39002007269708 CL73 1 1872b '^^SlQS^ YALB UNIVERSm LIBRARY To THE People of Georgia. Siuce resigning the Office of Governor, to which a majority of your A^oters had called me, now nearly a year ago, I have kept si-. lent, althoiigh the partiza^h news papers have been daily §llcd with the most slanderous attacks upon my political -and personal character, and nearly ev ery democratic orator in the State and in the country, has been heaping the most unfounded abuse and calumny up on mc. ' It was a hard task to thus, bold my peace ; but justice to myself a,nd my po- liticial friends demanded that I should not engage in any undignified newspa-. per contQsts, or descend "to .personal ¦acrimonious debate with private in^i: riduals, , , ¦ It was clcahy my duty to endure in sileiice the odium 1jli9't 'was iii this inan- iier sought ib be put upon mb,' until, if cvei^ the only body which could assume lawfully to pass judginent upon my of ficial acts, i^hould have duly presented ¦ckarges against me ; and I have been cvSr ready to meet such charges so • made, and to prove by incontcstible ev idence, the perfect rectitude of all my o:fi5eial conduct or personal transactions while in office, This self imposed 'Si lence has pn]|^ been broken in. two in stances, and that during tho last month. The inducement in the one case being to sh'ow the injustice of holding Gen. G;raflt resppiisi^le for my alleged mal administration, and in the other case, ta notice the special notoriety which had beea giVcn to these allegations by Mr. Horace Greeleyi When tho General Assembly appoint ed ja. committeo, under resol|itions ap- proTed by my ropublica& sueoeasor, G-oyerHor Coaley, " to iavestigata tbe official conduct of Rufus B. Bullock," I hailed the appointment with pleasure, ahd I indulged the hope, (a vain hope as the sequel showed) that the time had arrived, andthe opportunity had at last arisen, when I might with propriety be heard. Accordingly on the very first day that the Committee met and organized, my Attornies, at my request, addressed the following communication' to its Chairman: • ' , Ati,ant.a, January 2, ,1872, Hon. J. C.' NrCHo'LLs, > Chairinan, &,c.' ) ¦ ' Dear Sir:' . ¦ 'Tie undersigned have been retained by Rufus B. Bullock, late Gover nor of Ofeorgia, as Counael td represent him be fore your Oommitte, in the investigation of his official conduct. 'W^^' ask • the privilege of ap pearing for 'thit purpose, and beg leave to state that we are instructed fey Govemoi! Bul}ock tp court the fullest scrutiny of his official conduct ¦while! acting'as (governor of this State. ' ¦Very Respectfully, GAETRBLL & STEPHENS, EOBEET ,H. BRPWN, Att'ya at Law. After a delay of ten days, my Attor nies received the following reply dated the Ilth of January, 1872. ., , j Georgia Legislature, Senate Chamber, ) Atlanta,, Ga-. .Jan^uary 11, 1872. 5 Gen.p L. S. Gartrell and E. H. Brown, Atlanta, Gi. ' Gentlemen : The' Committee have had under consideration your letter asking that you be al lowed to represent, as Counsel, Kufus B. Bul lock, before the Committee. In the o,pinion of the Committee such representation at this time, might serioMy embarass the purpose for which the inquest was instituted. You are notified tha^ the Cpnrmittee will cheerfully receive and consider any facts you may see fit to submit, germain to the work with which they are 'charged. The Comiiiitie« fcir' ther notify you that tbejr desire that.Bafua B. Bullock gome before thei% and. that th^y will pE^e^tSy hetir aad impa^tiaUy coasider any ex- planation of his official conduct that he may lay before them. Ve^ Eespectfnlly, J. C. NICHOLLS, Chainnan. JThus from the outset it became ap parent that r was not to be allowed a fair hearing bcfoi-ethis Committee, de nied the constitutional right of being heard by counsel, and cited to appear personally before them to explain .my official conduct — the Committee, tak ing it' for granted on the start, without investigation^— and. thus prejudging the whole matter— that. my official conduct needed explanation. . ', You will also observe that np specifj- ic charges are made in .the communica; tion of tbe Comniittee to my Attor nies, nor is any one or more of my official acts pointed out as being such as required explanation. Well does the Chairman say in his letter that to allow my counsel to ap pear before them on my behalf, and to cross-eSamine withfesses, and to intro duce rebutting testimony if deemed necessary — as they would have done had the request been granted — '"might '* seriously ernbarrass the purpose for "which the .z/igwesi was instituted," for it was "instituted" solely to manu facture political capital against the Republican f arty, to be used in the present campaign, against President Grant. Not only is such shown to be the fact from the grossly unfair and unjust manner in which they conducted their investigation throughout, but the features of such a purpbse are plainly seen in tbe very organization itself of this Committee. ' ' • ¦ > ' ^ It is composed entirely of my politi cal opponents. Not- one Republican or IJnion man was placed upon it. This gross and palpable violation of the usages which have always heretofore governed the appointment pf similar committees in, legislative bodies, wag necessary in order to eariy ojtit their purpose. . . ¦ ¦ ' it' will also be observed that the, ¦Chairmarv styles his. Cbml|^ittee as an "mgwesj.!;' Now the duty of an inves tigating committee is to hear hoth sides and to take th^ t^timbny, p'f ' appearing' by counsel, except upon the hy- ' poth,esis thai^ your honorable committee were- " waiting to find some act of ojEcial miscondnct "on his pirt requiring explanation. " Not having any notification to that effect, " we suppose no such act of official misconduct "appears, and should any be discovered we "again, in the digiharge of our duties as attor- " nies-afila^w for Gov. Bullock, ask that before "final action, we ihay have an opportunity of " disprovingby evidence any accusation brought " against hiniJ;, We trust your honorable com- " mittee will at once recognijie the propriety " and justice of this course, especially as wb '" are iiifdrmed that parties representing adverse '' financial intereste to oinr client and UiQ State- "have been allowed to appear accompanied by "counsel. , , j , - £liE^ NQTE.— My afctoro^s lisid been .inform ed that E. L. Jones,VCashier of, the Georgia National 'B'iik, had been' aocomiianied liefore the' committee by Col. L^ E. BKQcely, oonnsel /orhimself and his baflkj ..• :iuo' ¦; ¦ "Availing ourselves ofthe privilege awarded ¦*' by your letter, ¦#¦0 beg leave to submit for ¦' ' your consideration as 'germain to the work " with which your committee is charged,' " and as important to the financial interests of " the State, the following coTrespondence : Copy of a letter from E. B. Bullock to Gov. Cenley. / ¦ ' ' " ._. , ^ New Y&EK, Nov. 13, 187,1. 'His ExooUency, Benj. Conley : " , Dear Govebnob — I am in receipt of your -esteemed favor of the Sth instant, for which, thanks. I have alsp received a letter from Cashier Jones, a copy of which and my reply I hand you herewith. My reply to Mr. Jonoa covers the whole case except that it does not ex press the indignation that I feel upon this at' tempt by the bank to avoid responsibility for the amount due from them to the State, ]||^ tak ing advantage ofthe temporary public suspicion tmd clamor to throw additional odium upon me. No, sir; not one dime of State's mon^ ever was placed to my individual credit, and the amount 4ue Ijy the bank on the account kept by Scott is payable by the bank on your check as Gover- •nor, in the same manner as my checks as Gover- Jior were paid '-when funds were- traasferred from the bank to the State Treasurer from time to time, as it became necessary to keep him in funds to meet Executive warrau^. 'The laws authorize and direct the Governor to make the S^oans and the Treasurer has nothing to do with the account exce-pt to properly credit on his books and notify the Comptrc^Uer General of stKih amounts aa the G;Overnbr placed in hja 'hands. The book referred to belongs to ihb ¦ 'Governor and in the Executive Department and »o/ to the Treasurer, and from the indioationa of Mr. Jones' letter I think it important for my protection that you should /etain possession of it, as it may be of vital importance t(j niy of- 'fiei^l reputation to show by it the fads. I am ¦under obligaltions for yotir courtesy iii bringing the matter to iny 'uttelition, and ^hall ever be' ready to give allthe information in my power, ithat you May do me the honor tb ask for. Very respectfully yours, ¦ RaPDS B. Bollock. -Copy of letter from E. Ls Jones. Gbobofa Nationai, Bank, Atlanta; Gas, October SI, 1871-. Hon. E. B. Bullock : „ , , Dear Sib— Acting un;der instructions from our Board of Directors; Ihave this day charged (to your "special a.coouat'? the sura of $88,057.98, aa follows, vjz:, , . , ,. JJor credit of your cur rent account .¦ ¦. . f 50,'448 48 " ". pfH. I. Kim ball's account ,., 35,000 0I> ..' " Schaub & La,wton'a ,aote endaised by- you Due iindprot'd Aug.7, , $2,500 and ip't 2,609 50 '.. < ¦,• : '¦• •,.;, . . , : $ 3«i057 98 At your , credit provi- . , , , '¦ oualy , ,122,953 69' Leaving b^I. at jour- , credit of I '^.;, ,. ....% 3 of my predecessor. This statement is" made- from the records of this Department, aud from the best sources of information at its comina,nd,- and may be relied upon as being entirely cor rect. • Under the authority, of , acts ofthe Legislature, passed in 1868, there were issued by Governo:^ Bullock, to pay off the members of the General Assembly, and other expenses of that Wdy, and to meet the inter.eBt.due and. iinpaid, andJ the interest maturing on the bonds of this State return them on tfee ground that it is not oustom- up to February 1, 1869, $600,000 of seven per ary to surrender any securities until the account cent, currency bonds These bonds ¦ivere never is closed. intended for sale, hut were only to be used as Under the authority of the, act of September security for temporary loans, made to the State 15, 1870, there were prepared and issued three nu^ii such loans could be met by paymentsifrom million doUars. ($3,000,000) of gold bonds of lhe treasury. The amount borrowed upon them the State, having twenty years to run, with in- has long since been refunded, aa the books ofthe terest at 7 per cent, payable quarterly, in gold Treasurer will probably show, and these cur- coin. These bonds were issue.d for the purpose,' rency bonds, with the exception of two hundred as stated in the act. of meeting and redeeming and sixty eight, which were deposited in the all bonds of this State, .and the coupons thereon treasury to secure the School Fund that has now due, or when the same shall have fallen been used by the State for general purposes, due, and for such other purposes as the General have all been cancelled and returned to the Assembly may direct, and to take the place of Treasurer's office. the currency bonds that had been issued for Under authojrity of acts of the General As- t«mpotary purposes. sembly, approved August 27, 1870, Sept, 15 1870. Of these gold bonds there were placed and Oct. 5, 1870, two millions of dollars, (f_2,b00- in the hands of -Henry Clefrs & Co. 01)0) seven per cent, currency bonds were issued of New York, foi'sale aud to secure by Governor Bullock for the purpose of being us- advances made by them upon the ed as collateral security upon which to procure ourreneies and otherwise, , . .$1,760,000' temporary loans for immediate use, which lpa,ns There were plaopd in the hands' of ' . were to be applied to the objects mentioned in Eussetl Sage of New York, for the those acts. same purpose, '. 500,000 m^A.^ v„_ i„ „ ¦ » _ 1 J J There weie deposited in the Fourth n.vi % °, ? "^ T °1r\''' '"^'^°^.^^' ^°^ ^«r National Bank of New York, . 1 . . . . 300,000 ^! J^u £ f^f^-f- They were issued for the There were placed m the hands of Nimple reason that it reqnired some time foj- the a. 8. Whfton, of New York, ..;.... 100,000 preparation of the steel-engraved gold bonds. There were given to Mr; H. I. Kimball ' ' The distinct understanding with the parties to whom they were delivered was that ihej were not to be pla,ced upon the market at all, but were to be held simply as temppjary collateral for any advances they might make tj) the State until the gold bonds provided for in the act of Septeniber 15, 1870, could be prepared and sub stituted for them, and that as soon as such gold boilds were substituted, the currency bonds were' to be' cancelled and returned to this De- these gold bonds. The statement of the account partment. '¦ of Messrs. Henry Clews &. Co. with the Scatp, is ' . in the Treasurer!s office, and is open to inspeo- IJi© gold bonds were subsequently prepared, tion. The detailed statements of the other par- and were intended to be substituted for these ties have not been for\^arded to this office, but currencies, and to be used for the purposes pro- i have written to obiain them, and they will Tot tap purchase of the oapitol build ing, ', ......./ ..'.¦.. 250,000 There .'.were given tp Mr. Jphn H. J^'mes for the purchase of the Ex- executive marision ^ 100,009 $3,000,000 These figures account for the whole issue of vided for by the act under which they were is: sued. In|,,piirsuarige of the unders'fanding above mentioned, there have been cancelled and returned to this office probably be transmitted at an early day. ' According to the Treasurer's report for the year ending December 31, 1870,, there fell due during the years 1870 and 1871, . bonds of the State amounting to $215,000. The. larger por- ^* *!,„„„„, .„_» v.« j„ occn/i nm tion of this amount, tdgether with a part ofthe 800,000 The balance of these bonds are now held by the following parties: MeSsi-s. Clews & Co. of New 'York, have .J.. Messrs. J. Bobrman Johnston & Co.' of New York, have.., ,120,000 Russel Sage of New York, has 630, 000 The PuUo^ B,ank of BrookJyn has- . . 50,000 .$2,000,000 due, has been met from the proceeds of .these gold bonds, as also the '£15,000 sterling of bond s which fell due in 1868, and the £3^000 interest djie thereon. Large advances ha^ve also been made upon these bonds to .pay the iclaims passed upon by the Board of CpmijiissionerB appointed to audit claims against 'tte "Western and Atlantic Railroad, andto pay thfi liquidated claims pro vided for in the act. Notes of the 'Western & Atlantic Railroad for large amounts given for None'of the currency bonds can be considered the purchase of cars, engines,- etc", and falling as being in any way a'-claim against the State, due in 1870 and 1871, have alsabeen paid from because they ¦were cancelled by the substitution the proceeds of these gold bonds. An invest- of the gold bonds in their stead., I have writ- igating committee of your honorable body can ten to the various parties who now hold them, readily ascertain what has become of every dol- infprmin2:,them of this fact,, but they decline to lar that has been realized from the sale of these gold bonds. These gold bonds have all been pre pared in strict conformity with the law authori zing their issue, have been duly registered by the Comptroller-General, in a book kept for that purpose, and by him reported to the Treasurer in precisely the manner the act projorfbes. Under the. authority of an.act of th^. General Assembly,, approved October 17, 1870, tempora ry lithographed gold bonds to the amount of $880,000 were prepdred and issued and placed in the hands of the ofScers of the Brunswick & Albany Railroad Company, to be used for their temporary requirements itntil the regular steel. engraved gold bonds' of tbe State authorized by that act to be issued to the 'company could be prepared. These regulair steel-engraved gold bonds were soeu after issued, and the $880,000 lithographed gold bonds have.all beea cancelled and are now in the Treasurer's office. The act of Octpber 17, 18 lO, above referred to, authorizes and directs the Governor of the State to receive from the president or other ofticer authorized by the Board of Directors of the Brunswick & Albany Railroad Company, the whole issue of the second mortgage bonds of, said company, amounting to $10,000 per mile upon said Company's road, and amounts ing in the aggregate to the sum of t$2, 350, 000, and to pay ^aid , company for the same in the, bonds of the State of Georgia at par, bearing 7 per cent, interest, payable semi-annually on the first day of June and December in each y'esir, at lhe rate of $8,000 per mile, and in the aggregate amounting to $1,880,000, the principal sum of said bonds to be payable in twenty-five years, from the first day of December, A. D., 1869, and his Excellency the Governor, is anthoriJsed and directed vo cause said bonds to be executed iu due and legal form, and paid over to said company us aforesaid.''' Under the provision above recited, there-have been issued and delivered to the officers of the Brunswick & Albany I^ilroad Company one thousand eight hundred steel engraved bonds of the State for $1,000 each, having twenty five years to run, with interest a X per cent., paya ble seBii-annu'illy,' principal and interest paya ble in gold. These bonds have been duly i-eg- istered in th6 olfice of the Comptroller-General -and reported to the Treasurer. All of the sec ond mortgage bonds of the Brunawick the testimony, and deci ded upon their report. ' When they so decided, their report was as substantially made, and .''final action" as substantially had, as when it was laid before the legislature, al though tbe particular phraseology, and .set words of that malignant and slan derous document had not yet been set tled. If their letter of the 26th of January means anything, or has any value as a. response to the demand 0f my attornies for an opportunity to be heard, it can only be construed to be' a pledge that' they would suspend their judgment until after I had had the opportunity of cross-ex amining the witnesses and of introdu cing testimony^ either by the way of impeachment or rebuttal-. But, even if the committee had thrown the door wid^ open and per mitted me the fullest and fairest oppor tunity, of what avail would it have been before a tribunal which had al ready prejudiced the case. The letter of the committee of the 25th of Jan. was a subterfuge, ahd their offer to- disclose the names of witnesses a weak attempt to screen themselves from the odiiim of refusing ine the justice of a hearing. This is proved by the fact,. that months before my attornies were notified to appeir, the committee ^had decided the whole' matter. It was in March last that two of the members of 'this committee went secretly before- -a judicial officer, and there made oath, velopo the resources of the State, and that I had been guilty of official mis- restore' Georgia to the Union by enforc- sconduct, and that, too, in a transaction ing the right of every citizen,' irrespec- which, had the opportunity been given, tive of race, color or pre'vions condition 1 could, as ia every other case by the of servitude, to equal civil a,nd political most conclusive testimony,- havs'shown privileges, and thereby secure' for hp% myself wholly without bMme. These wealth, .prosperity and power. proofs I now lay before the people. I The Republican State Administra- have no other course left open to me., tion was inaugurated ip Georgia, July .ISrotvvithstanding. my. attornies were Te- 4,1868. At that date- the debt was fused permission to appear before the $6,256,635. < The increase of that debt committee and examine . witnesses in during my Administration, four years, my behalf, tJen'l Toombs was contin- was $4,800,000, of which $3,000,000 ually assisting ;this and other commit^ was for State expenses, pajment. of tees organized, for a similar -purpose, ante-war bonds, interost, etc., 'and $1,- putting words in the -mouths of his 800,600 for railroad- construction. So suborned and frightened, witnesses, and that instead of forty to fifty millions of generally furnishing the Satanic talent increase in the State debt by Eepubli- by which the committee was guided, can authority, there was less than five In the report which , the committee millions. The contingent liability ih- haVe caused to be printed, laid before curred during that period by State in- the legislature and widely distributed ; dorsement of railroad bonds on roads every particle of information rfeceived constructed within the State was $6,- by them tending to sustain the propri- 683,400. j- -ety of my official, conduct, all the evi- Georgia has "to sho'w' for ifnearij'^ ¦dence in that direction which fell from one million of her ante-war debt and the lips of their witnesses, and all the interest, redeemed and, canceled; ex- valuable and im,portant facts commu- popses of Constitutional Convrentiqp, nieated'to them in'writing by. myself, elections, legislation, fi-ee schools,- intec- and my attornies, have been suppressed est bn the public debt, new Capitol and and not permitted, to appear in their public buildings, new Executive Man- printed campaign document falsely sion, made necessary by the removal of styled the reportof a legislative commit- the capital* from Milledgeville to At- tee. The gross andunparalleled injus- lanta; additions apd enlargements of lice withiwhicih I have thus been treated asjlnms> etc., support ofthe public in- by this committee, and the failure of stitutions, oxer six hundred miles qf the legislature to take any- action upop. ro/ilroei^ that have been constructed their 'so-called report, forces me to ad- and put in operation within th^ State; dress myself, disrectly to the, people. and an increase of over jlfiy milUons ; I'do so with confidence,, firmly be- m thefltakie of ^rojperty; as shown by lie ving that, THE people of . Georgia the sworn returns of tax-payers, plac- -ever ready -to side with truth and jus- ing property at, their own valuation — tice, will hurl .