, July 26, 1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Dr. Crawford of Kentucky. The call of the roll was dispensed with. The Journal was read and approved. 224 JOURNAL OF THE HOUSB. Mr. Hall of Glynn moved to reconsider so much thereof as relates to the adoption of a resolution expelling Moses H. Bentley, Messenger of the House. The motion to reconsider did not prevail. Mr. Turner offered the following resolution, which was taken up, read and unanimously adopted, to-wit: Whereas, The Hon. Malcom Claiborne, a member of this House, has suddenly departed this life; therefore Resolved, That a joint committee of three from the House and two from the Senate be appointed to make suita¬ ble arrangements for the funeral of said deceased; and that this House, asking the concurrence of the Senate, do now adjourn until to-morrow, 10 o'clock a. m. The Clerk was instructed to transmit the same to the Senate without delay. Leave of absence was granted Mr. Bell on account of sickness in his family. The Speaker declared the House adjourned until to¬ morrow, 10 o'clock a. m. Wednesday, July 27,1870, 10 o'clock A. M. The House met pursusnt to adjournment, the Speaker in the chair. Prayer by the Rev. Dr. Brantly. The call of the roll was, on motion, dispensed with. The Journal was read and approved. Mr. Fitzpatrick moved a suspension of the rules for the purpose of presenting certain petitions for reference to the Committee on Privileges and Elections. The motion did not prevail. Mr. O'Neal of Lowndes, chairman of the special com¬ mittee, to whom was referred a bill to amend the charter of the town of Cartersville, made the following report, to-wit: WEDNESDAY, JULY 27, 1870. 225 I am instructed by the special committee, to whom the bill to amend, and alter, and add to the several acts incor¬ porating the town of Cartersville, and to make valid cer¬ tain acts of the officers of said town, was referred, recom¬ mend that said bill do pass, with the following additional sections and amendments, viz: Sec. 6. The corporate limits of said town shall be a cir¬ cle of one mile in every direction from the depot of the Western & Atlantic Railroad, making the diameter of such circle two miles. Sec. 8. And that hereafter all levies and sales shall be made and had by the Town Marshal, or his deputy, under the regulations prescribed in the Code for Sheriffs' and Constables' sales, and defendants shall have the right of redemption provided in the Code. That the fifth section of the pending bill be so amended as to read: " One-half of one per cent.and that sec¬ tions seven, eight, and nine of the act of 1869 be stricken out, by inserting, in the first section of the pending act, the words " seventh, eighth, and ninth," between the words "fourth" and "section." John W. O'Neal, Chairman. On motion of Mr. O'Neal the rules were suspended for the purpose of taking up, for the third reading, the follow¬ ing bills, to-wit: A bill to alter, amend, and add to the several acts incor¬ porating the town of Cartersville, and make valid certain acts of the officers of said town. Also, a bill to alter and amend the ro£fl laws of this State, so far as they relate to the county of Terrell. The foregoing report of the special committee on the first-mentioned bill was agreed to. The bill, as amended, was read the third time, and passed as amended. The House took up the report of the committee on the 15 226 JOURNAL OF THE HOUSE. bill to alter and amend the road laws of this State, so far as they relate to the county of Terrell. The report was agreed to. The bill was read the third time and passed. The Clerk was, on motion, directed to transmit the fore¬ going bills to the Senate without delay. The following message was received from the Senate, through Mr. Mills, their Secretary: Mr. Speaker: The Senate have concurred in the House resolution ap¬ pointing a committee to take into consideration the propo¬ sition of the City Council of Atlanta, etc. And have appointed, as the committee on their part, Messrs. Harris, McArthur, McWhorter and Campbell. The Senate have also concurred in the House resolu¬ tion expressive of regret for the death, and respect for the memory, of the Hon. Robert "W. Flournoy. The