GEOEGIA. 



353 



2. That the statement in the same letter to the ef- 

 fect 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 de- 

 famatory 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 

 Assemhly, President Trammell, of the Senatej is 

 entitled, ex-oMcio, as President, under the constitu- 

 tion of this State, to exercise the powers of the Ex- 

 ecutive 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, wliOj as former President of the 

 Senate, is now exercising the powers of the Execu- 

 tive 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 author- 

 ized to perform the duties of Governor was 

 not insisted upon ; but a movement was very 

 soon started, looking to the holding of a spe- 

 cial 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 No- 

 vember, in a message which set forth very 

 strongly the objections urged against it by all 

 who were opposed to the action of the ma- 

 jority in the Legislature. The constitution 

 declares that "the General Assembly shall 

 have power to provide by law for filling unex- 

 pired terms by a special election." With re- 

 gard to this provision, he says : " It was con- 

 templated that the General Assembly should 

 provide, by a general law, not for filling a par- 

 ticular unexpired term, but for filling unex- 

 pired 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 spe- 

 cial 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 indi- 

 cated ^ 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 guber- 

 natorial terms by a special election," when 

 he took the oath of office, the Executive duties 

 must be performed by him until the next regu- 

 lar election. He furthermore claimed that the 

 bill was unconstitutional, because it did not 

 conform to the provisions directing the man- 

 ner of making returns after regular elections. 

 lie also disapproved of the bill on the ground 



of the expense to be incurred in holding a spe- 

 cial 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 con- 

 vention 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 1 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 

 pur State in the hands of our own sons ; and whereas 

 it is not deemed necessary, at this time, to go into a 

 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 "wis- 

 dom, justice, and moderation." 



Resolved, That it is our fixed purpose to put down 

 corruption in all departments of the State govern- 

 ment, to clear the temple of justice of the money- 

 changers, to practise economy in the expenditure of 

 the public money, to elevate and preserve the pub- 

 lic faith and credit, to encourage education, to de- 

 velop the resources of the Commonwealth, and to 

 bring back all branches of the government, execu- 

 tive, legislative, and judicial, to the ancient land- 

 marks 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 de- 

 sire and purpose, as far as in us lies, to> preserve 

 public order, to bring to condign punishment all dis- 

 turbers of the peace, as well as all unfaithful public 

 servants, and to deal justly and kindly with all 

 classes of the people. 



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 th-e 

 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 

 loth 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. Nor- 

 wood 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 



VOL. XI. L'i 