^ck ppon these com- during the nearly four years of Kepnb- mitteemen, the injustice they have at- lican control. There was no increase tempted to heap upon me, and thatthe in the rate of'> taxation during my whole people, without 'regard to politi- term. cal opinion, .will, with the evidence be- Since then, Repudiation, com.^ined fore themj accord me the merit of being vrith the persistent misrepresentation honest and patriotic in my endeavors; of her financial condition, , for: selfieh ta perform my official duties, to de- and partizan ends, has within a few 13 months rained the credit of the State, eluded as not being competent testi- blasted her fair fame at home and mony. Four-fifths of the testimony, as abroad, and paralyzed every eflfort at printed and attached to the Eepprt, is- internal improvements. composed of hearsay and opinion only. Let the contrast between Georgia The remainder has no sort of C(>nnec- under my Administration, making tion with me, or bearing on my official rapid strides in prosperity — 600 mUes acts, except through hearsay and of railroad buUt and in operation and opiniod. The Eeport of the Oommit- hundreds of miles more in process of tee contains a, multitude of positive asr construction — her cities growitig with sertions concerning, which there is no Western rapidity-^fhe credit of the t^titaOny vyhatesver.' ' / . ; State not equalled by that of any other The reading of the testimony, as at- in the South, and Georgia to-day, dis- tached to the Eejxirt, is a complete- graced;' and prostrate, avitli the foul answer, to any candid reader; to 'the braii4 of Repiidiation sfeimped .iadeli;. unfounded statements of ' the Repprf, l^y upon her. Let this contrast b6 well Truly it was a piece pf unparalleled con^dered, and let the true authors; of impudence, a gratuitous aspersion on this calamity be h^d- responsible. ¦ the common sense ofthe people, to at- Watijee of the TEstwomr Against tacK the testimony to the report. ME, Airo How- 1* WAS Mauueagtubkd The Iiease Committee were more AKD Tajken. ., prudent, and show a better apprecia- Before entering upon a review ofthe tion ofthe intelligence ofthe people of specific chargfes- as set fort in the iUe- Geoi^a. That Committee printed their- port of the Cominitteei a few words Report and put it.in.a volume 6epa- npon the mode in which testimopy was rate from the evidence. , ,'trp th^t way manufactured, and how it, was taken . the majority, , who do not read, tbe t^ti- ¦ and r^x)rted, win serve to throw StiU : mony, are induced- to believe that fmrtber light upon the character of this everything said in the itfeport.is proved Committee and the motives by which in the evidentse. it was governed. ' In proof of the fact that the testi- The Committee employed no short- mony as temrted hj the 04niniittee hand writer. The testimony was taken with which I have to deal, is ffcuMed, in long-hand, by an incompetent clerk, the following correspondence is sub- Only such portion of the testimony of mitted. . , ; any witne^^s the Committee directed ¦ The following is a copy of a ^letter was taken down at all, and the Com- addr^sted by my; atpotaej to several mittee only dii?ected such- parts to be persons, together with some of the re taken down as thiey thought reflected pli^ .thereto: ¦ upon me. This was often done after • AtlaSta, Ga., > the witness had concluded; ,^nd.';from „.', .. J«ly 318^1872. 5 the meniOry of ith'e clerk. D*!-**' Sir^ Allow uie, as the attorney pf Eu- Tha f oatiVnnn V Tvfla "o-arbl^.d" svste- . ''"* ^- Bullock, to inquire if.yon baye read; yoni- Ihe testimony was garoiea ^J^^ testimoDj as TepoTteiaad-priaiei.byliiie.com- vaBAiQailj by the Committee, and tor- 'mittee ••appointed' to inye?tigat« hia official tared so, as, if possible, to maie.' it condnpt,'; and, jf so, toinquire if tjie'saioe.is criminate:me..- iWsAY and.oPi^o.., Te^fr^SrSltlef '^'¦"'^- ^ ''''^^'^: wken.reflectingtonmeormy.acte, were ', . Be?pectfiiUy:youra, i eievAted;tov tjie dignity of testimonjr^ - ..'; Robert a Beown,. and car^eHy recorded as evidence. - ; !. .;--', ^"°^"fJt*t«^T When howevL, '.'hearsay? or "opinion'*^ ^^.jr.'^b^o^^T^"' ^^'^^^l^''-^ was }p ni V. 1 favor, it was- always ex-,' DittRSis— In. answer to yottr ncte^of ^-^eoent- 14 •date, I will say that the report. of the evidence given by me, aa published by the committee, ¦'appointed to investigate the official conduct of Rufus B. Bullock, late Governor," is wholly in accurate, and puts words into my mouth I have' never uttered, and makes me say things which are hot irue in fact. Everything- to -whict I testified tending to show that Governor Bullock, in purchasing my pamphlet, acted in good faith to the State, has, it seems, been carefully excluded, while every other things to which I testified and -which, taken by itself, could be tortured into a reflection up on the Governor, has been grossly garbled and -carefully recorded. I could point out instances of this misrepresentation, if Aecessary, but I wDl confine myself to the general remark that the testimony as given by me, and the testi mony as recorded, are so dissimilarthat.no one could recognize them as identical. Truly yours, John L. Conley. - The writer of the abovC is a gentle man of the highest respectability and -character, and a member ofthe Atlanta bar. Atlanta, Ga., Aug. 8j 1872. E. H. Brown, Esq., • Attorney-at-Law, . , , , Atlanta, Ga. Dear SiR^n reply to your note of .the 31st ult., asking if the testimony given by me before the "Committee appointed to investigate the of ficial conduct of Rufus B. Bullock, late Goyer- nor of Georgia," is correctly reported, I will state, most emphatically, that it is not. Much of my testimony is suppressed or omitted, and much that is printed is so condensed that it does not correctly represent the ,facta detailed by me under oath. ' - ,:i. My evidence, as reported and printed by thd , committee, does injustice both to Governor Bullock and myself, in this that, it makes the impressio* that IJ as Secretary of the Executive Department, bad sole supervision of all; appli cations for pardon, and that the action of the Executi-ve was entirely governed by my" recbm- mendations. Such was not the ease in a single instance; neither is it true -that the Governor ignored the ori^nal papers containing the evi dence against the applicant, and if my testi mony had been fully reported no such inference could have been drawn therefrom. The facts related by me "to the ooHimittee are simply these^^thit I generally made a brief or analysis of pardon cases, submitting the same to the Governor, with all papers pertaining tjiereto, and would sometimes, upon my own inotion, and not by his direction or request, endorse "a good case," "bad case," or "doubtful^" and that his opihion and mine frequently, but not al ways, coincided. The brief or analysis was made to elieit tbe strong and salient points ia the evidence, and toese were then thoroaghly and carefully examined by him before aetioft was taken. L - Respectfully yours, R. H. Atkinson. , CoL. Atkinson served with distinc tion in, the army of Northern Virginia under General Lee, and is known throughout the State as a brave and courteous gentleman of the highest character. ..Atlanta, Ga., Sept. i, 1872. Hon. Robert S. Brown. DBAlt Sir — In reply to your letter Of a late date, requesting me to state if my testimony given before tbe committee to investigate the ofBclal conduct of Rufus B. Bullock, was cor-. reotly reported and printed by said committee, I -would say that the greater part of my testi mony is either suppressed or omitted ia the prin ted report, but how far the portion omitted may be material I am unable to state, not being fa. miliar with the points taken by said ccmmittee- Yours, truly, J. A. BttENS. The writer ofthe foregoing is a mem ber ofthe bar, and of undoiibted char acter and respectability. ; I might multiply the evidence upon - this point, but enough has been given to fully sustain the assertion made, that the testimony was maliciously "gariled" and distorted by the Com mittee. What testimony in my fav6r, and to what extent, has been entirely suppressed, of course I am' unable to ' ascertain. ..> "While the Committee like the Span- ' ish Inquisition, veiled their proceed ings in secreey and sat with closed doors rigidly refusing my Attorneys any copy of their proceedings or testimohy taken before them, and zealously exclu ding any -tvitnesses from being intro duced on my behalf, they at the same- ' time, filled the ears of all my acquain tances and friends with threats or promises, to induce them to swear agaitost me. Persons who had held positions under my administration w^re arrested, denied bail, and thrust into jail^ with a promise of pardon or immunity, if they would " bear fal^^ ' witness" against me. A. L. Harris, 15 after being subjected to nupierous ar rests, on a miiltiplicily of charges, and hia ability to give bail exhausted, pur chased exemption from further perse cution by committing the pei^ury that the Committee demanded. Other men who persisted in their refusal to per jure themsj^ves, now lay in jail, while Harris is at liberty and imdSturbed. These facts are notorious in Atlanta, and as day after day they utterly failed to find any evidence, of official misconduct on my part, their hatred ahd malice grew more and more vin dictive. It culminated in their Eeport, in which they say of me all they iQisThed to prove aqaiipst me, and which they uttetVy f(v\led to J^ove. Let any one who doubts thi?,f read earefully the tes-. timony as th^gy have reported it, gar bled though it is, and everything in my favor suppressed. This comniittee, in conjunction with the other comnnittees,. urged on by the venom of their common master. Gen. Toombs, inaugurated a reign of terror for the persecution of Eepublicans and TJnioii men. In order to do this with success, it became necessary to enact some Statute, which wbuld give a color of law to their proceedings, and enable them to use the machinery of subser vient courts. The plain, old. fashioned Kii Klux style, althoiigh more congenial *to their nature, they kpew from past ', experience woTj^d bring down upon them tlie strong hand of the , United States Government, so they with reluc tance discarded it and substituted an other method. In order that this sub stitute may be fully understood, I will give here in fall, the law which was enacted to- sanction their proceedings, and then discldse in what way they availed th^selvee of it. The laW itself will be a curiosity to Northern aiid Western nien. ISTo such Statute disgraces the Code of any civ ilized, or semi-civilized land, Christian, Hindoo or Mqhammedap. It is known among Eepublicans and Union, men as the " Persecutimi ActP Here it is in full. I have italicised certain.parta.to which I wish particu lar attention called, otherwise the copy is exact, word for word. AN .ACT ^' To Make it Penal to^ WitMiold Money or Personal Property belonging to tlie State of Georgia. "Section 1. Be it enacted by the "Senate and House of Representatives "of the State of Georgia in General "Asscm})ly met, and it is hereby cnact- ' "ed by the authority of tho same, "That if any person -having hereto- "fore fraudulently, or wroirgfully or ' 'illegally received any money or pcr- ' 'sonal property belonging to the State "of Georgia, shall refuse to pay oyer "said money or to deliver up said pcr- '^sopa! property, to. the Treasurer of "the State of; Georgia, upon ademiind, "of the same hy such Treasurer, or "agent; or if any person heretofore "having lawe-ux-lt received money or "personal property belonging; to the "State of Georgia and still withholds "the property of the State, as an ofti- "cerofsaid State, or oiJierwise ahall, "after demand upon;, him by the Troa- "sui-cr ofthe State Of Georgia, or his "authorized . agent, fail to pay said mnoney or deliver said ijersonal property. "to said Treasurer or his agent lOitUn "ten days after such; demand,, such per- "s,on.. so refusing shcdl he guilty .of a "fel©ny, an4 shall b? punished, .after "conviction, by confinement and labor "in the Penitentiary of the State of "Georgia for a term not less than one "nor longer than two years. "And if any perso'n shall hereafter "fraudulently, wrongfully or illegally ' 'receive any money pr personal proper- "ty belonging to thevState of Georgia "aad shall refuse to' pay over said "money or deliver up said personal ' 'property to theTreaaurer of said State * 'OF his authorized ^ent, upon a demand, "ofthe same by such, Treasurer or M?, "agent, or if any person shall Jwreaftev 16 "lawfuUy Tecci\o money or personal "property belonging to the State Of "Georgia,'»a'S' an officer of said State "or otherwise, and shall, after: demand "upon him by said treasurer or Ms au- ' 'thorized agent, fail to pay said money ' 'o5' deliver said pexsona^ property to said ' 'Treasurer or liis aiithorized agent, the "same being still ^the property of the "State; wUhin ten days after such demand, ''such person so refusing shall he guilty "o/a.FEiX)iJY, and shall bo punished, '>'aftcr conviction, by conflnemont and ' 'labor;in f ho Penitentiary of said. State "fijT a. time not less ; than one ne^r more "than two jrear,?. ,- ' , •* "Approved, December 14, 1871." ,Air that is required to place any one of my readers, who cither resides in or onaybe journoyingthrough the. State of Geojgia, in the clutches of this act, is for a member of o-ao'Of these investi gating oomniittee's, or any other person who. may feel inclined to do so, to make an affidavit that, as he is informed and believes, such person has received money or propert3' belonging to the State. The Treasurer or his agent then' makes a demand for the 'mone}^ or property, If the party making the affidavit saw fit to swear the money was unlawfully received, it must be paid at once; if- the affidavit stutcs it was lawfully received, you have ten days grace to pay it in. And in cither ea^ the failure or refusal to pay is a felony. It makes no matter what the amount is the result is the same, bo it large or small. Suppose the' amoVint is. quite large. It will "not do for yon to say you have never received it, or tli-at it is a larger sum than you did receive. You caimot take the ground that there is an unadjusted 'accdiint between' 3^our- self and the State,' and that you are ready to pay Over whatever baldnxx triaij be found due, if any.' Pay you must, ih the one case at oioo and in the other c'asc within ten day?. If you neglect oi' re fuse or fail in any way f o pay the amount domanded,' this' law, without farther pr4of,' declares you a'/eZow.. A warrant will, next i^S^TC against you as a felofi. and unless yon can give bail yon will be thriisl into jail as a felon along with felons." ' If you chahce to be a Republi can, a Union man, or no matter what your politics are if you are a Yankee, the probability, is you , will not be able to give bail. ,. ,, . ^.' ; , .. ¦ On the otherihand, if under this piscs- surftyou pay .th^, money,- although you' know you do not owe it — to whom do you pay it,? Why, to the State, which cannot be sue^d and from which you can never recover it back. You have no apptirtunity to subsequently show that the money was your owp and hot the State's. Payment* is confession Of crime. That fends it. So you see that under this law you can just take your choice of either bc- iijg plundered or sent to jaU as a felbh. That is all the choice ybu' have.- The prosecutions of Republicans tmder this Law since these committees have 'been in'sessiofi have been numecous. 'lAnd bail has been denied in miost eases, oi* has been fixed so high as to place it be yond the reach ,^f: the victim. Under this state of, things no person's liberty or property is safe, for the words "or otih^rivise" cxten'd the iaTfy over all per sons, whother they have held , official positions or not, ['*¦', The Code of Georgia has numerous and ample provii^iOns. for the, punish ment of persons holding any fiduciary position; official or otherwise, who wrongfully convert money or .'other property to their own use, but all these other laws' wore framed by persons who held to that old supci-stition that a party should be tried before conviction aiid-'was entitled "to a preliminary ex amination and a hearing in his owi. be half before being hold for trial Of course any such laws would not -answer th(5 purposes pf intimidation and pcpse- cution. It was, therefore .'that this act ¦was" adopted: — by whose provisions a pcrsph becomes a felon. by operation of law and by pro'v^ision of statut^o -without exainination, trial or hearing Of any sort. .. ,' ," ¦¦''': ,. .: ' ' ' ' '"' That this law has bkn anffl %M U ir being used for purposes of intimida-. tion and political persecution is a well known fact in Atlanta. Such is the feeling of terrorism that no one dares to openly denounce the outrages on law and justice which have been perpetrated under its provisions. In its operations it is ex post facto upon its face. Its constitutionality is more than doubtful, but long before that question can be decided it will have accomplished, as in the case of A. L. Harris, tho object for which it was enacted. H. I. KIMBALL. The whole report of the Committe is confessedly based iipOn one idea. - All the charges of official misconduct hang upon one point — the allied partner ship between H. I. Kimball and my self. The testimony utterly fails to dis close any act of official misc6nduct on my part, or to connect me in any 'ivay with any of the transactions claimed to be of a fraudulent nature, except by implication founded ilpon the assuhip- tion that s.uch a parth'ership existed. The Committee a'dmit this in their re-. port and devote considerable space, and exhaust the whole force of their logic to sustain this point. It is there fore evident that if it shall be found that there is.no foundation whatever in the testimony to support this alleged partnership, that the, whole Eeport ,must fall to the ground. The partner ship is the key-stone to this arch Of slander and vitupexaition, and with it the whole mass must come tumbling down to crush the contrivers. Let ns then proceed to examine into this mat ter of partnership, Let ug> see upon what proof it rests, and how the testi mony sustains the assumption upon which the whole Eeport is founded. The Committee in their Eeport inform us that, the partnership is proved by the testimony of A. L. Harris, G. P. Bur nett ahd E. L. Jones. ^ The testimoBy of these witnesses they ^_refer to as tlie basis on which they re ly, and indeed, if the testimony ofthe persons named does not prove the partnership then there is po proof of it, tor besides the testimony of these three, there is not to be found in their report, any other testimony whatever in re gard to it. I will therefore group together the whole of the testimony of these witness es, so that tli|^ reader may take in at ^ne view all We proofs of the alleged partnership.. When this is done the point blank absurdity of the charge will, no doubt, excite the surprise and indignation of every candid reader. It needs no quotations from the Law Eeports or from the decisions of the Courts to support the position that " hearsay is not evidence^ that " opvn- ion, is not testimony," and that " a wit ness must testify as to what he Jmows and'rwt to what lie thvnks." These propositions are too familiarly known to require my refering to tbe authorities. The following is the whole of ihe tes timony givefi upon the question ofthe alleged partnei-ship. It is quoted word. for word :*om the tfiistimony as repor ted and printed by the Committee,— The italics are my own, for the purpose of caUing particular attelition to t}.ie nature of the testimony. A. L. HjlKKIS, Sworn: Witness thought that the inj.ere6ts of Bullock and Kimball were iden tical. . "Me-does not Imow it. '¦ From this opixion he. THINKS Bullock interested in the Opera Hqupe purchase. Bullock never mentioned the matter to Tv-ltneBS. L^^ge 30 of printed testi mony.] '.".'¦ G. F. BuBNETT, Sworn: 'Witness thikks Gov ernor Bullock was interrested in all Kimball's atfairs, and thinks he was the princi^l partner in the concern. Slight circuhistances-viewed by themselves, connected together, convinced- wit ness that this was the fact, though hs does noi positively know such tp be the fact. Bullock was very active in getting the State to plirchase the Capitol buildin'g,!' and . THINKS tha^inthis, with all other of Kimball's^ operations, Gover nor Bullock was pecuniarily interrestetl. It, wonldb'e difficult for witness to give any one cir cumstance which taken singly, would go lar to prove the partnership; feut kckprs, circumstan ces and a great many things tended to tbis dj- 18 rection, and convinced witness. [Pages SI and lowers and admirers of Mr, Greeley, ^V^l"jon^s^'s"Z''"-'» . , , * m. Sumner and Mr. Schurz, who minessdoesr!otknow'that Bullock & Eiwiall ^Ould swear that the J think, all the were partners, though he has no doubt they charges made by them against u-en. were. They never told wihiess so, in so many Grant are trUCj and, that it is their opin- words, but they both" gave him to understand • j.u„j- tu„^ „^/^ xir jl -Prvunrltirl nnrl in a way that no intelligent man could fail to *»« that they are well loynd^d, and understand, that they were, Kimball saying, that the alleged '-^ar-toersA^p between after he had thus communicated the fact, to keep Uurphy Grant & Tweed in real estate mum.