special order of this day, to-wit: The report of the special committee on the Penitentiary was deferred to 12 o'clock M. to-day. The unfinished business of Monday was resumed, to- wit : The resolution reported on the Journal of that day to seat Representatives elect from the counties of Irwin and Telfair—-the motion for its adoption being the pending proposition. Mr. O'Neal of Lowndes submitted the following points of order: 1. That the proposition embraced in the resolution had been, during the present session, offered in the form of a resolution, which was ruled out of order by the Speaker, on the ground that it was in conflict with the provisions of the reconstruction acts. 2. That if the subsequent action of the House, in laying said resolution on the table, as shown by the Journal of the House, should be construed as superseding the ruling WEDNESDAY, JULY 27, 1870. 227 of the Speaker, he renewed the point of order upon which the decision of the Chair was predicated. The Speaker adhered to his former ruling, that the reso¬ lution, being in conflict with the reconstruction acts, could not be sustained by the House. Mr. Bryant appealed from the decision of the Chair. Mr. Tumlin called for the previous question, which was sustained. The main question was put, viz: Shall the decision of the Chair stand as the judgment of the House? Upon this Mr. Bryant required the yeas and nays to be recorded. Those voting in the affirmative are Messrs.— Atkins, Gardner, Maull, Allen of Jasper, Guilford, Moore, Allen of Hart, Hillyer, Nesbit of Gordon, Bell, Holcombe, O'Neal of Lowndes,. Betbune, Houston, O'Neal of Baldwin, Belcher, Harden, Porter, Beard, Haren, Perkins of Dawson, Barnes, Hughes, Eeid, Bradford, Hutchings, Rice, Carson, Hooks, Rogers, Campbell, Harrison of Hancock, Richardson, Clower, Joiner, Strickland, Costin, Jackson, Simms, Colby, Johnson of Towns, Stone, Cunningham, Johnson of Spalding, Smith of Charlton, Darnell, Johnson of Forsyth, Smith of Muscogee, Davis, Lee, Tweedy, Ellis, Linder, Thomason, Fitzpatrick, Lindsey, Turner, Floyd, Madden, Warren of Burke, Goodwin, Madison, Williams of Harris, Golden, Maxwell, Williams of Haralson. Those voting in the negative are Messrs.— Armstrong, Ballanger, Cloud, Anderson, Bryant, Cleghorn, Bennett, Buchan, Cobb, Brewster, Clark, Duncan, Brown, Caldwell, Erwin, 22'8 JOURNAL OF THE HOUSE. Felder, Hall of Bulloch, Saulter, Fowler, Hall of Glynn, Sisson, Ford, Lastinger, Shumate, Fi-nfRTmnn, Matthews, Seale, Gober, McArthur, Schakleford, Gray, McDougald, Sorrells, Gullatt, Nash, Smith of Coffee, Higdon, Fryer, Smith of "Ware, Holden, Price, Tumlin, Hamilton, Paulk, Tate, Harkness, Phillips, Turnipseed, Hook, Pepper, Vinson, Humber, Perkins of Cherokee, "Walthall, Harris of Murray, Beddish, Welchel, Harper of Sumter, Bainey, Warren of Quitman, Harper of Terrell, Bosser, Williams of Morgan. Harrison of Franklin, Bawles, Yeas 66. Nays 65. Mr. Hall of Meriwether paired off with Mr. Scott. So the decision of the Chair was sustained. Mr. Tumlin offered the following resolution, which was taken up, read and adopted, to-wit: Resolved, That a seat on this floor be tendered Dr. A. L. Hamilton, President of "Andrew Female College;" and that the use of this hall be tendered this gentleman on to¬ morrow evening, the 28th instant, for the purpose of de¬ livering a lecture on the " physical training of woman." Leave of absence was granted to Messrs. Linder and Cunningham, for a few days, on account of sickness in their families. The following message was received from his Excellency the Provisional Governor, through Mr. Atkinson, his Sec¬ retary, to-wit : Mr. Speaker: I am directed by his Excellency the Provisional Gov¬ ernor to deliver to the House of Representatives a com¬ munication in writing. WEDNESDAY, JULY 27, 1870. 