2. That the statement in the same letter to the effect that any known portion of the people of Georgia have recently denounced or ignored the Constitution of the United States is utterly false, and grossly defamatory of the people of this State.

3. That there is a vacancy in the office of Governor in said State, and that, in the opinion of this General Assembly, President Trammell, of the Senate, is entitled, ex-officio, as President, under the constitution of this State, to exercise the powers of the Executive Department during the continuance of said

Vacancy.

4. That a joint committee of two from the House and one from the Senate be appointed to wait on the Hon. B. Conley, who, as former President of the Senate, is now exercising the powers of the Executive Department, and communicate the third of these resolutions, and report what he may answer thereto.

Mr. Conley had submitted a message, which was very moderate and conciliatory in its tone, and the claim that he was not authorized to perform the duties of Governor was not insisted upon; but a movement was very soon started, looking to the holding of a special election for a Governor for the remainder of the unexpired term. A bill for this purpose was speedily prepared and promptly passed by both Houses. It provided in the simplest terms for an election on the third Tuesday of Decem. ber, and for the transmission of the returns to the House of Representatives. This bill was vetoed by Governor Conley on the 21st of November, in a message which set forth very strongly the objections urged against it by all who were opposed to the action of the majority in the Legislature. The constitution declares that "the General Assembly shall have power to provide by law for filling unexpired terms by a special election." With regard to this provision, he says: "It was contemplated that the General Assembly should provide, by a general law, not for filling a particular unexpired term, but for filling unexpired terms generally. No man can read this language of the constitution without feeling that it is a very strained construction, to say the least of it, to hold that it authorizes a special law for a special case. The language is unsuited to such an idea. The word terms' indicates clearly that a general law is meant, passed in view of the general public good, and looking to future vacancies, and not to one that has already occurred. The action now taken can only be called a law by courtesy. It is rather an order than a law, as is indicated by the constant use of that term when speaking of it in common conversation. It does not provide for future events, but for one past event." He claimed that as there was no law in existence for filling "unexpired gubernatorial terms by a special election," when he took the oath of office, the Executive duties must be performed by him until the next regular election. He furthermore claimed that the bill was unconstitutional, because it did not conform to the provisions directing the manner of making returns after regular elections. He also disapproved of the bill on the ground VOL. XI.-23 A

of the expense to be incurred in holding a special election, and the absence of any necessity for incurring it. The bill was passed over the veto, with very little delay, the vote standing 28 to 14 in the Senate, and 110 to 36 in the House.

It being thus determined that a special election should be held, the Democrats began actively to prepare for it. They held a convention at Atlanta on the 6th of December, and nominated James M. Smith, the Speaker of the House of Representatives, for the office of Governor. They also unanimously adopted the following resolutions :

Whereas, Power should ever be used wisely and justly for the benefit of those who confer it; and whereas there is a prospect for the first time in some years of placing the administration of the affairs of it is not deemed necessary, at this time, to go into a our State in the hands of our own sons; and whereas particular enumeration of our views and principles in regard to general politics: therefore

Resolved, That we congratulate the people of Georgia upon the prospect of securing an honest and faithful administration of their State government, and we declare it to be the universal desire of those whom we represent to secure good government, to live at peace, to pass wise and wholesome laws, and to have the same administered in a spirit of “wisdom, justice, and moderation."

corruption in all departments of the State governResolved, That it is our fixed purpose to put down ment, to clear the temple of justice of the moneychangers, to practise economy in the expenditure of lie faith and credit, to encourage education, to dethe public money, to elevate and preserve the pubvelop the resources of the Commonwealth, and to bring back all branches of the government, executive, legislative, and judicial, to the ancient landmarks of the fathers.

Resolved, That, as a Democratic Convention of the people of Georgia, we avail ourselves of the occasion to renew our adhesion to the great Democratic party of the Union, and to assure all men that it is our desire and purpose, as far as in us lies, to preserve public order, to bring to condign punishment all disturbers of the peace, as well as all unfaithful public classes of the people. servants, and to deal justly and kindly with all

The Republicans made no nomination, about thirty members of the Legislature of that party having published a card, advising them to take no part in the election, and declaring that in their opinion the law providing for it was unconstitutional, and no person could be legally elected. The election took place on the 19th of December, and Mr. Smith was elected with very little opposition. On the 12th of January, 1872, he was inaugurated as Governor of the State, and up to that time Mr. Conley had taken no steps to contest his right to hold that position.

The Legislature, which assembled on the 15th of November, continued its session until the 15th of December. Its most important action has been already noticed, but considerable general legislation was also disposed of, most of it of local interest only. Thomas M. Norwood was elected to the United States Senate by a vote of 27 to 2 in the Senate, and 127 to 24 in the House, and, when the vote was