- George G.Cook, the father-in-law of i- j-j ; „„ln<-,T .r>.,riof "Wrvnlrl Kimball, also told him so, in the same manner, operations, did in reality exist. WOlUd » «* *¦* « « » any one outside ot a Lunatic Asylum, [Page 35 of printed testimony .H contend that On such testimony the Here then, you have the whole of it, president should be impeached and and it am,ounts to just this. Three removed? ^ men swear positively that they do not Suppose upon a trial in open Court, know that any such jpartnershijp exists, three, or three hundred persons should biit they ^Am^ so — simply this and swear positively that they do not know nothipg more. the prisoner at the bar, guilty, but that Had these witnesses been subjected they think he is, or that they are of the to the ordeal of cross-examination, o^'tcwot from " rMmors" (see Burnett'? what would hav6 become of even the .testimony) that he is guilty, what sane flimsy testimony ¦\yhich they give ? But jury would entertain, or what sane you must bear in mind that I was not Judge would permit such testimony to permitted even to know what was be introduced as evidence. Such an sworn to before the Committee, much opinion might disqualify a person from less to cross-examine the witnesses.^- sitting on the jury — and that is all. Yet as it is, I am perfectly willing to Truly this, 'Committee have found a let this boaste.d proof of the alleged new ride of evidence, unknown in any partnership stand. To xiignify such civilized country. Their candor and -i^stimony with the name, of evi- • ability in this particular, is only sux- idence is to insult the common sense of passed by their modesty and modera- 3n intelligent people, and to overturn tion in confining themselves to only all the rules of law and evidence. three ¦witnesses. If what people think upon a subject It is a matter of wonder to me, that of which they do not know anything is they did not offer the files of partizan evidence, why did the Committee pause newspapers, and the whole of their last content ¦with but' three witnesses. The year's slanderous editorials in testimony democratic newspapers for over a year against me, as proof of my official mis- have been charging me with all sorts conduct. of acts of official misconduct, and That testimopy would be just as there is no doubt that many well mea- good as Harris' aud Jones' and Bur ning, honest persons have been misled. .neVUs thoiights and opinions. The Oomnuttee, doubtless, could have I might dismiss the whole matter found fifty or a hundred of such per^ just here. There is no proof whatever sons, good sound Democrats too, wk* ofthe alleged partnership, and it is would have sworn that while they do therefore to be presumed that none ex- not know of anything against me, yet isted. According to a well-known rule they think and are ot the opinion that of law the " burden of proof " rests ¦with I have been guilty of acts of grpss offi- the Committee. I am not required to cial misconduct. Probably there might prove a negative: but I will not rest be found an equal number of the fol- here. I propose to prove the negative. 1 propose to give positive evidence that no such partnership ever did exist, apd in doing so wiU. by four witnesses con tradict point blank E. L. Jones, who is the main witness on whom the Com mittee rely. The following is a copy of a letter received by my Attorney: New Haven, Conn.. July 26, 1872. _ Eobert H. Brown, JSsq. — Dear Sir: Enclose'd please find two affidavits, subscribed and sworn to before me this day, the one by H. I. Kimball the other by George Cook, both of whom I have known for a period of years. Yours, &c, D. E. Wright, Counsellor. &c. The following are the affidavits re ferred to by Judge Wright: City and County of New Haven, ? . State of Connecticut. 5 Then and there personally appeared before me, Dexter E. Wright, a Justice of the Peace in and for said- city, county and State. Hannibal I. Kimball, who. is personally known to me, who being duly sworn, deposeth and sayeth that he has read the report of the evidence given by E. L. Jones, Cashier of the Georgia National Bank^. before certain commit- .tees of the Georgia Legislature. That this de ponent never at any time; or under any circum stances, gave the said Jones . "to understand" or reason to believe that Governor Bullock was a partner in business with deponent, or that Governor Bullock derived any pecuniary bene- £ts frorn the business transactions of this -de ponent. The deponent further saith that Gov. Bullock was not a partner of his, or of the firm or firms with which deponent was connected, and that tbe said Bullock was not pecuniarily interested «ither directly or indirectly, or contingently, ia the profits, benefits or risks of any of tbe finan cial or business operations of the deponent, or in the property sold by the deponent to the State, or in the proceeds thereof. And that the deposits raade by the deponent in his bank to the personal credit of , said Bullock were in re payment of moneys borrowed by deponent from the said Bullock and justly due him. The deponent further saith that neither as Vice President, Director or stock-holder of the said Georgia National Bank, or as an individual, 4lid he ever advise the said Jones, Cashier, to regard the account ofthe State with the bank as "one and the same" with the account of H. I. Kimball, H. I. Kimball & Co., Schaub & Law- ton, _or with the personal account of R. B. Bul lock,' and that each of these several accounts were kept separate and distinct on the books of the bank, and that no amount could be trans ferred from one to the other except upon proper checks duly executed, charged and credited. The deponent further saith that the charging of these individual accounts or either of them to the State was an unlawful and unauthorized act of said Jones. The deponent further saith that so far as his knowledge extends, Gov. Bullock had no inter est, or share, or pecuniary advantage in the lease of the State Road. That deponent's confidence in the ability of himself and associates to secure the lease rested upon the combinations which they had made to provide the security required by the lease law. . . The deponent further saith that the bo.nds of the city of Atlanta on the purchase of his Opera House were obtained from the OUy Treasurnr by deponent, for the purpose of negotiating a sale to pay off a mortgage upon and complete the title for the said Opera House to the State, bat that cireumBtances beyond the control ofthe deponent prevented the consummation of this purpose,, and that neither any portion of said bonds nor of their proceeds was ever in posses sion of or inured to the benefit of Govemo Bullock. The deppnent further finally states that he makes this affidavit of his own free will and ac cord, and for the sole purpose of preventing in justice being done to Governor Bullock by th©: misrepresentation of interested parties. (Signed) Hannibal I. Kimball. ' Sworn to and subscribed before me, this 26th day of July, A. D., 1872. (Signed) Dexter E. Wright, Justice of the Peace. State of Connecticut, ) County of New Haven, > County Clerk's Office. ) I, Arthur D. Osborn, Clerk of the Superior Court and ex-officio of the County Court, and authorized by law to certify the records of said County Court, within and for New Haven County, and keeper of the seal thereSf, and of the commissions of Justice ofthe Peace, Notary Public and Commissioner of the Superior Court of said county, hereby certify; That Dexter B. Wright, Esquire, was, on the 26th day of July, 1872, ever since has been, and now is, a Justice of the Peace within and for and residing in said county, having full power and authority by the laws of this State to take the acknowledgment of deeds and other instru ments, and to certify the same. Also, to ad minister oaths, to take affidavits and deposi tions out of court, and to give certificates therefor; and that full faith and credit may and ought to be given to his official acts and attestations; that the signature to the instru ment hereunto annexed, purporting to be his, I believe to be his genuine official signature; that I am well acquainted with hia handwrit ing, and that said instrument is executed, ac knowledged and duly authenticated according to the laws of the State. In testimony whereof, I hereunto set my hand and official seal of said county and State, on this 27th day of July, 1872. 20 (Signed) Arthi-r D. Osborn, Clerk. Copy of affidavit of George Cook. City and. County of New Haven, State of Connecticut. Then and there personally appeared before me, Dexter R. Wright, a Justice of the Peace in and for said county, George Cook, who is per sonally known to me, and who being duly cau tioned and sworn, deposes and says. That he has read the report of the evidence given before a committee of the Legislature of Georgia,, by E. L.Jones, Cashier ofthe Georgia National Bank, and that he- is the George Cook. father-in-law of H. I. Kimball, therein referred to. ¦ This deponent further saith that he never, either by words, signs or acts, gave the said Jones reason to understand or believe, or sup- psse, that Gov. Bullock was a partner of H. I. Kimball, or that the said Bullock was pecu niarily interested in all or any of the transac tions of said Kimball. , The deponent further says that he was the general manager for the said Kimball, and knew his every business transaction, and can, therefore, and does, assert, that there was. no partnership or mutuality of pecuniary interest between th« said Kimball and the said Bullock in the operations of said Kimball. (Signed) George Cook. Subscribed and sworn to before me, at said city, on this 26th day of July, A, D., 1872. ' (Signed) Dexteji E. Wright, Justice of the Peace. The following additional affidavits on tliis point .are also submitted : State of Georgia, ) , Fulton County, > Before the subscriber, a Notary "Public in and for said county, personally appeared James A. Burns, who, being duly sworn, doth depose and say. That his business relations with Mr. H. I. Kimball were of the most intimate and confiden tial nature; that said Kim'ball consulted with deponent in relation to all qf his business trans actions, both in general and in detail; that de ponent was familiar with all of said Kimball's business atfairs, to which he gave his entire time and attention for over three years, and that he has no reason to beli-eve and does not belie've that any partnership existed between said Kim ball and Eufns B. Bullock, or that said Bullock was pecuniarily interested in any or all of said Kimball's transactions; that the deponent's knowledge of said Kimball's affairs was so inti mate and confidential that no such partnership could have existed -without deponent's being aware of it, and, therefore, he confidently as serts that said Bullock was not and could not have been interested in any of said Kimball's business 'transactions. Deponent further says that the city bonds mentioned in his testimony taken before the ommittee to investigate the official condr.ct of Rufus B. Bullock were obtained by B. N. Kim ball from the City Treasurer, on the order of the Mayor, and were, by the deponent, put in a package and sealed up, and sent to H. I Kimball in New York; that said bonds were at no time in the possession of Gov. Bullock or in the Ex ecutive office; that said bonds were intended to be sold and the proceeds applied to the payment of the mortgage on the Capitol building, but that owing to the unforseen financial difficulties of Mr. H. I. Kimball and his failure in business soon after, said mortgage was not paid, but re mains among his other unpaid liabilities. Deponent is convinced that said Kimball acted dn entire good faith, and that had it not been for.his unfortunate and unexpected failure he would have paid said mortgage either by applying the proceeds of said bonds or other wise. (Signed) J. A. Burns. Sworn to and subscribed before mO) this 4th day of September, 1872. J. M. Patton, Netary Public, Fulton County, Ga. City Pro- nse to so much controy(Jr.sy and been the occa'^ion of so much personal de traction. ' . , It was a wise and beneficial measure of State policy. The road, in place of ffirt?.t irrdl^ce^Ifh^r A^"t\^^^^^^^ ^^-g - -u-« of expense and taxation, October 24, 1870. The proposals must state iu now yields a large revemie to the State, 24 makino- an an-o-reo-ate of *6, 000, 000 princl- and, after due deliberation and eonsideration pal, and, if intlres^t is counted on casfi pay- ^^'^Si^^^f^Z.^^^tjL upon^ty ments, it amounts to about ten millions paid definite recommendation. into the treasury d.uring the next twenty One of the attorneys favors the acceptance of years, with the further guarantee that the the proposed compromise, another, in view of -r«H ^ball be IfPTit in o-ond Condition and at ^^'^ uneertainties of litigation, favors the mak- lOad shall De kept in gooa conQltion ana at ^^ ^^^^ ^ compromise as the respective van- the end of the lease be returned to the Staje t^gg grounds of the parties in this case will war- In good order. This substantial cash benefit, rant, and another is opposed to any com- together with the fact that the road is taken promise. . - out of poUtics and can no longer be run In view of this difference of opinion which ex- as a noMcal machine convinced me of the i^ts among the attorneys; and also in conside- asa pomicai macmne, cwnvincea me oi ut. ration of a compromise and settlement which I wisdom and propriety of the measure. ^^^ informed has lately been agreed upon by This Road was built and opened between the authorities of the city of Atlanta in a case Atlanta and Chattanooga about twenty quite similar to that of the heirs of Mitchell ys. years ago, and up to the Ith of July, 1868, *^^ ^fe'"'^ ^^1 "^"tl". «^f.v«^^1'nn as'^on; -' , t' ' ,F i 1 J 1 duced to present the case tor such action as yonr under Democratic management, had cost honorable body may deem best, and I shall re- the State, not including wartimes, $2,- frain from any argument upon the subject, 165,273 more money to run the road than leaving the matter to your action with the simpk- it paid into the treasui-v. The Democrats statement of the facte in the c e as they arc, ^, ,, J 1 ', ,, ..: ¦„. • presented to me, and as I believe them to be made the road lose nearly three millions in correct. the twenty years last past, and the Repub- q^ ^j. g^^^^^j ^.^g y^g ^f ^he completion of the licans make it pay nearly tek^ millions Western and Atlantic Railroad, one Samuel during the twenty years to come. Mitchell, then owning large tracts Of land in Another charge much paraded in the and ab^ut the present locationo.f this city, gave Report of the Committee is the settlement of the CL.ilM of the MITCHELL HEIRS under an act of the Legislature. I have to the Western and Atlantic Railroad any un occupied five acres which they might select to be used as a terminus for said road. Such possession was taken by the State Road, but it was not found necessary to make actual use of the whole tract of land. By authority of read with great care the testimony reported the Legislature, granted in 1859 and 1860, a on this point, and cannot find anything certain portion of the tract was taken possession whatsoeL connecting me with the trans- ^,^:^:^^^r^^^ Z\^^ action beyond the tact that m a message to Mitchell against the Western and Atlantic Rail- the Legislature I communicated the propo- road for the recovery of so much of the said sal of the Mitchell heira. made by their at- tract of land as is not actually needed for,4he +/irnips tn pomnroTnisp and spttlV the Hti- parpose of the road. This suit is met by the .torniea, to .compromise antt seuie tne liu gtate through attorneys retained in behalf of gation then pending. _ the Western and Atlantic Railroad. The heirs The following is the ihessage, which is of Mitchell now propose to withdraw any fur- oiven entire, as this official act, together ther contest before the courts, and offer as a full with my approval of the resolution after- '^t':^X'St^\:°Stltlo^:ff.:il^^^ wards adopted by the General Assembly, is all that I ever had to do with this matter : Executive Department, \ Atlanta, Ga., Oct. 13, 1870. 5 To the General Assembly: A proposition for compromise, made by the attorneys of the heirs of Samuel Mitchell, in re- lation- r'ninmittpp for the consideration and action Of f our honora- of testimony taken by the Committee ble body. Rcms B. Bullock. showing that I had any further or more intimate connection with this matter. What I did do was no more than what If there was a single line of testiraony i , , .. i e ^ showing that beyold these two official was made absolutely necessary from my acts, the message and the subsequent otfaeial positioi^ . , v^ ^ , approval of the action of tiie Le^islar It was j my official duty to laj ture, I had anything to do with this proposition of the attorneys of the the matter, I would comment further upon heirs before the General Assembly. the subieff but as there is not nothing '^^^^ was done in a message, stating the S thSSS s"d\s tX tSony^ facts without argument for or against But awfew words are necessary as to the the matter and when the General Assem- Report ofthe Committee, and which is ^'h' sent the joint resolution to me for not testimony. It should be founded on ^Y approval, it waS approved because the testimony, but it is not. According there were no just grounds for a veto. to the Report— rruot the testimony — the compromise was fraudulent, the act of the Legislature was fraudulent, H. I. Kimball had an interest in the purchase, I was a pairtner 6f H. I. Kimball in everything— T^thereforc I was a party to the fraud and had an interest in. the property. But as the Committee have OPERA HOUSE. I now come to the charge of official mis conduct in connection with the sale by Mr. H. L Kimball of his Opera House to the state, to be used as a Capitol building. This charge divides itself into two heads. First. That I was pecuniarily interested failed to prove this partnership, and as in the sale— either as a joint owner of the I have proved that it did not exist, the building, or as sharing in the proceeds of the whole of this charge of official miscon- sale. , , i.. duct goes to keep company along with Second. That one hunared and thirty the alleged fraud in respect to the State Atlanta City Bonds, which were part of thF Road Lease and the other false and un- purcb^ price of the building paid to the founded charges made against me, state, and to be paid by the sUte to H. I. A joint special committee, consisting Kimball, as the contribution of the city of of three from the Senate and five from Atlanta towards the pmchase of the build- 26 nsed in the pnrohase of the building referred to, shonid be returned 10 the cU7 . , . , Raolvsd, that the loregoing proposUlon bo adopted and Rpread upon the minutes of the CouDcil, and a copy ofthe same transmitted to Hon. B. Tweedy, Chairman. Signed BYAN P. HOWJBLL,! ,A. MtJRPHET, [Oommittoe U. C O'KBBt'B, (of Council. V. DUNNING, j All Democ's PROPOSITION or H. 1. KIHBALI.. Offioe of H. I. Kimball, Atlanta, Go . July 27, 1870, Hon. W. T. MoArthub, Chairman— Dear Sir: Beply- ^ng to the inquiries ot your committee, upon what terms I win disp' se ofthe building kriown aa •¦Kimball's Op era H[ou?e," including all the - heating and lightln.? appa ratus, and all the furniture and fixtures in use by the in?, were fraudulently appropriated by me -^i\X'J^^pi«ilSs^'rdoltl^^^^^^^^^ to mv own use. ten acres of land within the corporate limits tliat „,, •' n _ , , . 1 J 1 may be seleaed by the General Assembly, to be nsed lhe first charge is unsupported by any for oapitoipurposeB- aUotommishfreeofcosttothe tP'?timonv wbatpvpr Tt rests entirelv UDon state, a mansion, suitable for the nee of his exce:lancy, lesil mony wnaiever. 1 1 rests en ti reiy upon ^^^ Governor of the state, for the term of ten years from the assumption ofthe partnership between Jan. i.ises. Theobject ofthe city, in beii^g thus liber- Mr. Kimball and my.se]f. As the committee fy'.X°JfLTrerthtef1,?e!'t!,°M™ *ttun have failed to prove this partnership, andthe case the Capltol should te removed from Atlanta, that T ¦ , ^ , '^ , ' • •. i_ J ¦ then the ten acres of land referred to should revert, to the JjCglslature, bv a large majority, have aeci- city— also the bonds (or their equivalent.) ofthe city, ded that there was no such partnership, ana as I have also nroved by positive testimony that no such partnership did exist, this charge falls to the ground. Nothing more need be said about it. That there is no more or any better proof of the second charge, will be plainly seen. — The evidence which will be laid before you, being almost wholly documentary, uan nei ther be questioned, doubted nor evaded. We will begin at the beginning. The re , - ,1 g. •. 1 . .-^ ¦. i? A it i' raius, ana all tne lurmiuru niiu. uAturt» iii uao uj luc moval ot the Capital to the city ot Atlanta ftate, in said building— also all flxtures in the Post Of- Ttiade the purchase of new public baildings «<». 1 have the honor toinform yon that i win scUihe 1^ r 1. 4 1 ^ entire property, ns before mentioned, for the sum of absolutely necessary. lhe city ot Atlanta three hundred and eighty thousand dollars, payable as .,l,„„ J „„,„ 1 1 „ j^ ««„„+;„ .«n,T/,»»»,n*,^ foUows : one hundred and thirty thousand dollars in the then and now, had a democratic government, i^ilSTo/ ,*. aty of jaam-,. and two hundred and fifty In order to secure the permanent location of thousand dollars in the seven per cent, bonds of the state the seat of government in that city, the council "^gtanld this be accepted, l pledge myself to return to agreed to extend certain benefits to the state the state the amount advanced me on account of the government— the principle among which was f^J^fj "f'flrtf.VOTr'Ksand'flveXntoTS^^ to donate thesuttiof 130 Atlanta City Bonds Having verbally explained to yonrcommlMee the cost /¦«.,«<.