2291 The hour of 12 o'clock m. having arrived, the House took up the special order for that hour, to-wit: The report of the joint committee appointed to investi¬ gate the condition of the Georgia Penitentiary. Mr. Bryant moved the adoption of the same. Pending the discussion of the subject-matter of said report by Mr. Bryant, he yielded the floor for a motion of Mr. Shumate, that when the House adjourn it do adjourn to 4 o'clock P. M., and remain in session until 6 o'clock p. M. this day, for the purpose of reading bills the second time. This motion prevailed, and the hour of adjournment having arrived, the Speaker declared the House adjourned until 4 o'clock p. m. 4 o'clock p. m. The House met pursuant to adjournment, the Speaker in the chair. The following bills were read the second time and re¬ ferred to the Judiciary Committee, to-wit: A bill to add an additional section to the Penal Code of this State. A bill to change the method of enforcing liens from the steamboat method to the method of enforcing mortgages on personal property. A bill fixing compensation of the scrivenor in making records in cases of felony tried in the courts of this State. A bill to repeal section 4736 of Irwin's Code. A bill to amend an act for the more efficient preserva¬ tion of peace and good order on election days in this State. A bill for the relief of Adelia J. Edmondson, of the county of Coweta. A bill to authorize Nathan Chapman and W. D. Win- bern to exhibit the sleight-of-hand in the State of Georgia free of taxation. A bill to alter and amend the third paragraph of sec¬ tion 1969 of Irwin's Code of Georgia. 230 JOURNAL OF THE HOUSE. A bill to change the time of holding the Superior Courts of the counties of Jackson and Gwinnett. A bill to amend the charter of the Planters' Warehouse Company, of the city of Macon. The bill to change the line between the counties of Henry and Butts was read the second time and referred to the Committee on New Counties and County Lines. The bill to change the time of holding the Superior Courts of Houston county was read the second time and referred to the Committee on the Judiciary. The following bills were read the second time and refer¬ red to the Committee on Corporations, to-wit: A bill to incorporate the North Georgia & Tennessee Railroad Company; to grant certain powers and privi¬ leges to the same, and for other purposes. A bill to incorporate the Ringgold & Cooper's Gap Rail¬ road Company; and to extend the aid of the State to said company, and for other purposes. A bill to incorporate the town of Euharlee, in the county of Bartow; to appoint commissioners for the same, and for other purposes therein mentioned. A bill to incorporate the Lookout Mountain Railroad Company. A bill to amend " an act to incorporate the town of For- restville, in the county of Floyd, and the State of Georgia; and to appoint commissioners for the same; and to extend the corporate limits of said town. A bill to incorporate the town of Clarksville, in the county of Habersham; to appoint commissioners for the same, and for other purposes. The following bills were read the second time and refer¬ red to the Committee on Finance, to-wit: A bill to levy and collect a tax for the support of the Government for the year 1870, and for other purposes. A bill to repeal an act prohibiting the sale and purchase of agricultural products in the counties of Lowndes and Macon. A bill to make appropriations for levelling breast-works, etc., around the city of Savannah. WEDNESDAY, JULY 27, 1870. 231 A bill to incorporate the North & South Railroad Com¬ pany of Georgia, from Rome to Columbus, Georgia, and to grant certain powers and privileges to the same, and for other purposes. A *bill tc authorize the Intendant and Wardens of the town of .Athens to aid in the extension of the Georgia Railroad ;or the construction oi any other railroad from Athens tcthe Rabun Gap. A bill o authorize the Mayor and Council of the city of Rome to subscribe not exceeding one hundred thousand dollars d stock in the Memphis Branch Railroad, upon certain onditions, and for other purposes. A bil to extend and lend the credit of the State of Georgi to the Memphis Branch Railroad Company; and to amod the charter of the same, and for other purposes. Theoill to incorporate the Fort Yalley & Hawkinsville Railrod Company, and for other purposes, was read the secon time and ordered to be engrossed. Th bill to incorporate the town of Greenesboro; to de¬ fine s powers; to provide for its government, and for othe" purposes therein mentioned, was read the second timetnd referred to a special committee of seven. T3 following bill was read the second time, and referred to •© Committee on Agriculture and Internal Improve- mei- . bill to amend an act to incorporate the Memphis Biach Railroad Company, and to grant certain powers ar privileges to the same, and for other purposes. .'he bill to incorporate The People's Savings Bank & list Company of Savannah was read the second time jd referred to the Committee on Banks. The House, on motion, adjourned until 10 o'clock A. m. -morrow. 