consolidated in a joint convention of the two Houses, it stood 154 for Norwood to 5 for other candidates. It will be remembered that Mr. Foster Blodgett had been elected in 1870 to fill the same term, and it was claimed by the few adherents remaining faithful to him in the Legislature that there was no occasion for a new election. Mr. Blodgett had, however, never been allowed to take his seat, and in December of this year Mr. Norwood was admitted without opposition. A bill to repeal the usury law, and fix the regular rate of interest at seven per cent. when there was no definite agreement on the subject, occupied considerable attention, but was finally indefinitely postponed. An act repealing the law which permitted voters in the city of Atlanta to vote for mayor in any ward of the city, and restricting their suffrage to the ward in which they resided, was passed by a strong majority. An act was passed making it penal to sell spirituous liquors to minors without the written consent of their parents or guardians; but a bill which was introduced, and discussed at some length, allowing a married woman to recover damages from a liquor-dealer who supplied her husband with liquor when in a state of intoxication, was indefinitely postponed. The subject of public education occupied some attention, but no material change was made in the existing law, though much fault has been found with its practical workings. The State Teachers' Association submitted a memorial, suggesting a number of important changes, and it is very likely that the subject will receive a careful consideration during the present session (1872). Measures were taken to secure the benefit of the grant of land made to the State by Congress in 1862 and 1864, to aid in the construction and maintenance of an Agricultural College. An act had been passed in 1866 accepting the grant, but nothing had been done toward securing the practical result intended. Now, however, a bill was passed appointing an Executive Board to receive the scrip and locate the lands, and make a report at the next session of the Legislature.

Several acts were passed during the session which did not receive the approval of the Governor. That relating to the bonds of the State, and that providing for a special election, have been already mentioned. Besides these was one suspending a section of the appropriation act, which allowed the Governor a large discretion in the use of money for special purposes. In this case the veto-message was referred to a committee, and never reported upon. An act was also vetoed, repealing the laws which suspended the collection of the poll-tax for several years, but was passed over the veto. This poll-tax was the principal source from which funds were derived for the support of common schools, and its payment had originally been made a condition precedent to the exercise of the electoral franchise. Another measure which incurred the Governor's

disapproval was an act repealing the law under which the district courts were organized. These courts, it was claimed, were expensive and unnecessary, and had been established for the purpose of supporting a large number of officials dependent upon the Governor. The repealing act was passed over the veto by a vote of 33 to 8 in the Senate, and 125 to 26 in the Lower House. Another bill vetoed by the Governor was one reducing the per diem of members of the Legislature from $9 to $7.

A proposition made to the Senate to memorialize Congress to make compensation for losses incurred by reason of the emancipation of slaves was referred to the Committee on the State of the Republic, who reported the following resolution:

Whereas, The war lately waged by the United States Government against the Confederate States was, from the beginning of the year 1863 until the close of said war, carried on for the express purpose of emancipating the slaves, and emancipation having been received and considered by all parties as a result of the war; therefore

Resolved, That the Senate looks with disfavor upon the move, emanating from the Republican side of the Chamber, having for its ostensible object the obtaining pay for emancipated slaves; that public opinion nowhere deems such a result possible, and that no good, but, on the contrary, positive evil, would attend its agitation.

The resolution was adopted by a vote of 31 to 5.

The session of the Legislature is limited by the constitution to forty days, "unless prolonged by a vote of two-thirds of both branches. On the day before the expiration of the forty days, Governor Conley gave notice that he should not recognize the Legislature as a legal body after 12 o'clock, P. M., of the fol lowing day, which was Sunday. On Monday the two Houses met and passed a resolution declaring that, as the preceding day was Sunday, that day (Monday) belonged to the term of forty days allowed for the session, and then by more than a two-thirds' vote prolonged the session. The Governor claimed that the reso lution effecting this was subject to his veto; as it was not presented to him, he declared that the prolongation of the session was illegal. The provisions of the constitution bearing on this point are as follows: "Every vote, resolution, or order, to which the concurrence of both Houses may be necessary, except on a question of adjournment or election, shall be presented to the Governor, and, before it shall take effect, be approved by him, or, being disapproved, shall be passed by a two-thirds' vote." provision in this constitution, for a two-thirds' vote of both Houses of the General Assembly, shall be construed to waive the necessity for the signature of the Governor, as in other cases, except in the case of the two-thirds' vote required to override the veto." The Legislature claimed that, under this provision, the resolution prolonging the session did not require the Executive approval. The session continued for a few days longer, but no im

"No

There are 124,935 white, and 343,641 colored persons, ten years old and over, who cannot write; 220,053 are male, and 248,523 are female, while 21,899 are white males 21 years old and over. The true value of property is $268,169,043. Public debt, county, town, city, etc., is $15,209,212. Value of farm productions, including betterments and additions to stock, $80,390,228. Pounds of wool produced, $846,947.

GERMAN-FRENCH WAR. *At the beginning of the year 1871 France found herself in the lowest depth of despondency. The people of Paris felt discouraged in consequence of the failure of the sortie of December 21st, the abandonment of Mont Avron, and the temporary silence of several forts. The severity of the cold, coupled with the want of fuel and the steadily-increasing scarcity of provisions,

1870.

Continued from the AMERICAN ANNUAL CYCLOPEDIA for

added to the general depression. The news from the armies in the field was no less unfavorable. On January 2, 1871, Mézières surrendered to the Fourteenth Division of the Eighth Army Corps, and thus the Franc-tireurs lost their strongest support in the Ardennes, and the Germans obtained control of additional railroad lines. On January 5th Rocroy capitulated, the garrison of which place, after the surrender of Mézières, had withdrawn to Givet, leaving the defence of the fortress to the resident National Guard. On the other hand, the defeated Army of the North recovered more rapidly than had been expected. On January 2d, Faidherbe, with the Twenty-second and Twenty-third Corps, was stationed near Bapaume, between Amiens and Arras, and fell upon the Thirtieth German Brigade. General Goeben was reënforced by the Fifteenth Division and the troops of Prince Albert, Jr., before he could drive the French, after a