„ 1 , 1 ,\ T. ¦ J? andcouditionof thebuildingandfixtnros. Idonotdeem ot lilOwO each towards the purchase price ot it necessary to refer to thai matter in this communica- the Capitol Building, The Opera House tion. Hespecifuiiy Yours, owned by Mr. H. I. Kimball, was every way suitable' for a Capitol Building — was fully and finely furnished as such, and had been, and was then being used by the state for that purpose, under a rental. The entire suita bleness cf the building, and the desirability of its purchase has not been questioned by a- _ ny one, nor do the committee make any point enit'able'for thri use of His Excellency, tiie Governor, tor in that direction. The whole history of the *t'Xl'X S'thI p?oVos|i?5S'?f JhTS^strs Kim: pnrchase of the Opera House by tbe state ball for the sale to the-state of the Oapltol Building and ^ ... . iL f 11 • : ,. c fixtures, furniture, &0., be, and IS hereby accepted. Will appear ttom the following extracts trom 3. Retolvtd, That a committee of one from the Sen- — ¦ — . ~ ^ ate and one from the House of Representatives be ap. pointed to examine into the titles, and arrange all the details upon the bisis of the tiropositions of the Messrs Kimball, and the City Counfil^and on the application of said Committee the Govemor be and he la hereby au thorized to issue to the Messrs Klintiall, seven per cent. bonds or the statu, having twenty years to run, reserv ing in his poHsesslou a sufficient amount of paid bonds to secure the return to the state of the $54,500 paid by His Excellency, the Govemor, to the Messrs Kimball, and it Bhall ^ the duty of said Committee to see that the said amount of tS4,5U0 is returned to the state. Approved August 23, 1870. (Sec Public Laws of 1670. ) H, I. KlMBAia.. (See House Journal of Aug. 3, 1870, pa.gcs ?7&-277-) BBSOLCTIOH OV CENERAI. ASSBUBLT. A Kesolution in relation to the purchase of the Capi tol Building. 1. Resolved, That the proposition of the city of At lanta to donate theibonds of tho city to ihe amount of one iuindred and thirty thousand dollars, any ten acres of unoccupied land within the corporate limits of the city, and to furnish free of cost to the state, a mansion the public records — House and Senate Jour nals, and other sources. PROPOSITION OP THE CITT OP ATLANTA. OouNcii. Chamber, Atlanta, Aug. 1, 1870. " Hon. B. Tweedy, Chairman— Dear Sir : The Mayor and Council of Atlanta, desire to express to yon, and through you to the General Assembly of Georgia, an «amest willingness on the part of the city to fully com ply with the contract with the Constitutional Conven tion. Not only the letler, but the spirif, of this contract Bnt it was so brief as to be snsceptible of virions con- tructions-as has been evinced by the many discnsslons which have been had upon the subject Now therefore. to tlie end that this matter may be fully, finally aud satis factorily settled, the Mayor and tonncil are disposed to Tinder this resolution the Hon. Joel C. Fain, of the Senate, and Hon. Ephraiin Tweedy, of the House, were appointed a acoeedto the request of yonr, committee, and hei'eby Committee for the purposes set forlh in the 'respectfully propofe to donate, or issue one hundred _.„.i„i;-„ oTiif thirty thousand dollars in the ionis df tlie city, to be resOIUllOD. 27 Qn the said 23d day of August, 1870, this Committee made the following Report : To His B:(ceUency, Kupus B. Btiij.ooe, Govemor of the State of Geor^a. The nndersizned. a Committee appointed to examin* the title to the Kimball Opera Honse property, and to arrange all the detaUs of the transfi-r of said property to the state, upon the basis of the proposillons of H. I. Kimball and that or the city' council of Atlanta, bog leave to state to Ula Bxcailoncy, tliat they have examined said title andjind it perfect — a conveyance ofthe property has been made, and we therefore have the honbr to ask yonr Excellency to issne to said H. 1. Kimball seven per cent. bonds of the state of Georgia, having twenty years do run, to the amount of two hnndred and fifty thousand dollar^, and that your Bxcellency will reserve in yonr possession a sufficient amoimt of said bonds to secure the return to tne state of flfiyfour thousand five hun dred dollars paid by yon to said Kimball. We have the honor to be your Excellency's obedient servants. J. C. FAIN, of Senate, EPHRAIM TWEEDY, of House. EzzcuTivi DxPAKTMENT, Atlanta, Ga., April 23, 1873- I, J. W. Warren, Secretary of the Executive Depart ment, do hereby certify that the foregoinguopy of a re port of Hon. J C. Pain nnd Hon Ephraim Tweedy, t8|a traecopyof the original on file in the B?ecn|lve De partment. J. W. WARKBN, [L. S.] Seal of Ex. Dpt. See'y Ex. Dpt. It will be observed that with this whole transaction the Governor has little or nothing to do. The purchase and its terms are all arranged by and -between Mr. H. I. Kimball and a Committee of the Legislature. The resolut ion of the General Assembly, au thorizing the purchase, places the whole mat ter in the hands of a committee, who are to "examine ilie- title and arrange all the de tails," The Governor is not authorized to issue the bonds, except " on the applicaiion of said Committee." It is also made the _dutyof "said committee to see the said a- mount of 854,500 returned to the state." The committee is charged with this entire . business, and with the committpe the respon sibility rests. The whole matter was there fore left by me to the committee, and I took little or no part in the transaction. It was all arranged and perfected by and between Mr. H. I. Kimball on the one side, and the . Committee on behalf of the state on the ,? Other. ' The Committee reported that they had examined the title and "found it perfect," and directed me to issue the bonds, and weie satisfied that the $54, 600 had been return ed. That they were expressly directed in the resolution to "see td,"'and Mr. Kimball did in fact refund the $54,500, through the Fourth National Bank of New York, and the bonds to the amount of two hundred and fifty thousand dollars, "on the application of the Committee" were issued to him. The balance of the purchase money being $130,000 of Atlanta City Bonds, was paid to Mr. Kimball as follows: Office of H. I KiHBALL, Atlanta, Go., Aug. 25,1870. Beceived of the City of Atlanta, $3U,OUO of the bonds- which they have contracted to give the state in part pay ment for the Capltol Building. H. I KIMBALL. Office of H 1. KiSBALi., Atlanta, Dec. 31, 1870. Pebino Brown. Treasurer- Dr. Sir : On the pay" ment of one htmdred and sixty-six 60-nX) Do liars by Mir. H. 1. Kimball, please deliver to him tho balance of the bonds in your hands belonging to him. Being a total of onu hundred, less what has been delivered to him. Respectfnlly, WM. BZZARD,|yayor. Executive Depabthent, Atlanta, April 23, 1872 I. J. W. Warren, Secretary of the Execntivo Depart ment, dn hereby certify, tliat tlie foregoing copy of a re ceipt for $311,000 of Atlanta City Bonds, dated the -.:5th day of August, 1870- and the foregoing copy of an order , signed Wm. Ezzard. Mayor, and dalxid Dec 31, 1870, ar& true copies of the originals on file in the Bxecntive De partment. ' J. W. WaEKBn. [L. S.J Seal of Ex. Dpt Sec'y of Ex. Dpt. I HEBEBT 0EETiFY,that as City Treasurer, 1 delivered to H I. Kimball, en the order of Wm. Bzznrd,, Mayor, on, the 3l8t day of December, 187a, twenty-five thonsand dollars of Atlanta City Bonds, and that I had before that date delivered to said Kimball, of said City Bonds, se venty-live thousand dollars, making in nil delivered by me, aasaidOltyTreaBU'er, one hunt&ed thoosand dollars of said city bonds, pursuant to a resolution ofthe Coun cil, on account of the purchase of the Capitol Building by the state of Georgia. - April 22, 1872 . PEKING BROWN. Late Treasurer City, of Atlanta, Ga. (The original of this last document is in my posses' sion.) This accounts -for the whole of the balance of the purchase price of $130,000 in Atlan ta City Bonds, and it is conclusively shown- frora the foregoing documentary evidence that the whole of the, bonds in question were- drawn by H. I . Kimball from the City Trea surer upon the order of the Mayor, and that I had nothing whatever to do with the raatr ter ; did 'not receive and never was in posses sion of any portion of the bonds in question. Burns, in his affidavit, (page 20) says : the said bonds *'were obtained by E. N. Kimball from the City Treasurer, on the order of the Mayor, and were by the deponent, (Burns,) put in a package, sealed up, and sent fo H.. I. Kimball in New York. That said bonds- were at no time in the possession of Govern or Bullock, or in the Executive office." Yet these are the identical bonds which the- committee charge me with converting to my own use! The bonds belonged to H. I. Kimball, and were part of the purchase price- due him for the building. When he receiv ed the bonds, the purchase price was paid^ 28 and the state discharged from all liability. — The great point however, attempted to be made by tbe committee, arises out of the un paid MORTGAGF OH THE CAPITOL. It is here that they plant themselves most firmly, and congratiilate themselves most highly, as having found proof of official mis conduct. It was upon this, that on a perju ry prepared by Gen. Toombs, a warrant was secretly issued for my arrest.. The whole of the case as presented by the committee in their report, rests upon the fol lowing paper : 'Whereas, Heretofore a mortgage was made by me to thel^orth Western Insurance Company, covering what la known aa the Atlanta Opera Honse property, on Ma- retta and Forsyth streets, ia the city of Atlanta, to ae^ cure said Insurance Company in the'ioan to me of sixty thousand dollars, with Its intei-est, whicb said mortgage is still unsettled, and Whereas. X have this day conveyed said property to the slate of Georgia, in pursuance of .a contract heretofore -made between the Mayor and Council ofthe city of At lanta, the state of Georgia and myself, and it is a parly of ¦said' transaction that I am to protect the state of Georgia against the mortgage hereinbefore recited. Therefore, 1 hereby deposit with His Excellency, the Govemor of the state, fdr.the use of the stitte, a certifi cate this day granted by -the Mayor and Council ofthe city of Atlanta, whereby it l3 shown thst the state of Georgia i'a entitled to the bonds of said city, to the amount of oiie huodred and thirty thousand dollars: and I also hei-eby -direct His- Excellency, the Governor, for the use of the state, to receive of tho said city of Atlanta said bonds whenever thoy can be prepared, aud ho will hold said certificate and said bonds as security against said mortgage, and not deliver tbem, or either of them, to me, until said mortgage has been fully satisfied. Signed, H.l.KlMBALL- The following is a copy of the proceedings of the Common Council of August 23, 1870, authorizing the certificate referred to in the foregoing paper ! Atlanta, August 23, 1870, Called meeting of the Mayor and Council of tho city of Atlanta, Ga. Present — ^His Honor Mayor Bzzard and Conncilmen Duming, Howell, Fowler, Castleberry, Cal loway, Mahony and Mnrphey. On motion the following preamble and resolution was adopted. Wketeas, The proposition of this body made to the -state of Georgia to contribute one hundred and thirty thousand dollars in the bonds of the city towards tho purchase by the state of the Kimball Op^ra House pro perty, has been accepted by the state, without modifica- tioD. and Whereas, This body is not now prepared to issue said liondt, because it takes some time to have them gotten up, in-lieu thereof Be it Ordained that a' Cvrtiflcate be Issued by the ^Mayor, under the corporate seal, to the following effect, to wit : STATE OP GEORGLA, \ City of Atlanta, J To all whom it may concern .- The Mayor and Council of the city of Atlanta hereliy certify that there is due from said Mayor and Council td the slate of Georgia, the seven per cent, twenty years bonds of said city, to the amount of one hundred and thirty thoiilsand dollars, which said bonds said Mayor -and Council propose to contribute towards the purchase by the state of Kimi)all'a Opera Hous^ property, and ^hich-sald proposlltbo has bees accepted, and the purchase made,— said bonds are to be de Ivered to the nolder of this certificate, upon the return herertf ; and that he deliver said certiflc-ite to His Excellency, tho Govemor of the state, to be held by him, or H 1, Kim ball nnllli the bonds are issued. The above is a true extract froin the regular minutes of the City Council of the City of Atlanta, this April 25, 1872. S. -B. LOVB, Clerk rseal ] City Council, Atlanta. Had I drawn the Bonds on the certificate referred to, there might be some slight color for the charge made against me, but the fact has been shown that Mn Kimball drew the bonds himself, the whole of them, not on the certificate, but.ow the 'order pf the Mayor, Wm. Ezzard. This appears strange on its face, but the truth of the whole matter is, as has since been disclosed, that Mr, Kimball had & pri vate agreement and understanding with the city authorities, .respecting those bonds. An agreement unknown to inyself, or the Opera Hou3,eCommittee, at the time, and which was purposely kept secret. This appears from the testimony of Volne};- Dunning on page 22, 23 of the testimony, who swears to the fact, and that it was privately agreedbe- tweeu Mr. Kimball and tke city authorities, that Kimball was to receive but "eighty thousand five hundred dollar.', exclttaive of ten thousand tive hundred dollars, which had been paid for rent." Mr, Dunning was then a member of the Council.. Anthony Murphey,. also a mem ber of the Council, and Mr. Ezzard, Mayor of the city at the time, both testify to this secret iinderstanding, this private agreement between the city authorities and Mr. Kimball, by which the city was to pay an amount much less than one hundred and thirty thou sand dollars. The cerlifioate referred to, therefore, re cites a faleshood on its face, and was a "sham," and amounted to nothing, nor need we be surprised to find that pursuant' to this private understanding, Mr. Kimball, drjjfijgi^ whatever bonds he did draw, on the order.tof the Mayor, from the Treasurer of the city,n,- This was undoubtedly a sharp business transaction on the part of the democratic city council and Mr. Kimball, but it was something with which I, either as Governor or as an individual, had nothing to do, and was entirely ignorant of until it was dis closed in thiii investigation. It appears to me that this committee, appointed to invest igate my official oo'nduct, would much bettef 29 have served he public interest by taking (See also, on this point, H. 1, Kimball'^ steps to compel the city of Atlanta to make letler of July 26, 1872, to one of ray Att^ir- tliis crooked transaction straight, than by nies, page 34. ) bringing unfounded charges against me. ^ „,y be said, and.I am informed, has As appears from the affidavits of J. M. been said by manv, that I trusted too much Burns and H. I. Kimball, these city bonds in the integrity and financial stability of Mr were sent on to New York for the purpose of Kimball. Well, if 1 did, that is not a crime, paying off the mortgage— and the reason nor was I at all singular or alone in placing why that was not done, also fully appears confidence in Mr. Kimball. He stood very from the same affidavits— Mr. Kimball owing high. The evidences of his financial ability to the persistent and malignant pei-secutions were visible on every side, and on almo.st of the very class to which this committee be- every street. Not only the stately piles of longs, failed in business, leaving this obliga tion, together with his other liabilities un paid. That is the whole story. That I ever had tbe bonds in my po.sses- _ f buildings which adorned and ?o greatly ad vanced the city of Atlanta, but far out, and all over the state, hundreds of railes of com- ., , pleted Railroads, all testified to his sagacitv, sion, or ever had any share of the proceeds ability and ener^ry. He was doing and had ofthe same, has not, and can not be proved, done raore to p'l-omote the prosperity of the On the contrary, iht proof is ample, that state of Georo-ia, to encourage tbe influx of such was not tbe case. _ capital so mach needed, and to add to the The Committe, with their characteristic ef- taxable value of property, than any one man frontery say in their reports, page 11, that or set of men had done for fifty years before*. the fifty-four thousand five hundred dollars Not only at Chicago and in the we.st, but in was never paid by Kimball, although there New England, aud also upon Wall Street is no testiraony whatever on this point. This bis credit was almost unlimited. He enjoy- $54,500 was not "for raoney drawn from the ed the fullest confidence of Bankers and Ca- treasury" by Mr. Kimball "without any au- pitalists everywhere. It is not strange then, thority of law," as stated by the committee, that I also looked upon him with coufidence It was for money paid Mr. Kimball for heat- and regarded him as a gentleman entitled to ing, lighting aad furnishing the Capitol build- tho highest credit. If any teraporary loss has ing for the use of the General Assembly. — resulted to the state through Mr. Kimball, The seats on which they sat, the desks on those who like Gen. Toombs and the stuff which they wrote, the heat that wanned and out of which these committees were made, the gas fixtures which lighted the, building, who with persistent malice sought his ruin, The committee knew this, and are guilty in both financially and otherwi.se, are to be this particular, of a wilful and deliberate aud blamed ; for it is my firm belief that had ' malicious raistalement. They also knew or Mr. Kimball received that encouraoeraent might have known, if they had taken the and assistance which, in the midst of his trouble to inquire, thatthe raoney was re- great enterprises, would have been eheerfuily ¦ funded by Mr. Kiraball. and without stint awarded him by people The state having purchased the entire whose political and sectional animosities did building, together with the furniture, at an not blind them to tbeir best interests, he estimated price; it was agreed that Mr. Kina- would have honoi ably fulfilled all of his bu- ball should refund the raoney which he had siness engagements and have successfully been previously paid for the furniture, &c. This he did through the Fourth National '.Bank of New York, and that bank, in its account, icndercd the State Treasurer, on the 1st for finished all of his vast scheraes of internal iinprovement to the manifest prosperity ofthe entire state. But he was guilty nf three crimes, he was a northern man, a New Englander ol January, 1871, gave the slate credit and a llepublican — that was quite sufficient the amount. It is hardly possible that to iJi-ing down upon him the entire i/ara. If the committee could have been ignorant of others of enei-gy, wealth and ability, warned this fact, so easy to be ascertained frot* re- by this example, now shun Geoi'gia as an cords on filu in the very building in wliich "infected district," it is not to be wondered this "Inquisition"' held its secret ses^ion-^. at. Just so long as tbe men and tbe senti- 30 ments that wrought the desolation of war, are permitted to control public affairs in the state, in opposition to a majority of her citi zens, just so long will the best interests of the people be trampled imder foot, that the mer cenary and malicious purposes ofthe rulino- clique may bo satisfied, it is already semi officially asserted that witiin tbe lust year, owing to the action and control of this clique, all public irapi-ovements have been checked or abandoned — no new ones have been start ed, and "that from ten to twelve thousand emigrants have moved out ofthe state, while not over six hundred imigi-anfs have corae into tbe state." The.9e twelve thousand per sons have taken away wiih them, property and .money to tho value of, say $bOO each, makiug an agregate loss to the state of six millions of dollars, wit..in the last Tear. Such are the deplorable results of the recent change in the political coctrol of public af- ff^irs in Gcoro'ia. PRIXTI.VO. The committee seem to think I w-as rather too •extravagant in the matter of printing public docu ments— but when the bills come in for tlie print ing of the voluminous and useless reports of tive investigaling committees, it will be found that my administration will compare to great advantao-e in this respect with tho present one. ° It is true, 1 published a good many Proclama tions, but the numerous Ku Klux outrages aud murders, committed by that portion of the Demo cracy, of which these committeemen are fair re presentatives, made them necessary in order to -uphold the law, protect life and property and if possible lead to the detection of the guilty parties. The New Eka, a newspaper, was bought by John Rice. It was the organ of the Republican Party, and it had the State printing, by election of the Legislature, just as the Constitution news paper now does as the organ of the Democratic Party. These important I facts are all that is es tablished by the testimony of eight witnesses, an.d the committee ought to be congratulated on the ¦results of their investigations on that point. [See pages 89, 90, 91, 92 and 93 of printed testimony.] There is no evidence whatever, that any unlaw- fulact was done by the Nkw Era, or by its pro prietor, editors or business manager, or that other than the rates prescribed by law, were paid for the work done by that establishment. And while the committee attempt to be facetious at the expense of the newspapers throughout the State that pub lished Executive orders and proclamations, they do not dare to charge that there was any ao-ree- Eent, understanding or requirement whereby those papers were to be controlled by me in their politi cal sentiments or expressions. THE PENITENTIABT. There are some thiiteen pages of testimony re lative to the management of this institution, the sum total of which is, that during the eailier days of my administi-ation,.some of the officials at the Penitentiary were charged with appropriating to their own sse a portion of the supplies and furni ture, provided for that iuslitution. if the Com mittee had not hedged themselves in with secrecy and proceeded "exparte," the fact would havo been made as apparent to them as it is already ¦n-ell known to the public, that every one of the officials named by them were removed from office by me. The committee are also very careful to abstain from mentioning in their report upon " tho otKcial conduct of R. B. Bullock," that it was un der his administration, and by Republican author ity, that the Penitentiary, for the first time in tho history ot the State, was made self-sustaining and the con^-icts transformed fi-om consumers into pro ducers. Under Democratic control, since Ihe or- gainzation of the Penitentiary, that institution had been a tax upon the Staite ot one or more hun dred thousand dollars annually. Under Repub lican authority, the labor of the convicts was hired to contractors, who paid all the expenses of tbeir care and keeping, and made their labor beneficial to the state at large, in the construction of much needed railways. The poficy inaugurated by me, under Republican direction has been so successful that the Penitentiary from being an annual ex pense lor a large sum from the tax payers, is now a source ot considerable and reliable revenue to the Treaniry, in addition to the indirect benefits derived by the State from the results of the con vict labor, ATTOKNEV'a FEES. Under this head the committee present a large list Ot attorneys by name, and tbe amounts paid. The list has not the merit of being correct • but granting all that they claim, allithat need be said is, that the legal gentlemen earned their fees, and by their labors saved the State amounts g eatly in advance of the sum which was paid lor fhem It remains to be seen how much the expenses rL K P^f «""°.