232 JOURNAL OF THE HOUSE. Thursday, 5uly 28,1870, 10 o'cltck a. M. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Dr; Brantly. The call of the roll was dispensed with. The Journal was read and approved. Mr. Rawles moved to reconsider so much thereof as relates to the action of the House on yesterday n sustain¬ ing the decision of the Chair, adverse to the adaissibility of a resolution to seat the Representatives elecfcfrom the counties of Irwin and Telfair. The Speaker decided that the action mentionetwas not subject to reconsideration, being nothing more kan the expression of an opinion. Mr. Shumate desired to appeal from this rulinjof the Chair. The Speaker ruled that such an appeal would bin the nature of an appeal from an appeal, and thereforcould not be entertained. \ On motion of Mr. Darnell the following message^ his Excellency the Provisional Governor was taken unread and referred to the Committee on Finance, to-wit: \ 1 Atlanta, Ga., July 27, Iff). To the General Assembly: \ It appears, from an examination of the books oike Penitentiary and the report of the book-keeper, W. George M. Lucas, that there is now an outstandina. debtedness, amounting to seven thousand, seven huncH and thirteen dollars, and ninety-seven cents. This inda. edness has been contracted since June 1, 1865, and in i main is due to merchants in Macon, M'lledgeville, August Atlanta and Murfreesboro, Tennessee, for merchandA and provisions sold to and used by the Penitentiary u to the time of its lease to Messrs. Grant, Alexander I Co. A portion of it is due and unpaid to the counties q Chatham, Greene, Lee, Marion, Macon, Muscogee, Ran! dolph and "Walker, for transportation of prisoners to tin THURSDAY, JULY 28, 1870. 233 Penitentiary. The remainder is the amount due and un¬ paid to the guard at that institution and contractors for wood and hides. The State of Georgia is indebted to the Penitentiary in the sum of four thousand three hundred and fifty-five dol¬ lars and eighty cents ($4,355 80). This debt is for work and repairs done by convicts on the State House and Ex¬ ecutive Mansion at Milledgeville, and for work done in the construction of a county bridge across the Oconee river at Milledgeville, under a contract made by the agent of the State of Georgia with the Inferior Court of Baldwin county in 1866. The State has received full consideration for the amount of this account in the repairs of these buildings, and from the cash received from the sale of $14,000 of Baldwin county bonds for construction by convict and chain-gang labor of said bridge. The State realized from the sale of said bonds about eight thousand dollars in cash, or its equivalent. The counties of Cass, Charlton, Catoosa, Crawford, De¬ catur, Gordon, Sumter, Stewart, Thomas, and "Whitfield are indebted to the Penitentiary in the sum of two thou¬ sand eight hundred and twenty-seven dollars and thirty- five cents. These counties have received a consideration in the accounts charged against them in the provisioning and safe-keeping of prisoners sent to the Penitentiary, be¬ cause of the inadequacy for that purpose of the jails in these respective counties. There are no other assets of the Penitentiary considered available for the payment of its liabilities, save about three hundred dollars of notes and accounts considered good, now in the hands of attor¬ neys for collection. In view of the fact of this indebtedness by the State to the Penitentiary, and of the obligations of this institution to the parties before mentioned, I would most respectfully recommend that an appropriation be made by the Gen¬ eral Assembly of seven thousand dollars, or so much thereof as may be necessary to pay these debts, said ap¬ propriation to be disbursed by