°'' "" informed the House that in the end it would reach tr. tho thTs"um°tot*af<;?r- .'^^-¦--^ nHoubttha tne suin total of legal expenses foolishly and un wisely incurred by the present administration wHl mit!ed'°hv7h™°"' '"¦?¦ ^"' '^' ™'^1 fauU a'sld- mitted by the committee, is that the attornevs Tn ;ft,'"^^°^J'^ by a Republican adminSom nU?n o/ hfl*^^' '^ '^^ ''^S^' f""^ ^'=i'=h they cJm-- e nor thev w m T""''"^ ^^ " Democratic Gov ernor, they would have considered such fees as \ltZonT'''\\Tr' i» anote atlachel to stiiciures tfr^! ^-^ '^7 '"y ¦ " Tlio foregoing Mhlhfii K ¦ ^'' ¦"'lio went into the case of the f<^[ionof(jrovernpr Jenkins, &c.. &c » » « lawful an',?"""'*' ''¦! <=°'"'"ittee, therefore. It was rera^n Me^"""r"M:''''^''°' ^^overnor Jenkins to '' vifforo^is eff- t9°' 'f5 ^ Hoy', but it was a vigorous effort" " to subsidize" " the bar of ii the State " '-Jwithout the sanction of law or pre cedent" for me to retain Judge Hopkins and Col. "Wm. Dougherty in the same case. In the follow ing extract from their report [page 26] the com mittee admit the efficiency of my efforts to enforce the civil law, by employing assistance for tho prosecuting offlcers, and at tho same time exhibit their disapproval of such enforcement. The com mittee say: "The solicitors General ate solely charged with the prosecution of State cases, yet it appears that Bullock was so tender of the public morals, that he freely volunteered as prosecutor at the public expense. ' ' The cause for this burst of indignation, was the employment by me of detectives, and attorneys, fo convict the villians who way laid and assassin ated the Hon. George W. _Fish, a Republican Judge of the District Court. Need more be said on this point? The committee in their report make a great flourish about PARDOXS granted. Although there is no testimony showing anythin* corrupt in the exercise of executive -::lemenoy on my pait, the committee meanly in sinuate that a system of pardon brokerage existed. The testimony on this point is confined to that of two witnesses [see pages 88 and 89 of the testi mony.] The testimony of one -witness is badly garbled, and that of the other amounts to nothing. i will quote the testimony of these witnesses in full, as reported : R. H. ATKrNSON, Sworn : Witness had charge of pardons. It was his duty to prepare the salient points of the testimony, for the use of the GoTernor. Witness frequently indorsed his recom mendation on tho evidence, either for or against the pardon — which recommendations, witness thinks, were almost always followed. When the recommendations for pardons were made by members of the Legislature or <^ther prominent olficials, the pardons were generally granted as a matter of course." [Page 88 of printed tes timony.] The committee in their report say — [page 26 of report] " His Excellency in these oases took no cognizance of the original papers, and me believe invariably followed the suggestion of the Secretary aa to the propriety of exercising clemency. " Certainly the testimony of Col. Atkinson — which is all the testimony there is on this point — does not sustain the language of the report, al though tiie testimony of this witness is badly " garbled." ¦What Col. Atkinson did swear to was in sub stance — that I always did examine the " original papers," and that I did not invariably follow his suggestions. [See letter ofthe Col., page 14.] ¦ The testimony of the remaining witness 'A as follows : ^"JAMES Sherlock, Sworn : .. .-..Colonel Walton, Biglow, Dr. WBlis and other officers of te Penitentiary, were engaged in getting pardons for e convicts. If a man could get money he could get out, ' this was generally understood among the convicts. Some i3rf the convicts were pardoned who did not have the "^oney, but worked for the offioers afterwards, to pay what they had promised. Most of this class were negroes. [Pages 88 ond 89 of printed testimony.] Wow this testimony — being all hearsay — and no opportunity tor cross examination allowed — if it proves anything, Jmay tend to show that Col. Walton and Biglow and Dr. Willis were engaged in getting money out ofthe ignorant negro con victs, by improper representations and infiuences. There is nothing to connect me with it at all, and certainly the " opinions," or what was the " gen eral understanding" among the convicts, is no testimony against me. If there was any one pardon obtained through corrupt or improper influence, why does not the committee show it and specify it and prove it? 1 challenge them and all the wjrld to do so. The only c-ase specified, and on which the com mittee seeis to make a point, is the Long cai-e. Judge J. R. Parrott testifies in relation to this case, but his testimony only shows that he differed with me as to the propiiety of granting this par don; but Judge Parrott was not in possession of all tlje facts of the case. As this is the only case specilied by the committee, the facts respecting the pardon of Long -will be given in full, showing the reasons upon wliich my action was based, and when this is done my conduct will be fully justified, and the granting of the pardon found to be war ranted by the circumstance of the case. The application for this pardon was signed by two hundred and twenty-nine citizens of ' 'VYalker County, who had known) Long for a series of years — many of them from his childhood — and were familiar with the circumstances of the case. and with his character. Among those who signed the application for this pardon are many citizens whose character for integrity and honor is far above reproach, and well known to the people of the State at large.- This pardon was -also solicited by Governoi: Brownlow, of Tennessee, and by Hon. U. W. C. Senter, then Speaker of the Senate of Tennessee and since governor of that State; Hon. D. 'W. Nelson, Clerk of State Senate, Hon. S M. Hen derson, Hon. Jas. T. Griffith, Hon. John Ander son, Hon. L. M. Blackman, Hon. G. M. Bloomer, and Hon. M. C. White, all members of the Legis lature of Tennessee, of which State Long was a citizen. The facts in this case, as will appear from the papers now on file in the Executive ofSoe, are briefly these : . In the Fall of 1866, John A. Long, a citizen of Polk County, Tennessee, accompanied by J. C. Duff, (also a citizen of said county), went into the State of Georgia in pursuit of a horse which had been stolen from said Duff, who had employed Long to go with him and aid in the recovery of his property. The stolen horse was found in the town of Calhoun, Gordon County, Georgia, in the possession of a, man named King. Duff immediately applied to the proper civil authorities for legal process in order to obtain his property, but was refused, " on tho ground that there was at that time an ill-feeling existing be tween the Georgians and Tesnesseans. " The lawyers of Calhoun all refused to aid Captain Duff. During this time, and while Duff was thus endeavoring to obtain his horse by peaceable and legal means, the man King, who was in posses sion of the horse, told Duff that he had the lives of Long and himself in his hands, and that neither of the two could get out o.f town alive if he, King, said so. Duff and Long were compelled, under the cir cumstances, to abandon the idea of any legal means to recover the property, and were prepar ing to return to Tennessee, at which time a con versation en.sued between King and Long, the result of which was an invitation from King to Long to go home with him. Long accepted, and was told to ride this horse of Duff's. Long man aged to get away from King with the horse, and started back for the purpose of delivering the horse to its owner, Captain Duff. Long had not proceeded far when he was halted by three armed men, one of whom was Eckels, (the person after wards shot), who asked him if he "was not hunt ing horse thieves and stolen horses, to which he, Mr. Long, replied he was; when Eckols, with a revolver or a navy in his hands, said to Long : ' Sir, you look raore like a d d horse thief yourself than any I have seen.' Mr. Long, sup posing he would be shot, drew a pistol and shot Eckols dead." These were the facts of the killing. J. C. Duff, above mentioned, served with dis tinction as a captain in the 10th Tennessee Cav alry, U. S. A., and there were living within a lew miles of Calhoun two men who were formerly en listed men in his company. These men had identified the horse, and would have made oath that it was the property of Captain Duff, the cap tain having rode said horse for some two years in the army. Such are the facts of the case specially cited by the committee, all of which are on record in the Executive Department. John A. Long was a member of the Ilth Ten nessee Union Cavalry. He served for three years as such, and received an honorable discharge. He also served with distinction as a Federal scout in the Army of the Cumberland. His pardon was asked for by the Governor, and b.y all the execu tive and legislative officials of Tennessee, sup- iiorted by the recommendation of a large number uf the citizens of our own Slate. The bitterness engendered by the hostilities of the rebellion seems to have culminated in the alleged crime for which Long was convicted, and for which be had already served more than two years in prison, and I acteil upon the request of the Governor of an adjoining State, supported by the recommendation of the citizens of our own State, who foi-med the community mo?t interested in tbe case. The only (jueEtion involved is that of official judgment in the performance of official duties, and I am por- i'eclly willing to submit the case on its merits for the approval of my fellow citizens. The committee, in their report, say (page 2s): ¦• The papers in moFt cases are on fiU^ in tlie executive office, and as access can s,o readily be had to thera, we conclude not to swell the volume of this report with a detail of their contents." No, that is not the reason. You w-ould not be grudge the space or be afraid to ¦' swell the vol ume" of ',our report, if these documents told against me. The truth is, you did not dare to puUisli the le?liraony and recommendations upon which these paidnns-were granted. They would have given the lie to the unfounded _and slander- ov,=. uis-^rlion? of your repoit. and shown my official conduct as pure and unsullied in eveij case, as in that of Long. After a careful examination, animated with a malicious zeal to find out something which would disclose evidence of corruption, the Long case was deliberately selected as being the one which told the strongest against me. How perfectly justifi able and far above reproach must then have been my action in all the other cases. As to the number of pardons granted, the com mittee ai-e guilty of a most contemptible subter fuge. Tho oases are all numbered in consecutive order, and as reported by the committee, in a list begin at ] and end at 523. This would give the reader to understand that there had been granted 523 pardons, and an Atlanta newspaper,' in giving an abstract of "the report, says, speaking of myself: " He pardoned 523 cases." If you will look closely at the list, as printed. you will observe that every now and then one or more consecutive numbers are dropped out. On page 71, for instance, the numbers run 9, 14, 17, 18, 20. Here, then, are left out numbers iO, 1], 12, 13, 15, 16, and 19. These are cases where pardons were refused, but the committee makes no note of it. On page 72 the numt>ers run 24, 28, 29, 31, 33' 39, 40, 48, 49, 50, 57. Here num bers 25, 26, 27, 30, 31, 32, 34, 35, 36, 37, 38, 41. 42, 43, 44, 45, 4B, 47, 51, 52, 53, 54, 55, and 56, are omitted. It is easy in this way to count up 523. or any other number of pardons granted. The same trick is resorted to all through the list, up to and including page 87 of the testimony. This list so garbled, aud the te.'ilimony of the two witnesses above given in full, and the tes timony of Judge Parrott on the Long case, com prises the whole ofthe testimony on the subject of pardons, and it is on this flimsy base that is raised the structure of misrepresentation and abuse con tained in the report. The object nf the committee in iepi-e>enting the numtier of pardons to be so large is to ]irovide standing ground for their ora tors and newspapers who allege that the organi zation and operation of the infamous Ku Klnx Klan was necessary to protect society against the lavages of criminals pardoned by Radical officials. So far from theie being any laxity in the enforce ment of civil law under my administration, the most vigorous prosecution of all violators of the law was inaugurated, a uumber ofthe members of the Klan were arrested and convicted in the State Courts, and tbe horrid regalia in which they were captured was on exhibition at the capilol. That thw Klan llnally overthrew me I must admit, and ¦ that Georgia is now the safe refii.ne and asylum for members of the Klan from otiier States'who"! have fied from the federal authorities, is no fault.,- of mine. There were two peculiar classes of ca.ses falling. under review for pardon during^my administra tion, exceptional in their character, which largely idcreased the number of pardons granted. In almost all the cases, when a pardon waJ? granted for murder before trial, lhe indictments had been found before the late war, and some ot them during the war. In these cases material witn<'s,ans (less amounts paid for com missions and interest) was regularly deposited to the credit of the Georgia National Bank for the State account, in the manner and at the times shown iu my official report. The Bond Comiiiitloe say ou page 160 of their Eeport that "Mr. Kimball received ofthe Fourth Na- ^' ttoual Bank the currency bonds held by that "house and instead of returning them to the "State as cancelled, as he was directed to do "bv bis letter of instructions from Gov. Bul- "look, to be f lund on page 129 of our printed " testimony, he hypothecated $120,000 with J. " Boorman, Johnson & Co., and $50,000 with ^A. G. Johns, President of "Fulton Bank of " Brooklyn," and recived on both hypotheca- " tions money on hia private account." This statement is not true. I did not receive any currency bonds from the Fourth National Bank, neither did I ever receive from any other persons any bonds of ithe State, which were not issued directly to mo (1 1?y authority of law. ',.¦„ As agent of the State, and acting under the lette.' of instructions from Gov. Bullock, I sim- ¦'My requested the Fourth National Bank and Sfieasrs Clews & Co., to caneel and return the 'currency bonds held by them to the sta'e .Treasurer. I never saw or handled any of 'ithjise, bonds referred to by the Bond Commit- alee— and the loan made with the Messrs. J. .BqprmMU Johnston & Co. and the Fulton Bank '- were made for account of, and on the obliga tions of my firm and with which the State h-ad no connection whatever. The committee must ha-s^femisreporfed the testimony of these gentle men, given on this subject, for surely they »eould not have said that I represented those loans to be for State account. Mr. Johns I never saw; the loan was made with him for ac count of my firm through my broker, and I re member distinctly of stating to Mr. Knox in re ply to his i,nquirie3 that these bonds were issu ed to lhe iu payment tor the Opera House, w-hich was the f'lict. Het'erring to Ihe report of the committee to investigate the official conduct of Gov. Bullock on jiages 11 and 12, in siieaking of the $54,500 advanced to me by Gov. Bullock on account of furnishing, heating and lighting the Capilol building, and which by the terms of the sale 1 agreed to refund, they say, " Disregarding this " Legislative mandate ho proceeded to deliver "to ilr. Kibraall the whole amount ofthe bonds " authorized by the terms of the purchase, leav- ^'ing the $54.51)0 d.ue by Kimhall to the State un- '' paid." This statement is in every particular posi tively untrue, as can be proved by the commit tee's own report, (see page ISG) in the account of the Slate wilh the Fourth National Bank. The facts are that I paid thi.s $54,500 to Messrs. Fain & Tweedy, the Opera House Com mittee, by my check on the Fourth Kational Bank of New York, which check was accepted by the ct>mr;!ittce and by thera turned over to Gov. Bullock, at the same time they directed him to issue the bonds lo me. Subsequently and before mj' check wa.s used the Governoi- requested me to take up the chock of $54,.'300 and give him another check for $55,000, that being the amcjunt he had drawn from the Fouith National Bank, and he wished to re turn the same amount, stating that $500 of the amount he had paid to Attorney General Far row, and he would refund it to me, which he did. I accordingly took up the check of $54,- 500 and gave him one for $55,000, which amount was deposited to the credit of the State at the Fourth National Bank, New York, on the 2nd day of Dec, 1870. (See copy of the State's account with the bank ou page ISO of the printed evidence.) Tbe committee while showing the above amount as being placed to the credit of the State by me, attempt to show that it was money received by me on account of loans made for the State while acting as agent of the State- but the evidence shows th-at the deposit was made Dec. 2nd, 1870, and I was not appointed a.gcnt of the State until 3Iar recover the money and puaLsh the guilty parties. Con fer with liim at once. RUFUS B. BULLOCK, Governor. The only frauds which have been proven in connection with the road aro cf false bills audited by the Board of Commissioners, and in the.se oases the Board was imposed upon by the action of res pectable merchants in Atlanta, verifying the bills as correct. These transactions have no pfjlitical significance, and are in no manner connected w-ith my "official conduct," except in and so far as my action resulted in their (lisco,-ery and pro-iC- cution. But the Tennessee Car Company having failed to carry out one of tbeir lale con tracts with the W. & A. R. R., for the delivejy of cars, the committee pronounce it a "fraud," and seek to connect me with it because in the perform ance ot my official duty the con ti act was approved. In order to make apparent the desperate strait to which the committee was reduced when they adopted this as their only hope of reflecting un favorably ttpon my official conduct, the facts in the case will be given in detail. By the testiraony of John Rice it clearly ap pears that the Tennessee Car Corapany was not a "myth," as alleged by tho committeo. It had a real tangible and chartered being — and still more, it had actually h-ad transactions with the Stale Road, had sold and delivered the Eoad cars, and faithfully performed its contracts with the State Road through a series of years, under its several superintendents. To this Mr. Rice swears posi tively and of his own knowledge. He was a stock holder in and the President of the Tennessee Gar Company. The directors of the Corapany resi dents of Georgia, were John Rice, Campbell Wal- den, H. I. Kimball and E. N. Kimball. At tha same time that Mr. Rice was elected President, E. N. Kimball was duly elected at a, stockholders' meeting, General Manager. From the testimony of Mr. Rice it also appears that the operations of the Company were quite extensive, not only in Georgia but in Tennessee. By the Code, (see ,Sec. 975-4-.) it is provided that all contracts lor the purchase of machinery, cors etc.. e.vcceding three thousand dollars, are subjec to the approval of the Governor in writing. The s-arae section of the Code gives the Superintendent full power and authority to contract for and pur chase raachinery, cars, materials, etc. He is also clothed with full disoretioD, as to the necessity of such purchase, and the parties from whom to make purchase and with whom to contract. If how ever, the amount exceeds three thousand dollars, the contract is subject to the approval of the Go vernor. The Western and Atlantic Railroad, who.se equipment and rolling stock had been badly dam aged and crippled during the war — was in need of a number of new cars. Contracts were raade with vaiious parlies; araong olhers the Obio Falls Car Corapany, and this same Tennessee Car Company, which were promptly and faithfully filled. Accordingly, when the following contract was brought to me by the Superintendent of the W. & A. Railroad, for my approval, it was given without hesitation. Tbe Contract was as follows : Georgia, Falton County. The Tennesse Car Company, hy E. N. Kiniball, I^Iana- ger, and the Western and Atlantic Railroad, hy l-'oster Bladgett, Superintendent, agree as follows : The "Tennessee Car Company" are to furnish and (lelivcr to the V/estern and Atlantic Railro.ad, fifty bo.x ( ars of usual length height and width, with double roof of clear pure grooved, sheeting and flooring of matched pine, and made after latest patterns, thoroughly braced, trussed and ironed, for the price of $8.50 per car. The " Tennessee Car Company " are to commence delivering the cars at Chattanooga or Dalton within sixty days, and deliver all within ninety days. The TEiJNESsitE Car Coui- \ny. By E. N. KI.MBALL, Jlanager. ¦fitE Western A Atlantic Railroad, By FO,STEll BLODGETT, Sunt. Atlant.., Geo., Anril .'ith, 1870. Jvi.proved. RTJFb'S B. BULLOCK, Governor, and Ex-officio President W. & A. E. R. This is all the connection I ever had wilh this matter. It was but the perfbrmanco of a duty on my part, prescribed by the laws of the Si ale. The Committee, however seem to entertain the absurd idea that when the Governor thus officially ap proves of a contract, he guarantees its per formance. It is also alleged thai tfee whole ti-ansaction was a fraud; that fhe Company had ceased to exist; that the cars were paid for by the Superintendent, but never delivered by the Company. All this remains to be made the subject of proof before a proper tribunal. John Rice, however, testifies that "there was no publication of the disso lution of the Company ever made." Nor does it appear that it was ever dissolved, except eo far as that it suspended its business operations, Its charter is still in force, for all that appears in the testimony, and there is nothing to prtivent lis re suming ijusiness under the same to-morrow. The parties composing the company aro most of them perfectly solvent and responsible; and it appears to me that the public interests demand that some steps be taken to hold this Company to its con tract, which was and is a perfectly legal one, in case it has not been carried out. Tho Tennessee Car Company should l.