the late book-keeper of the 234 JOUBNAL OF THE HOUSE. Penitentiary, G. M. Lucas, upon his giving bond and secu¬ rity for the faithful disbursement of said money, he being also required to properly adjust and settle all the outstand¬ ing accounts, make a final balance, and close the books of said institution. I would also suggest that the accounts due the Penitentiary from the several counties enumerated be either remitted or the book-keeper be directed to pro¬ ceed at once to enforce their collection. These claims have been so long standing that a further delay of their payment will be a reproach to the credit of the State, and an act of injustice to the citizens therein interested. Bxjfds B. Bullock. The following^ message was received from the Senate, through Mr. Mills, their Secretary : Mr. Speaker: The Senate has passed the House bill entitled an act to set apart and secure the School Fund. And I am directed to transmit the same forthwith to this branch of the General Assembly. Leave of absence was granted Messrs. Strickland, Hark- ness, Bainey and Seale on special business; and to Messrs. Humber, Allen of Hart, Nisbet of Dade and Carson on account of sickness. Leave of absence was also granted Mr. Maxwell for a few days on important business, he having paired off with Mr. Bainey on the question of prolongation only. Mr. Carson, chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: The resolution appointing a joint committee to take into consideration the proposition of the City Council of At¬ lanta, etc., is duly enrolled and ready for the signature of the Speaker of the House of Bepresentatives. William C. Carson, Chairman Enrolling Committee. THURSDAY, JULY 28, 1870. 235 The following message was received from his Excellency the Provisional Governor, through Mr. Atkinson, his Sec¬ retary, to wit: s Mr. Speaker: His Excellency the Provisional Governor has approved and signed the following act, to-wit: "An act to set apart and secure the School Fund." Also " a resolution appointing a joint committee to take into consideration the proposition of the City Council of Atlanta," etc. The unfinished business of yesterday was resumed, to- wit: The report of the joint committee appointed to investi¬ gate the condition of the Georgia Penitentiary. A motion to adopt the report was pending at the ad¬ journment of the morning session, Mr. Bryant having the floor. He resumed discussion of the subject, and substituted for the motion to adopt the report a motion to disagree thereto. Pending discussion on this proposition, Mr. Shumate moved that the session of this day be extended to half past one o'clock, and that the House at that hour adjourn until 10 o'clock A. m. to-morrow. The motion prevailed. The unfinished business was resumed. Pending the discussion thereon, Mr. Simms having the floor, the hour of adjournment arrived, and the Speaker declared the House adjourned until 10 o'clock A. m. to¬ morrow. JOURNAL OF THE HOUSE. Friday, July 29,1870, 10 o'clock a. m. The House met pursuant to adjournment, the Speaker in the chair. Prayer by the Rev. Dr. Brantly. The call of the roll was, on motion, dispensed with. ' The Journal was read and approved. The unfinished business of yesterday was resumed, to- wit: A motion to disagree to the report of the joint commit¬ tee to investigate the condition of the Georgia Peniten¬ tiary. Mr. Phillips moved that the subject-matter under con¬ sideration be referred to a joint special committee of seven from the House and five from the Senate. Upon this proposition Mr. Shumate called for the pre¬ vious question. The call was sustained. The main question was put, and the motion to refer pre¬ vailed. Mr. Turner, from the committee to superintend the fu¬ neral of Hon. Malcom Claiborn, deceased, made the fol¬ lowing report: Mr. Speaker: , Your committee of arrangements in relation to the fu¬ neral of Hon. Malcom Claiborn beg leave to say, that the shortness of the time between their appointment and tte burial of the deceased made it impossible for them to alter previous arrangements made by the colleague of deceased, and decomposition rendered it necessary to inter the body immediately. According to previous arrangements, the procession formed with the Rev. Peck, elder of the African Meth¬ odist Episcopal Church, who performed the funeral ser¬ vices, and proceeded at once to the cemetery, where were interred the remains of the honorable deceased. Respectfully submitted. H. M. Turner, John A. Madden, John Warren. FRIDAY, JULY 29, 1870. 237 Mr. Turner offered the following resolution, which was, on motion, taken up, read and agreed to, to-wit: - Resolved, That seats on the floor of this House be ten¬ dered to the Hon. Joshua Hill, the Hon. Thos. P. Saffold and the Hon. Phillip M. Russell. On motion of Mr. Shumate the rules were suspended, when he offered the following resolution, which was taken up and read: Resolved, That hereafter no member shall occupy more than thirty minutes in discussion of any question without the consent of a majority of the members present. Mr. Anderson moved to amend by striking out " thirty" and inserting "twenty." The amendment was not received. The resolution was adopted. The following message was received from his Excellency the Provisional Governor, through Mr. Atkinson, his Se¬ cretary, to-wit: Mr. Speaker: I am directed by his Excellency the Provisional Gov¬ ernor to deliver to the House of Representatives a com¬ munication in writing with accompanying documents. On motion of Mr. Hillyer the same was taken up and read, to-wit: Executive Department, Atlanta, Georgia, July 29,1870. To the House of Representatives: I herewith transmit to the House of Representatives the memorial of Rebecca B. B. Cohen and Perla Sheftall Solo- mans, asking relief and remuneration for reasons^ therein stated. In connection therewith I also transmit a copy of a mes¬ sage of my predecessor, Governor Herschel Y. Johnson, 238 JOURNAL OF THE HOUSE. bearing date November 23, 1855, who, after an examina¬ tion of the subject, was satisfied that the claim was meri¬ torious. I respectfully recommend such action by your honorable body as will insure justice to the memorialists, and fulfill the obligations that may have been incurred by the State. Bufus B. Bullock. On motion of Mr. Lee the foregoing communication and accompanying documents were referred to the Committee on Finance. The call of the counties being the regular order of the day, the following bills and resolutions were introduced and read the first time, to-wit: By Mr. Houston— A bill to prevent the carrying of concealed weapons. A bill to make the roads and bridges from the Isle of of Hope, across Long Island, to the main road on Skida- way Island, in the county of Chatham, a part of the public roads. Also, a bill to regulate common carriers in this State. By Mr. Goodwin— A bill to amend an act entitled an act to incorporate the town of Kingston, in the county of Bartow. Also, a bill to repeal an act to change the name of the county of Cass in this State, and for other purposes therein mentioned, assented to December 6, 1861, and for other purposes. By Mr. Franks— A bill to bring on an election in the city of Macon, and to amend the charter of said city. Also, a bill to allow bar-keepers to sell certain beverages on the Sabbath day. Also, a bill to amend section 3496 of the Code of Geor- gia. Bv Mr. Fitzpatrick-— A bill to alter and amend the laws in relation to the in¬ terest charged by the banks of this State. FRIDAY, JULY; 29, 1870. 239 Also, a bill to incorporate, the Planters' & Miners' Bank of the State of Georgia. Also, a bill to authorize J. 3L Harmon, of the county of Bibb, to practice medicine in the State of Georgia, and to collect his fees. Also, a bill to extend the corporate limits of the city of Macon; and the jurisdiction of the Mayor and Council of said city over said extended limits, and for other purposes. By Mr. Harkness— A bill to incorporate the Indian Springs Railroad Com¬ pany, and for other purposes. By Mr. Turner— A bill to appropriate the State Capital and the Govern¬ or's mansion, at Milledgeville, to educational purposes. Also, a bill to repeal " an act to amend the several acts, now of force, regulating the fees of magistrates and con¬ stables in the State of Georgia, so far as relates to the counties of Bibb, Richmond, Monroe and Lee, and to pro¬ vide for the mode of collecting the same, approved