>e made either to return the money advanced them on the.,[con tract, and re^ pond in damages, or fsiced to a specitfo perform ance. Certainly the atterapt to find official misconduct on my part because a company failed to comply with or carry out its contract with the Stale, can result in no benefit, either to the public, or to the parties who seek to do rae the itrjustice. The tax payers will not approve of a neglect to collect the amount alleged to be due from the Ten nessee Car Company, a responsible corporation, by any amount of slander the Committee may pile up against rae. There is more to be said, however, in regard to the Western and Atlantic Eailroad than this Com mittee will care to hear. So far, the subject of its detail management has been noticed, and the flimsy pretexts upon which the coraraitice sought to assail rae in conneclion with that management exposed. But' .an administration and a party is to be judged by the result of its acts and its mea sures in Ihe aggregate. The Western and Atlan tic Eailroad, judged in this manner, f'oims no ex ception to the universal superiority of republican administration when compared with that of its democratic predecessors in Georgia. The Western and Atlantic Eailroad, since its comi;letion and operation by the Stale, some tw-enty years a.go. has been known of all men as the great piize of political ]iat)-onag<', for which ]:arties contended, and w-ith which lhe successful party rewarded iis friends. The better i-nen of bolh parties ia times ante bellum havo sought to lemove it beyond the reach ot politics, but neither jiarly had Ihe moral cour age or patriotrsm to con.snmmato so desirable it, result, and it was not until after my inauguration and tho orgauiz-ation of a Republican Legislature that this great measure for tho protection and benefit of the tax-payers was perfected. This raatter has iilieady been : : of the committee. niinxswicK axd alhaxy koad. The following is a full slak-rneni of all Ihe facls- in this case, which will while elearly sbo-.ving that there was no fraud, fully justify my aclion in the matter. The following is a copy of a h-tler addressed tc me by tbe President of that Road : ;i9 BRUN^WI'-Tv AM> AfUANV K.MLROAD I'JMPA^Y. Atlanta, Ga., June ,', Kl PresidenC s OJJlcc. His E--scELLENfV, Gov. BUL1-U« s: : Governor, I havo just rclin-ncd from Xe-w York ¦n-lien'' I have an arran;;L'incnt for the ^tlOCl.¦^.^- iiil negotiation ol" the bonds 't this (.umpany thr. nit^'h a European Hdu--. Tho (.oiiflusion of tlie arraii;;<_-ui..-nt, however, uepcinl-^ upon the ability of this Cunijiauy \\ deliver tlie whole amount nf li'inds auihnrized t" h; issued by this Company. A\ thr lime our lir-tt mort^aL'.^ Itonds were IJr^t intrcJtioed ia Europe, sevn ami a Imlf riea-si'- civo thi' matter early atl<-nl ioD, a.s it i.s iiii|">i- (nnt I should have your decision with a-^ little delay as I•o•-'^ib^.^ I am, (io\'e]nor, ?\I'J^t reH]X'r-tfiil!v vonrs, JI. I. KI.\ill.ALL. Vresidcnt li. .V: \. \\. K. Co. Upon lb'' [ec."|iiiun of tbis V-\U'y !be \)\fi\\Q>^ it (.outaincd wn-; takfti inio serioii« con.sideritlion — ¦ tbe prnicctiun of the iiiU'iest ..T tbe ^^(ate being the :-oIe end in view. Tbe quc'^lion of wbat w'A.'A Diy duty in ihs emergency mi//iV/7ii u^.^re5i^/«-.;/,')'d, but the cuiiipanV ^^ ere unable to ^vas dLvidcd in this \\i^M: Jt was evident that if Ihe a^.-i-trmce reqiie.-led was rtCn-'d the .--tate would be compelled to take pos^es>ion of a road having ru) xrvsian ff^rniiiv:) -f.'Xfpl some ¦uaknoici'.. point in fJic phte for'.st. a road that could neither be operated to tbe advantage of tbe State, nor be sold lor ttitficient to secure it against loss. The road being the only security which the State had it was decided to give the additional ¦e, in the interest nf the ^tate, as well as this help required lo keep fh*-- corijoration from fail- ¦\', dofided to lav t};o ivi'oie matter before vo.i „t i . i t . .v i .• \v,Mi-r-i^,i,Pr;innn * "^^ *-% at lea^l loDg ei'ougli to ensiire the conipleiioa of tbe road to t-nch a jioint as would give it a ¦western terminal connection with other roads, and thereby a value stdficient to secure the State deliver but one million, wliieh necessitati-; an entirely new arran2:pment at this tinii-. You are no doubt aw^tre, that in making stiles of bonds abroad, after the ¦^amc laave once been offered by subscription, that it is ntee^- Bary to place them in the hands of a great many a;,'eiji,s who must actually have tlie bonds in hand for delivery. therefore, time is required by the principal house tr.ki'i.: the negotiation, to place the--e ?>^curltie.'n at various points in Europe fur sale, and (hey will not take the matter up without absolutely controlling the whole series. I ha therefore, in fh ' Compan}', and ask your co-'_>peranoD. The Road i- being pushed very rapidly in eonstmclion and will be open to Albany auly in Septeraber, and to Cuthbert and Eulaia in season for the cotton business of this year .surely, on or before Ihe first of January. The against lo>s in the event that the road had lo Iwi finally taken j o-^^e'^-ion of by (he State. Cyan act to protect tbe credit of ibe State in refeience entir*' grading is under contract and very nearly coni- pleted to Albany, and n^ore than hall d-'m'^ '>etw'_-pn Ai- my and Cuthbert, and alt being dun*; by good ami i^sponsible contraeiors who will push it r,'."pi<-ily. The ^0 its guarantee of tbe bonds of railroad com- ¦lun for the entire road ha-, been purchasea and enough panies. ajipruved Sei-t. o(>, 1^70. tbe Governor already deliver 'din Brunswick fo I.-iy the track west of -^as autboiizf^d '"to provide in svrh waun.'-'r o^ ('uihb'rrt ; a larjf amount of rolling stock i.-; now bein:-'- 7 7 i )¦ j-l • j j j^ j7 .-.* j nranufactuied and by ti...- fii^t of NoveniI.er the load ''« '""y ¦J"™ ¦"'0''* .^"''' "'« mteri'^l ame act I'lirther sa.\ ,-. "And he may, at his dis- ov. rcome than tlii.s. From the very looiiieut the work cretion, ?'.'\] the road so in default and ih eqiiip- wa3 coiumenced rival lines ;ind prejudiced persons have m,.Hts and other property beIon"in<; to Paid corn- been incessant in their eflorts to defeat its success. Thev .. ^ ,. .1 1- * I T 1 . have done this in the pr.,s, throuLh tho court.-, bV I''^"3 • ""^ '¦"'J Pom™ thereol. at pnlilic sale i.n. anonymous communications add_-;s;ed to bankers and i'"<^" manner and id such tune ri^ in hi~i judg- capitalist.^ in this country and m Europe, and hy every ment maybesf Subserve Uie i)ifeces( of the State. other means in their power endeavored to ruin, not only the value of the securities of the company but of tbe State, thinking thereby to break down the enterprise, Len:e the importance of the present negotiations. If Hero tbe c|uestion arose whether I f?houId ex ercise my discretion or "judfrnient" to ''bept Eubseiwe the intere.stfl of tbe Stale " by keepino this opporiunily to make sale of our bonds can tje em- the road from failing when partially completed. Of braced and taken advantage of, the State will be secured i„. :. en ,i . i n.-oir.tcn m-i .• indirmon ( ' ' .against any possibility of our company failing to com- «' " l'^" then, and e.\eicisc my judgment to make the best of it afterwards. In my against any possibility of our company plete the road or to meet its interest payments, with an . . unfinished road on our and the State's hands. If.onthe judgment the interest.s of the ^'ale cleaily de- contrary, you do not feel authorized to c-omply vrith our manded that the road should be sustained at requesis aud issue the entire amount of bonds author- i..„.,^ , ^.:i +i „ , , „ j... ™: i ^^„„, ..r,,^ Izell to oei-s,.r,ed, this company will be corai^lled to use ''^^^'*' ""''' "i" western terminal connection Its securities as collateral in "making temporary loans, w'as reacued. so that ll finally the State was arid ih'ji Ifi-k up a laru^.- .mount in rnargins, and at compelled to lake possession of the road for ' ¦ • „ . . . ... - . vould large atiu ii.'.i. lo'k op a r.^r-.i.' ,; ..ouul in miugins, aiiu ui c'^iupeiieu IO laKe possession 01 ine ]oau .high ratHs of interest. If forced to this policy the com- ;,, prelection it would hare a road that w tianv w ill do all in its iioHf-r to carry its work through, „,,^ , . ..^ i i c .u c.. . . -\ Wl feel it my duty to inform vou that it might result "Ot only beneht the people of the state at 1 in.so eml.arras,,iiigth.: comiany as to force it to fail to but at the same time afford security to the ri its bonds' The amount actually State for its aid. It was therefore decided to endor.'e ni°ct tbe mtt paid in and to be expended by the stockholders, is repr- s-snted by two million, five hundred and forty-eiudit tdiousand dollars common stock, and two million four buudred and twenty thousand flollars preferred stock, makin.: a total ..t' loul inillion. nine hundred and sixty- .-"igtit ilioo-^aud dolhirs. with the privilege of increasing ib^fle amounts as additional contructions may require. for and make exchange of bond.^ with the com pany for the road as far as Cuthbert, at which point, by connection with the road already in operation, the line fiom Brunswick to Eufala was practically as direct as the proposed line of the I therefore feel confident that in making this request Brunswick & Albany. The bonds so endursid "that it is a projiosiiion within ;the "Act to protect the and exchanged hoicever were not to be the prop- credit of the state in ref-rHnr •- ^¦+- ,.+...,^ ^r tv,^ , .. .. ^ ..,,... .-, bonds of railroad corajjan wuiiin ,iDe -\c>. IO pioLcci ujo u/i'-t excniingea noicerfi icere nvi to ue iiic piujj- ef.TKnce. to its guarantees of the gi.(„ f^f tj^g Brunswick & Albany Company, ex- anica, approved bept. 30 l«,o ^^J^ ^^; ^^^^^ ^^^ ^^^^ ^^^^^ ,^^^^ completed, but were If JOU aceeed to this rec|ucst, and tlie sale ofthe to lj( held in trust fcr the construction of the road. ^nds abroad is consummated, ol course the Treasurer c. ^^ , ^, . - ,, -r, - , r » iu this companv, Mr. Henry t'l •w.s. i f Xew York, will hold Lnder this arrangement the Brunswick ct Albany tbe entire proceeds for the security of the State and the road wa^ COmpileted and opened from Brunswick road, to be applied strictly to the construction and equip- fo Albany, and the iron supplied, and grading ment ofthe road, and this company will protect the , ;?„,* - - - - - "^ - = . itate against the pavment of int^ies' nearly, il not early, if not quite, completed to Cuthbert. about 40 lifty-iwo miles fiirlhcr, when the company failed and its President disappeared. My proclamation of October 2.'3. 1S71, was then issued, taking pos ses-ion of tbe road for the State and placing Col. Soriyen, President of the Atlantic & Gulf road, in charge. If there bad been in ray possession any informa tion that would lead me to suppose that the ofii cers of the B. & A. R. R. company were eilher irre sponsible or unreliable, the responsibility would not haye been taken of aiding the company in the manner stSted, but on thecontrary, there wasevery rea.son to believe that the officers of the company were in every respect worthy of complete confi dence and trust, and that the road could be com pleted under their control. The road was com pleted in September, 1871, and is nowin opera tion between Brunswick and Albany. I feel sitisfied that my action iu the premises was jusli- tied by the circumstances at the time in the exer cise of that ofllcial discretion which tbe laws and the constitution repose in the Executive, and that my action was for the best interests of the State. If the policy indicated in my proclamation of the 2.Sd of October, 1871, shotdd be sustained, the State would be in a vastly better position to pro tect herself from loss than she could be if the road had been allowed to fail and stop in June, 1871, before any western connection had been reached. Every bond issued to this company was regiilaily recorded as rec^uired by law iu the office of tho Secretary of Slate, and in the office of the Comp troller General, and by him leported to the Trea- Eurer. To show t':at in this, my confluct was such as was best culculated to protect the interests of the Slale and to advance lis prospeiily. the fact is adduced that l!ie boudholdeia and the heavy capitalists interested, including the Board of Diri'ctors of the Brunswick & Albany road, have been all the time ready and anx ious to .suppjly tho requisite amount of money to pay off the debts and rapidly e.xtend the con- struciioQ of the road and put it in successful operation between Albany and Cuthbert, and on to the Alabama line. This arrangement for the early extention of the road to Eufala, Ala., was nearly perfected, but the cry of ^'repudiation" was raised aud the enterprise was thereby brought to a sudden standstill. Had it not been for this shameful and ruinous repudiation policy adopted by these model Democratic reformers, this and other works of internal improvement would have been pushed forward and still larger amounts of foreign capital brought into tbe State. But when the State, after seizing the road hy virtue of the endorsement on ihe bonds, and holding it, repu diates the bonds and the endorsement, yet still holds the road with all the equipments and roll ing stock, and operates it, the transaction savors too much of wholesale highwo.y robbery to inspire contidence in financial circles, or give any imme diate hope or prospect of the extension of this or any other work of internal improve ment. There certainly can be no reason, eilher at law or in 'equity, why the bonds of tbis road should le tepiidi'ated. Tho bondholders have desired aifd been denied tK<^ privilege of completing tho road to the entire'sat- isfaction of the present State authorities. If this was allowed the State could sutler no loss, and the benefit confened by the opening of this line to tho people at large and the increase of the taxable value of property be very great. Tbe comniittee do not even charge that there was any fraud or coriuptiou iu my official conduct in indorsing and is.stiing these bonds, and there is neither testimony nor evidence that even indicates any improper conduct on my part. It cannot be said that the Brunswick & Albany bonds have been repudiated. because no road was built, for the road is there and is now running in the hands of a State agent between Brunswick and Albany. It cannot be said that the policy of State aid to railroads is not approved by these people Irecause this Legislature, which has voted repudiation, has passed a bill giving $15,000 per mile to the Atlantic & Gulf road for over one hundred miles of extension, to be built in Alabama ! The real object, purpose, and intent of this and other acts of repudiation by the Toombs Legisla ture is to cast odium and reproach upon a Repub lican Administration. Having no tenable ground upon which tbeir infamous proceedings could be .justified, they have accomplished their object by declaring tbe legislative acts of their predecessors '¦ unconalitutional and void," and shut the doors of our own courts against persons who may feel agrieved and doubt the legitimacy of their pro ceedings. The result will be to bring distress upon the State and upon their own heads the odium and reproach which they hoped to put upon us. But I will refer to this matter iu noticing the rejiort of the Bond fjommittee. C-VUTEKSVILLE i VAX ^yEI!T RAILF.O.VD. By an act of the General Assembly the charter of this company was amended while the road was being constructed so that tbe title was changed to " The Cherokee Railroad Company." Bonds of the toad under tho old title had been endorsed from time to time as the road progressed under the authoiity of Ihe statutes granting State aid to the company. When the act was amended tho company reorganized under the new title. The following is a cojiy of a letter on the files of tho Executive Depaitment: President's OmcE. Cherokee E. E. CoMrANY, 1 Jft- Atlanta, Georgia., July 7, 1871. j' J-K To His Excellency Rvjus B. Bullock, Governor of Georgia ; i' Dear Sir: I have the honor to inform you that th^ i Cartei-sville & Van tVert Railroad, by action of its stocky" holders, has duly accepted the charter as amended by aft*' act of the General Assembly of Georgia, approved A. D^s., 1.370, which said act changes the name of tho compansWp ' the Cherokee Railroad Company. The bonds of im Cherokee Railroad company have been prepared aad duly executed by the officers of this company, ready for indorsement hy the State, fhe bonds issued under the: '" title of the CarterSTiUe & Van Wert Eailroad Company ,: will be withdrawn and cancelled by this company. Yott will please endorse the bonds of the Cherokeo Eailropd Company, which I herewith hand you, at as early a day^'f^ as possible, and oblige, '' '^ Yours most respectfully, H. I. KIMBALL, President Chcrok.-e Railroad Company, late Cartcrs- viile & \'un 'Ti..:i; Railf.tad C'oicpTny. il tvCECLTIVE Dl-:riKTMj:N r ) .^tl.vnta, Ga., i-'t 1.. -J, I.<^71. J I, P, tv. Alciander, Secretary ot the K\ecutive De- oartment, do hereby certify that tlie forcg.ung and with in Is a true and correct copy of the original on tile in this Department. Given under my hand and seal ofthe E.K.^culive De- ~^^ paruueut the day and vear above written, frsl ISitJDWlJ P. \V. ,\LE.\ANfil.:i;, i. ¦ ; Secretary E.xt-cutivc Dcpt. Under this request of the company a total amount of three hundred thousand dollars were endorsed, sealed, and recorded. Tbe road was completed and is in operation from Cartersville to Van Wert, a distance entirely sufficient to cover this endorsement at the rate of twelve thousand live hundred dollars per mile, as fixed in the stat ute. It is now claimed, however, that the Trea surer of the Cartersville & Van Wert road holds the bonds issued under that tiHe as security against advances made by or through him, and that those bonds were not in fact "withdrawn And cancelled" by his company when the com pany issued other bonds under their new title of Cherokee R.ailroad. My action in the matter was based upon the official assurance of the company as giveujabove, and in that aclion on my part there is neither • fraud " or " official misconduct." The road is in operation and has wrought the beneficial efifecbs intended when the Legislature granted the aid. Trains run daily between Cartersyille and Van Wett, and the valuable products of the slate quar ries at that point and Rockmart find their way cheaply to Atlanta and a market. .-lAlNEKIDUE, CUTUEKKT * COLUJtBUS ItAlLROAD BONDS. The facts in relation to these bonds were well known to ibe Bond Committee, having been com- liiiinicated to them by my attorney. Tbe commit tee to investigate my official conduct were also in forraed in New Yoik of the facts in lelation to these bond.s. A more barefaced and wilful, as veil as malicious, jjervetsion of facts than the statement of the committee in^ their report it ia bard to imagine. The twenty-eight lines of their report on this subject contain nearly as many misstatements. These bonds are in fact not bonds — they neither have the great seal of the Stale or the^attestation of the Secretary of State attached to them. They .are imperfect and of no value. The committee fi^seimit this defect, but say: "For this defect in tfteir execution His Excellency is enlititled to no credit." Kow, the only reaA)n why these bonds were not seated and attested is because I gave an executive t'> order which rendered it impo.ssible. So that if j^;:' there is any " credit" attached the credit wholly 'aad exclusively is mine. 