Jan. 22,1852; and the several acts amendatory thereof; and to prescribe the mode of collecting the costs in insolvent cases due magistrates and constables in this State. Also, a bill to add an additional section to the 9th divi¬ sion of the Penal Code. Also, a bill declaring certain persons husband and wife. Also, a resolution in relation to the appointment of a commission to reform, amend and consolidate the penal laws of this State. By Mr. O'Neal of Baldwin— A bill to abolish the Penitentiary system and laws of this State. By Mr. Bell of Banks— A bill to change the lines between the counties of Jack¬ son and Banks. By Mr. Rice— A bill to repeal an act authorizing the Central Railroad Clayton, Georgia, or some point on the Blue Ridge Rail- road near Clayton, by the most practicable route. Also, a resolution fixing the order of reading Senate bills and resolutions in the House. By Mr. Parks— A bill to change the county lines between the counties of Gwinnett and DeKalb. By Mr. Hall of Glynn— A bill to allow the Brunswick & Albany Railroad to cross the Flint River at Albany, Georgia, and for other purposes. Also, a bill to incorporate the Glynn County Marine Railway & Dry Dock Company, and for other purposes. Also, a bill to appropriate twenty thousand dollars, or so much thereof as may be necessary, to pay for printing and publishing done. 308 JOUBNAL OF THE HOUSE. Also, a bill to amend an act to aid the Brunswick act to incor¬ porate the village of Cave Spring, in Floyd county, which they recommend do pass. W. D. Hamilton, Chairman Committee on Corporations. The following message was received from the Senate, through Mr. Mills, their Secretary : Mr. Speaker: The Senate have passed the bill of the House entitled an TUESDAY, AUGUST 16, 1870. 355 act to alter, amend and add to the several acts incorpor¬ ating the town of Cartersville, and to make valid certain acts of the officers of said town. Mr. Hall of Meriwether, chairman of the Finance Com¬ mittee, made the following report, to-wit: Mr. Speaker: The Finance Committee have had uuder consideration the following bills, which they respectfully return, to-wit: A bill to be entitled an act to enable John J. Dickey, a disabled soldier of the county of Henry, to peddle without license in this State, which they return without recommen¬ dation, there being a law granting the privilege asked for to all disabled soldiers. An act for the relief of Herschel Dean, which they recommend do pass. A bill to reduce the per diem of the members of the Legislature, President of the Senate and Speaker of the House of Representatives, which they recommend do not pass. A bill for the relief of Thomas W. Fleming, former United States Surveyor, of Augusta, and his securities, which they recommend do pass as amended. A bill to be entitled an act to authorize the board of trustees of Glynn County Academy to issue change bills to the amount of one thousand dollars, which they recom¬ mend do not pass. A bill to remit the tax of Cobb county for the year 1870, which they recommend do not pass. An act to repeal an act authorizing the Central Railroad day relative to the renewal and extension of certain priv¬ ileges to the Central Railroad & Banking Company, waa made the special order for Tuesday next. Mr. Tweedy moved a suspension of the rules for the purpose of taking up a resolution in relation to the indorse¬ ment of bonds of the Cartersville & Van Wert Railroad. The motion did not prevail. The House took up the report of the committee on the bill to extend aid and lend the credit of the State of Geor¬ gia to the Memphis Branch Railroad Company, and to amend the charter of the same, and for other purposes. Mr. Parks moved to amend the same by striking out " twelve thousand " wherever it occurs, and inserting in lieu thereof, " fifteen thousand." Also, to amend section 5, by striking out " two hundred and forty thousand," and inserting " three hundred thou¬ sand." The same were adopted. The report, as amended, was agreed to. The bill was read the third time, passed as amended, and the Clerk instructed to transmit the same to the Senate without delay. The House took up the report of the committee on the bill to incorporate the Atlanta