'M-. The following is a copy of an official letter to K.-Hon. D. G. Getting, Secretary of State : mi,'" Executive Department, State of Georoia, ¦! ((>¦•<'¦ New York, Aug. 23, ;371. j ;*Si>n. D. O. Colling, Secretary of Slate ; Dear Sir ; As I intend to be west for a few week^ and the contractors of the Bainbridge, Cuthbert & Col umbus road assure me that they will have enough of 'heir road completed. Ijcf.-re my return to entit'e them, to etidorsemenU, I have signed bonds of that comi)auy from 1 to 210. These bonds will not be completed until you have certilicsl my signature with tho Htato seal. This you will file<'\'- .not do nntit the engineer. Colonel Taylor, makes a wriUcn rcjiorl that the NC.Miil.'.K or miles namj.u* IN- the lilLL 1IA\ K 0|.:i..N eOMl'LETEU AND ARE IN OPEU- ATIO-V, Yours triilv. RUFUS B. BULLOCK, Governor. The committee are guilty of another gross false hood when, in their leport. they say H. I. Kim ball & Co. were enabled '-to palm" these bonds upon Jlessrs. "Kidd, Pierce i Co. as ample se curity for Ibe money loaned." The fact is that Kidd, Pierco & Co. took these bonds with a full knowledge of all the facts anrl agreed to hold them until enough of this road was finished to enable tbe bonrls to be sealed and allested by the Secretary of State, and thereby become endorsed by the State. Kidd, Pierce & Co., never considered the bonds as valid and never asked, or intend to 4Fk, tbe State to pay them. Yet with a folly most unparalelled and a criminal and reckless disregard of the credit of the State, the General Assembly has gone to the absurd length of passing a bill and going through the form of repudiating these very bond.s. thus staining the honor of the Slale by another act of repudiation, when in f.ict there was noth ing to repudiate — no money due from tbe State or claimed to be due by anybody. " Comment upon the facts thus succintly stated would be super- Huou.s." THE BOXnS IX GINEIJAL. There was a corarniltee of three Democrats. recommended by Gen. Toombs, specially aiiiioint- ed " to inve.stigale tbe bonds of tbe S^alo of Georgia issued ur negoiiuted since July 4, 18G8." Thii committee coreisled of oye on the part ofthe S>uate, and two on the part of tbe Ilous.e. Tbe ],erfect usele.ssness of this commillee was poinleil out by His Excellency, Governor Conley in hi.v ve;o of tho act providing for their a|jpointmPnt. Tbe act was, however, ]ia3.sed over his veto aud the committee appointed. The committee sat over sixty days during the rece.s3 of the Legisla ture, and examined a large number of witnesses. They also went on to the city of New York and took testimony theie. The result fully justifies the ground taken by His E.xoellenoy, the Gov ernor, in his veto message. The committee was a useless one. The large expense consequent upon its appointment was money worse than thrown away. That this is so is proved most conclusively from tbe fact that they failed in obtaining any farther information, or to elicit one single fact which could not have been ascertained, in a few hours, by an examination of the public record.s of the Executive and State Departments in At lanta, and which v/as not communicated to the Legislature by His Excellency, Governor Conley in his message of tho Ilth of January, 1872, here tofore quoted at length, and in which the Gov ernor says: "In this connection I have tho honor to transmit herewith to your honorable body a full and complete statement vf the amounC and character of ihe bonds issued during the administration of my predecessor. This 6tat%. ment is made from the records of this department 42 and from the best sources of information at its Tbe expense of his State Government, as shown command, and may be relied upon as being en- by the report of the Comptroller General, aro as tirely correct. follows : The nrotraeted -ind evnensive labors of tho Oct. 16, 1866, to Oct. lit, 1867 *2,6sn,.')6.3 S." ine prorractea ana expensne laoors ot tne oct. 16, 1867, to Aug. lo, 1868, :7i,ito.6t committee have only served to prove ihat the making a total ex|ienditure for Ihtj twenty-two Governor's report and my official record was months of Govsrnor Jenkins' administration of "entirely correct.' The statement of His Ex- ,^^0 millions, nine hundred and sixty tiiou.s- cellency. Governor Conley, has not been contra- j^^^^ pj^E hdndred and nine dollars ani. dieted in one single particidar. The act by portt-one cent.s. which the Bond Committee was appointed asserts The expenditures of my administration from that the extent of the bonds issued and negotiated Aug. 11, 1S6S, to Jan. 1, 1869, were *i;;o,fi.M.7; was unknown to the General Assembly — and From Jan. 1, 1SG9 to ,Lan. 1, 187U, ^,K:i7,S2.'>ils that, too, in the very face of the I'aci that His F™'" J""- '¦• i*^" <¦" J=»°- ^' i'*"'' i,-i7u,02i.ul Excellency, Governor Conley, from official records, ji^^j^g ^ t^tal of «3,758,80.L77 had previously, m his message, made a "full and up to January 1st, 1871, a period of twenty-nine complete statement of the amount and character months. Thus showing, that with doiib'le the of the bonds " issued during my administration, y-oting population, and double the number of But to have taken this official statement, or to citizens entitled lo the care and attention of tho have referred to the records of the Stale Depart- stale, its Courl.s ete, and for a period of time of ments on this subject, would not have aus- great excitement and disorder, the expenses of wered the partizan purposes of tbe opposition. my admiuistralion were, on an average, nearly The cry had been started that " astonishing five thousand dollars per month les.s than frauds" existed, and that "untold millions" of those of my predecessor, and this, too, notwith- " fraudulent bonds" were in circulation. A com- standing the heavy ex pen.ses uecessaiily incurred mittee bad therfore lo be appointed to give color by the numerous, and, in fact, almost continuous to this charge and to find, or if they could not meetings of the General Assembly, made necessary' find, to manufacnire .some evidence to support it. by the resoluiion and proceedings of the democ- The committee labored long and earneslly to find racy in expelling tho colored memliers from the some such evidence, but failed, and so were obliged Legislature, aud by the consequent delay of Con to content themselves with making a parli.-'.an re- gre.ss in actinsj on the question of admitting the port for political effect, in which they indulge in Slaie to the Union. The expenses of the present the wildest and most gratuitous assertions, wir'ch admiuisltation may be best determined by refer- are wholl.y without proof to suppoit them — (see ring to tbe cost of the lale repudiating Legisla- the testimony itself, as published, ) With a solemn ture. It was in session ninety-.i.x days. The pay and earnest zeal, which is absolutely ludicrous, and mileage of membets wus $'ii.'!2,.5.8S, or $2,44!i they recommended the repudiation ofthe "cur- a day exclusive of derk hire, an avera.ge of more rency bonds'' long before that time cancelled by thau ten dollars a day for each member. the issue of the gold bonds — also the Banbridge, To tbis wo must atld the expcn-sesof the variou.'j Cuthbert & Columbus Bonds, which were never committees, which was in the a.ggregate $41,G16 executed or sealed, and which neither the parties .02, making a sum total of .$271,204. 92, or $2,- bolding the incomplete and imperfect blanks, or 85S..'iO a day, exclusive of cleric hire. any one else, ever claimed as being any obligation These figures show that the expenses of the late on tbe State. The cancelled bonds of the Carter- " virtuous, honest and economical Democratic Le- well ¦«)."; '-''"=-'^" admimstralion are held lo be nuH anti country. It was therefore to be expectt^d that the ''"'f'' ''"'J. \herefore Mgluiull.v to be domrunced committee would raise that cry. ;','"', '''^P"; >ated as sueb, ts to ,e l„„;,d in he fac ¦' that tbe Democratic party of the South hold that. Let ine compare my administration in tbis re- the reconstruction acts are revohilionary null and spect with that of my predecessor — Gov. Jenkins void. As a necessary conclusiou fioin such a pre- — whose patriotism and zeal in refusing to lecog- mise, the State Governmenis oiganized under the- ¦ iiize tbe validity of the reconstruction acts, and reconstruction acts were illegal. It is held by when he fled tho Slate, carrying with him or con- Toombs and his follow, rs that there has been no- cealing the public treasure, the archives and ex- legal State Government in Georgia since Jenkins ecutive seal, is endorsed by a jeint resolution of went out and up to the time that Smith went in. the present General Assembly. The Bond Committee, in arguing tho iusiice of 4:> repudiation, speaks of the Republican administra tion as a '¦ shameless swindle, Rhamele-sly main tained by despotic military power." The Repub lican Legislature is termed "a motley, irrespon sible and unscnipulous hoard of adventuiers and fugitive criminals," clothed with the title of our General As.sembly.'' See page 190. On page l!il the committee terms it a " bastard Legisla ture." This assumption that the lale Republican Leg islature was an illegal as.-embly, and that I was not Governor of the State, either de '-jure" or ¦' de facto," is the real trroi.nd on which they t)a=e repudiation and denounce all the acts of my ad ministration as fraudulent aud void. These views are explicitly set forth in a late letter of Ex. Gov. Jenkins to the ptesent incumbent, returning therewith the archives and .seal of the Executive Department, which he acknowledges be abstr ,cted from tbe capltol. He says in that letter : " Tbe books and papers I herewith transmit to your Excellency that they may resume their place among the archives of the Slate. With them I also return to you the seal of the Executive De partment. I derive high satisfaction from the re- fleoiion that it has never been desecrated by the gra.sp of a military usurper s hand ; never been pro-iituted to aulheniicate official misdeeds of an upstart Pretender. Unpolluted as it came to me. I gladly J, bice it in the hands of a worthy son of Georgia — herfieely chosen E.xeciitive — my rip.ST LEGITLMATE RUCCt s.soR." This language is plain enough and nf.eds no comment from me to make it moie so. If Mr. Jenkins' views aro con ect, I never was the lawful Governor of the State I was but a "Military Usurper," an "Upstart Pretender." and it fol lows, of course, that all my acts, including the issue of bonds and the negotiation of loans, were fraudulent and void, and therefore ought to be repudiated. The bond committee do not di- guise the fact that this is the main ground on jvbich their recommendation i= based — or else the high fl0'../n phra es on pages j jQ and 191 mean nothing. The views held by Gov. Jenkins were also held by the presem D'-mocratic t^. neral Assembly, as will \te seen by the following (.'sobilions. adopted by both houses, thanking Ex, Gov. Jenkins for puiloining the Wairant Book, Archives and Seal out of the capitol and absconding from the State. ( Extract from House procee,Ungs, Aug. lo, IHl'.) .111. CurDtning introduced the f.illowiogresolutions and moved their art opt ion: Whereas, The Hon. C. J. .Tenrins, when expelled by usurpers from the office of (governor, had the firmness . RJid the courage to save the public treasure from the t.'planderers, and applied it to the obligations ofthe State, •KtkA also removed the archives from the State Treasury, ind saved from deaeciation the seal of the Executive De partment ; and, Whereas, Hii efTorls to save the people of Georgia re laxed not with his hold upon the Execntive office, but in lh<3 mid.st of discourageruent were continued before the Sopreme Court of the .'-tales, so long as there was any iiope of success; and, Whereas, Preserving the archives and the scjal until in better times he might restore tbem to his Excellency, the Governor; and, Wherea;, Gratitude to a great and good man, defer ence to the feelings of the people of Georgia.and the en- rouragemeot of patriot i=m and virtue in the generations to come, alike render it g^^Kl that we should make ano put in imperishahle form a recognition of hLs fidelity t hi^ trust; therefore be it Resolved hy the General Assembly of the State of tieorgia, That His Bxclltncy, the Governor, tte author- i/>'d and instructed to have prepared and, in the narae of the fwople of Georgia, to present to the Hon. Cllarles J. Jenkins, a 6':al to be the Jar. nmile of the one presentesl au'I r.-stored by hira, except that injaddition to the other .l.-\ices It shall bear this inscription: "Presented to Charles J. .Tenkins by the State of Georgia," and this Icrend: "In Arduis Fidelif." Mr. Cumming moved the adoption of the resolutions in a fi^w beautiful remarks. Mr. McMillan seconded the resolution is some eloquent r.-uiarks, and hoped the resolutions would he adopted by a rising vote. The resolutions were then adopted hy a rising and almost unanimous vote. Hillyer, of Camden, Potney, of Dougherty, and Joiner, colored, voting in the negative. The resr;lution was adopted by the Senate, -Vug. 19, 1.-72. Can any one be so confiding, as to believe these men honest in their professions to accept tbe 14th and 15th amenrlments, or in their support of Mr. Greeley as a llepublican ? This Democratic Legislature, has solemnly done two notable things : FIRST — They havo by a joint re.soluiion en dorsed and re-affirmed the view's of the Seymour iv, Blair plalform of 1.568. as repeated by Ex. Governor Jenkins in 187], that tue Riicox- STRUCTIO.V ACT.S ABE .NULL AND VOID, AND ALL LEGISLATION HAD PURSUANT TO THE.II FRAUDU LENT AND ILLEGITIMATE. SECOND. — They have repudiated the PUBLIC DEP,T. Give tbe-e same persons a like control of the Federal Government, either under Horace Greeley or Jefferson Davis — it matters not which — and they will pioceed to enact the same measuie.s. REPUDHTION. This foul v^rong has been done upon the recom mendation of the three Democrats composing what is commonry known as the " Bond Commit tee." While this committee do not and cannrjt report fr8,udulent official misconduct on my part in connection with bonds issued, they do seek to throw odium upon me by pronouncing their opinion upon the legality of my official acts, but they pretend to justify their recommendation of repudiation by an additional opinion that tho laws authorizing the issue and endorsement of certain bonds were unconstitutional. It is a re markable fact, that this idea of unconstitutional ity only occurs to the committee when tbe party or parties to be affected by that opinion happens to Vje a Republican. The committeo leport favor ably upon the endorsement for the Macon and Brunswick Railroad, the South Georgia and Flor ida Railroad, and the Alabama and Chattanooga Railroad; and they report unfavorably upon the Brunswick and Albany Railroad, and the Carters ville and "Van Wert Railroad. All of these roads were endorsed for in precisely the same manner by me, viz. : under the authority of law and the official statement ef the president of each com pany as to the condition of his road, so that if my official action was valid in one Cise, it must have been in tbe other. This matter of railroad en- 44 dorsement is spoken of specifically in another por tion of this pamphlet and need not be repeated here. The Brunswick and Albany Road is in opera tion between Brunswick and Albany, and the Cartersville and Van Wert (or Cherokee) Railroad is in operation between Cartersville and Van Wert, but the committee recommend the repudia tion of all tbe bonds endorsed for and exchanged with the former, and all the bonds endorsed for the latter. The committee do not deny that the endorsements and exchange were provided for by law, bnt give their opinion to the effect that the manner inwhich / constnted the law was not the way in which they would have construed it. As it was my duty to aot, under those laws, accord ing to my judgment, for the best interest of the State, and as there is no pretense of evidence that my judgment was improperly or corruptly in fluenced, this committee -found it necessary to seek elsewhere for their justifieation. The committee admit and report that all of the " currency bonds " had been duly cancelled, as reported by me to Senator Scott, Chairpian Congressional " Ku Klux Committee," July 5th, 1871, and to His Excel lency Governor Conley at the time of my resigna tion. The committee also admit and report that the quarterly gold bonds were issued in accord ance with the law and in amount as reported by me, but they misquote the language of the act in order to give a seeming color of right to their recommendation for repudiating a portion of those bonds. The aot says: "For such other purposes as the'General Assembly may direct." The com mittee say (page 162): "For .such other special or general purposes as the General Assembly might designate." Under the language of this statute the proceeds of the bonds were applicable to the payment of bonds and coupons due and falling due. Under an act approved October 5th, 1870, to amend an act approved August 27th, 1870, (see pamphlet laws 1870, pages 4 and 5, No. 2, O 16— No. 4, O 42,) the "General As sembly direct " (sec. 1 and 2) the proceeds also "to pay off the officers of the oivilestablishment, and othtr expenses of the State authorized by this General Assembly." Among the "other expenses of the State " thus authorized to be paid ¦were the liquidated accounts and bills audited by the commissioners against the State Railroad,. after its lease. TBie committeo, however, report that Mr. Clewa "misappropriated over $600,000 -of the funds of the State " by paying drafts, etc., ¦for this purpose, and recommend the repudiation of $102,000 of bonds now supposed to be in the possession of his house as security for a balance of account claimed to be due to fhem of $47,- 145.50. The committee also recommend the repudiation of the £18,000 sterling and interest, of ante-war bonds paid by Clews, Habicht & Co., London. I has been said that the recommendations for repudiation made by the committee are limited to such portion of the State's indebtedness as was supposed to be in the hands of, or to have inured to the benefit of, Northorn Republicans. This is well sustained by the " facts " and by the "conclusions" of the committee. AU of the .State quarterly gold bonds, except those supposed to be in tho hands of Messrs. Clews &, Co., are recognized as valid. All the railroad endorsed bonds and bonds issued iu exchange, except those of roads whose officials were Reptiblicans, aro recognized as valid! The committee and the General Assembly en acted the solemn farce of repudiating the " cur rency bonds" and the bonds of the Bainbridge, Cuthburt and Columbus Railroad, although in neither case was there any liability, or pretense of liability, to be repudiated. The "currency bonds" had been canceled, and the B. C. & C. R. R. bonds were never endorsed by the State. The repudiation of tho endorsement made for, and the exchange of bonds made with, the Bruns wick and Albany Railroad being much the largest in amount and importance, the committee, devote the greater portion of their space in justifying their action in that case. After floundering through twelve pages of printed report to present their "views and conclusions" that the State's endorsement of the Brtinswick and Albany bonds should be repudiated, the committee plumply blurt out their real pretext for repudiation, as follows (page 186) : " Gold bonds issued under Act of October 17th, 1870. — The same princi ple* which apply to the endorsed bonds of the Brunswick and Albany Railroad, in ourlopinion, apply with equal, and if possible greater, force to "the gold bonds issued to said road. In our '^opinion the act of October 17th, 1870, amend- "ingthe Act of March 18th, 1869, under which "these bonds were issued, is UNCONSTiTnTioNAL, "uuLL AND VOID. The powers of the General "Assembly are well defined in the constitution. "We have examined that instrument very close- "ly,and have been unable to find in it any clause "giving to the General Assembly authority to "make this trade." (The italics are mine.) After this "sun-burst" of wisdom the committee spatter over a few more pages and seem to work thems^yes up •svitk sufficient courage to an nounce the opinion that not only was the law unconstitutional but that the legislative body- that enacted the law — their republican preda- ceasor — was not "our General Assembly," and therefore, not authorized to enact any law by which the demotjracy would be bound. Ti committee refer to'the results of the reconsfe tion Acts of Congress as " the shameless as die, shamelessly maintained by despotic tary power." They speak of the first legi ture under the present constitution as ' bastard legislature" in which " we (the dei racy) were powerless, unrepresented, misre "sented, gagged," and add, [page 191] " Tl "bound hand and foot we were starved by ^ "money changers, whilst these gamblers inV "stock market, who call thems elves innoci "purchasers, (men who made loans to the Stafi "furnished money to build railroads in the Staf^ "and took the States and endorsement ine^*^ "change) stood by and kept the raiment of them "that slew us." "He who in evil hour ordains an ungodly "chalice for his fellow, must not murmur if to 45 "h^s own lips the bitter cup be pressed by the "auen^iTij.faie of a better day. * * * » • "Now, when like the sword that ' 'flamed at Eden's gate, it turns its double edge, "/ei it cut." This verbiage can easily be recognized as the briUiant composition of General Toombs. In adopting it the committee throw aside en tirely the allegation of official misconduct on my part and the unconstitutionality of the law. These flimsey pretexts urged in the earlier portion of their report to justify repudiation are now thrown away. They defiantly admit and proclaim their object tolie " avenging fate" upon those who support the reconstruction pol icy of Congress. Upon those who, relying on the validity of the Reconstruction Acta and with a desire to aid the people of our State in building up her waate places, and restoring her proapenty by constructing railroads through her territoi7, have come forward with their money andconstnicted those roads, tbe " double edge" is turned with the piratical cry " let it cut"! This speaks the true spirit and purpose of the usurping minority who now control our State. Their chief concern ia to visit "aveng. ing fate" upon republicans wherever within their reach, and the legislature were'not slow to "lei it cut." Every recommendation of re pudiation made by the committee was adopted by the General Assembly and approved by their acting Governor. Briefly recapitulated the opinion of the "Bond Committee" andthe decision ofthe legislature seems to have been, Ist. That where the parties who loaned money to the State, or managed the Railroads and advanced the money to build them, were. Republicans I did not construe the laws and ex ecute them in the manner and at the times the committse think I should have done. 2nd. That in these instances the laws which I did execute were unconstitutional. .Sd. That the legislature 'which enacted the laws was a "bastard." 4th. That these republicans by sustaining the reconstruction Acta of Congress had ordained " an ungodly chalice for his fellow" and " must not murmur if to hia own lips the bitter cup be pressed by the avenging fate of a better ^ay.". In other words that while democrats Sre in power republicans must not expect the " gnest payment of juat debts. 3y Article I Section xxxi of the constitution I legislative department is prohibited the ex- Ise of •' any power properly attached" to S Judiciary department : and section xxxii re licts to the Judiciary department the power ^0 "ao declare them" when Legislative Acts are "void" because in violation of the constitution of the State or the United States- But this plain provision of the constitution has no bind ing force upon a democraS,ic body when an op portunity is given to decide upon questions af fecting the pecuniary or personal interest of repnlrlicans, orupon tbe validity of measures allied to or growing out of the Reconstruction Acts of Congress. , So fearful were these repudiators of being rebuked by the Judiciary that they refused to allow persons who were robbad by their action to apply to the State Courts for redress, not withstanding a majority of the Supreme Court Judges aro now of theirjown selection and per suasion. In these infamous proceedings this usurping minority do not represent either the disposition or the purpose of a majority of the people, and unless this minority is sustained by the national administration which they are now seeking through hypocracy to elect, the ad ministration of the State will he reatored to the legitimate representatives of that majority. Ex-Chief Justice Lochrane of Counael for bondholdera in his able argument on the " le gal liabilities of the State [page 28] states the whole case on its merits in the following con cise and convincing manner : '¦ The legislature which passed these Acts waa recognized by the nation and by the courts ofthe country, and this legislature holds its place by Acts passed under virtue of its au thority. To question it it ia to question the validity of the United States, aud to bring in controversy the whole system of reconstruo tion. We have demonstrated that the State Legis lature passed the law; that- the Governor exe cuted it; that the Roads were built; that the endorsement was valid; that vested rights have grown up under it; that the Legislature cannot pass upon the constitutionality of the acts of a former Legislature, and annul vested rights; that the State cannot take the benefit of the Roads, and refuse to pay her obligations in curred for the very purpose of building, them ; that the Governor is no Agent, but a Co-ordi nate Branch of the Sovereign power; that bonds issued as commercial paper must be paid; that trusts solemnly assumed, cannot be betrayed with honor; that the estimate of the cost of the Road by the Legislature ended the question in law, ended it p,s to the bondholder, ended it as to the State, ended as to every requirement of law and justice, ended it once and forever." Thatthe bondholder .of any endorsed bond can demand his rights, and to deny them is to confess dishonor of the obligation, which will recoil upon every interest, private and public and scatter like chaff the future hopes of the State. Notwithstanding this able opinion and sound advice from one of Georgia's purest and ablest jurists the infamy of repudiation was consum- ated. CONCLUSION. WHY I EESIGXED TIIE OFFICE OF GOVUKN- OR AND DO NOT NOW llETURN TO GEOK- GIA. The reasons whicL induced me to re- 46 ¦sign the high office to which I had been elected by a large majority of my feUow-citizens were given in full in my letter to the pnblic at the time that res ignation took effect, and need not be here repeated. In no other way conld I have checked the conspiracy that had been formed to grasp the Executive Department in a revolutionary man ner, riot unlike that by which the Leg islative branch of the government had been absorbed. As is well known to you the revolu tionary proceedings by which the con trol of the Legislative branch of the .government of the State was usurped were confined in a great measure to the Fifth Congressional District, in which resided the large majority of colored voters. That district at the previous election had sent some twenty or more republican members to the House, four republican members ofthe State vSenate and a republican member to Congress. At tho next election, through the con spiracy of Genl. Toombs and the vio lence of his Klan, but two republican members of the State Legislature were returnod as elected, and the returns of the election in the District exhibited the astounding result of a large major ity for G-enl. Du Bose, Genl. Toombs son-in-law, as democratic member of ¦Congress. This overthrow by violence of a republican district gave to Genl. Toombs and his Klan the complete controU of the incoming General As sembly, and enabled him, to organize, with confidence of success, his plans for grasping the Executive branch ®f the govemment. - If I had remained in office mitil the organization of Genl- Toombs' Legis lature, that body would have passed resolutions of impeachment, without proof or expectation of proof of any official misconduct oh my part, and on such resolutions of impeachment would have caused my suspension from ofBco and the inauguration of the Senator from Generii Toombs' district whom it was his intention to have elected Preei- ^dcnt ofthe Senate for this purpose. To defeat this I resigned before that organ ization could be perfected and thereby made Judge Conley, then the republican President ofthe Senate, Governor for the unexpired part of my term, which term accordfng to the constitution, would extend until the 2nd Wednesday in January (1873,) next ensuing. It was no fault «f mine that this Legislature subsequently ignored the constitution and ordered a special election whereby Governor Conley was ousted, and the Executive Department usurped. That this unconstitutional and revolutionary action was not approved by the people of the State is abundantly manifested in the glaring fact that those of them who were opposed to this proceeding of Genl. Toombs' klan abstained frem par ticipating in the so called election, and less tha Q 65,000 of the 225,000 votes in the State were cast. It is therefore only this usurping minority of the peo ple of Georgia ' who support, and are responsible for the reckless measures of extravagance and repudiation by which the State ias been disgraced. It is conclusively shown in the fore going pages thtvt there is no evidence of any wrong doing on my part, and that the committees of "Inquisition," after venomous research prolonged through nearly a year have utterly fail ed to either procure or successfully manufacture such evidence. It may therefore be enquired why I have not returned to the State. To his I reply that innocence would be no protection for me against the persecution by which those who now control the polit? ical and civil power of the State woi^tt seek to justify their previous slandtsS against me. Under the provisions of the 'persecution" Act,, which jf as framed and adopted expressly for m|s purpose. I would in tho absence oaR- cessive bail, have been thrust into ots- on and denied all access to vaj papSs. Even had I escaped assassination tho opportunity- that I now enjoy of expos ing the wretched failure of the commit tees " InquisitioTi" and of sustaing the measures of my administration and of the republican party, would never have 4:1 been accorded to me. Feeling that it was due to myself and to those who honored me with their election to the high office of chief magistrate of a groat State, that tho calumnies against me coined by our political opponents and issued for their benefit should be hurled back upon them a»d their infa my exposed I have preserved the op portunity pf doing so. My absence has not in the slightest degree impeded a thorough" and, rigid examination of my official conduct, nor did I desire or intend that il should. That examination was not evaded. Every fact Was freely disclosed by my Official records, and in addition emi nent counsel were retained to aid the •committee appointed to. investigate my official conduct, and through them I have communicated all the information asked for by that committee. And while its proceedings have been a vin dictive "inquisition" urged on by im placable political hate, instead of an impartial investigation, 'the result es tablishes the committees failure and my triumph. ^ • This committee was ordered by a joint resolution of a democratic Legis lature December 1st, 1871, "to inves tigate the official conduct of Kufus B. Bullock late Governor of Georgia, in- -cluding his management of the finances of the State, the issue find sale of State bonds and the endorsement by him, as Governor, of tho bonds of raili'oad com panies under the different acts grant ing State aid to said companies." If "that order was founded in any legiti- te purpose whatever it must have |en to bring before the General As- ibly such facts touching my ' ' offl- fCial conduct" as to c.nablc that honor- ijlc body to decide upon the question proceedings for impeachment. If committee had disclosed evidence of '• high crimes and taisdemeanors." or of "offiifial misconduct from corrupt or unlawful motives," it would have been the duty ofthe House of Represen tatives to present articles of impeach ment to the Senate. On the judgement of two-thirds of that honorable bodv — tlie only poxucr on earth which can first le gitimately pronounce judgment' upon my official conduct — I should have been eith er acquited or convicted. If convicted the judgment would cause "disquali fication to hold and enjoy any office of honor or trustor profit within this State;" * * * and render me " liable and subject to indictment. trial, judgment and punishment accor ding to law." This committee was composed exclu sively of democrats, and after seven months of labor, brought forth and pre sented their report early in the July ses sion of the Legislature. Ou motion the report was read at length in each House. The only recommendation made to the Legislature in the committee's report is, [page 43] "that suits should be in stituted against the parties so receiving- it [fees paid to attornies representing the State in the courts] for its recovery by the State." The report was referred to the Judiciary Committee, by whom so f»r as the records show, no action was ever taken. The- Legislature b^"- which this committee was appelated, and of which the committeemen were members, adjourned on August 24th sine die. without having adopted any other legislative action whatever in re lation to this committees rejDort. A new legislature is to be elected on the fi,rst Wednesday of October next and the body which ordered the investiga tion into my official conduct has be come functus offiicio, The result of seven months examination and ' ' in quisition" was presented to them and was before them during along ses sion yet they seem to have found noth ing in it upon which thoy were willing to risk formal action against me ! Articles of impeachment were neither presented to or adopted by the House, nor was any action had by that body in that direction. As h^ been heretofore shown the com-, mittee do not even alledge that there is any "official misconduct," any " fraud" or "corruption" on my part disclosed by their action cxcc^ot upon the assumption', vntliout any evidence to 48 sustain it, that I was a partner and par- question of reconstruction. Lifting ticipant in the business of Mr. Kim- the negro from slavery to citizenship ball. Not only has that assump- and establishing governments with the tion been shown wholly false but the colored man as a voter has aroused legislature by a large majority have so the undying hate of the kuklux demoe- decidcd. The majority report adverse racy. Without faltering I upheld and to the fairness ofthe lease ofthe State maintained the reconstruction acts. Road, was based exclusively on this and inaugurated the new State govern- assumed partnership. After extensive ment under and by virtue of them. and able discussion the report of the when the Democratic Legislature, in majority was rejected on the ground (defiance of the laws and constitution that it was not sustained by the evi- ^f ^^e State and of the United States, dence, and resolutions approving and expelled its colored members, by tha confirming the lease were adopted gj^g^jj. f^rce of a partizan vote, I by an with great unanimity in each House, appeal to Congrcs and tho earnest and and concurred in by the executive, zealous labor of months succeeded in I therefore congratulate my political having these same colored members re- friends and myself upon the fact that seated and the democrats who had the committee failed entirely to make iisurped their places put out. Then it out any case against me for impeach- was that the most deadly animosity of ment ; that the committee admit their the klan and its leaders was excited tailure by not making any recommCn- against me, and my assassination fully dation to the legislature, and that the resolved upon. From the fate of Sen- legislature concurred in that failure ator Atkins, Dr. Ayfir, 'Mr. Rufflh, Mr. by refusing to take any action what- Ashburn and others who were murder- ever based upon that report. In fact ed by the klan, I fortunately escaped, so overwhelmning was the disappoint ment of these committee in their hopes and 'expectations of finding "fraud," "corruption" or 'official misconduct" on my part that the leg islature took no notice whatever of the report ofthe "Bullock Committee. The "Bond Committee'' were forced to declare the Statutes passed bj;- their predecessors unconstitutional in order to get a. pretext, upon which to repudi ate bonds, all of which were lawfully issued during my administration, and bers of the legislature, thus practically closed the' State courts against an jr re vision of their action. The report of the "Lease Commit tee" was defeated aud the lease made by me was sustained b}' the legislature. 'r&e " State Road Committee" are con tinued on ditty hunting for "some thing against Bullock." It is well known in Georgia, but but I did not escape the bitter persecu- tioii which has followed me and still follows mc, aad which will not cease so long as Genl. Toombs and his allies control the public sentiment of our State, Had 1 seen fit, as I was earn estly urged to do, to pander to their prejudices, by betraying the principles of the republican party anc^ shujtting my eyes to a palpable violation of tho laws and the wrong and injustice done by their expulsion ofthe colored mem- bringing the State at an early day uii^ der their control and rendering nu^ tory the whole policy of rcconstruct| in Georgia, I would not only have^s- caped this ordeal, but these per^nsr would have been as loud and inteni^r; ate in their praise, as they now sosition I have taken in absenting myself iiom Creorgia, I believe under the circumstances to be r^ht. But it is not my purpose in this eommunioation to attempt its justification, ^me -will prove ho'W far I am correct in my as sumption of having done right. The object of this letter is to do myself justice by explaining to you some matters which, if left unexplained might cause you much trouble. Had I anticipated the course I have pursued when I last left Atlantal should most certainly have made the expiation personaUy, but "I then hoped there would be no necessity -t'or an expla^ nation, and my physical inability to write since I left New York until now must be my excuse for not writing sooner, il hope the delay will not be disasterous to yoii. In my report of loans made through me as Agent for the State I stated that the entire net proceeds had been placed to the credit of the Skate in the Georgia National Bank, whioh re^ port I now confirm as correct. But to my great smrprise I learned during my last trip to Atlan ta that on the loan made through Mr. Whiton for $75, 000 (less $500 for commissions) Mr. tJones had oiily placed $30,000 to the l^edit of the State, the balance of $43,500 he iiSfct^d' placed to the credit of H. I. K. & Co., Biigh Mr. .Tones knew that the money borrowed for and belonged to the fte. He had full information and instruction Srwarded by mail the same days the deposits 1»ere made in New York to his - sredit. The iaots- in regard to "this loan are as follows: Mr. Jond^lhud that you had drawn checks for a Iwge amount for contractors on the Asylum, ¦iand he was anxious the deposit should be made, , and as there was some delay in getting the ipn'ds for Mr. Whiton to use, and knowing Jones' necessities I borrowed $25. 000 of the Ma- linia Bask f«r tlse State, nsisgrny own (ollater- als, and deposited the amount in the Park Bank to the credit of the Gfeorgia National and noti fied Mr. Jones it was for the State. As soon as llr. Whitpn received the bonds and made the loan I paid the Marine Bank $25,000, deposited in the Fourth National, at Mr. Jones' request $30,000 and $18,500 in the Park National, mak ing $73,500, all to the credit of the Georgia National Bank for the use of the State. In looking lhe matter up you will find that $25,- 000 was deposited at the Park Bank before the delivery of the bonds to Whiton. I think the deposits were not made all in one lump sum ; but in sums of $5,000 to $15,000 at a time. My report will show the amount of interest and opmmissions paid the Marine Bank, or Mr. S. H. Kneeland, 62 Wall st., has a full account of it as the loah was made through him. ¦ The fact that Mr. Jones had credited H. I. K.. & Go. with these amonnts instead of the Stata was brought to my notice by my book-keeper, showing that the credit of H. I. K. & Go. in Bank was nearly $45,000. You can judge I was surprised, for I'knew that they^had not ons thousand doUars in bank at fcat time. On in vestigation I found that Mr. Jones had made the credits (as before stated: $30,000 which was deposited at the Fourth National, to the credit of the State, and $43,500 which was de posited at the Park National, to the credit of H. I. K. & Co. There was no reason ¦why he should credit the State with one deposit and my. firm with the other, for both were made in pre cisely the same way, arid the same instructions given him. He had told my business manager before I came home that he was simply holding the credit that way until the bank exaaainer, whom he was expecting every day, had passed, bnt that he could "f&e it" at any time, but re marked that H. I. K am "a thieving carpet-bagjier," but that you in tend by your reference to imply this is plain. You know me and of me too well to believe the charge to be a correct Or just one. You do noi so believe, and yet you make it! What I am to think? Either that you sought tp make your self more acceptable to those who support you in the South,, by giving currency and dignity to their slanders, without incurring the responsi bility of making a direct osserrion, or that you have voluntarily earned and taken upon your self the forcible but inelegant appellation that you would apply, were you in my place under simUar circumstances. You know, Mr. Greeley, that I was a resi dent citizen of Georgia before, during and after the rebellion; that there all my sbcial ahd pe cuniary interests are centured; that I resigned the Presidency ot an important Railroad Com pany in Georgia to accept the office of Gover- L nor; that I accepted the reconstruction policy ttf Congress as being the beat for us at the buth, and have faithfully endeavored to carry nt ; that until the issue was made on the right le negro to hold office aud a seat in the Leg- ire there was no ill sai(d against me even &y political opponents ; that my succesaful Ita in restoring the negro members to the Jislature against the opposition of Gen, Sombs and hisKu-Klux is the cause for the Sinders which they have put in circulation and lich have aince pursued me, and that I could fany time have purchased peace and praise f yielding my support to them then and to you 'now. All this is within yonr knowledge, and yet you, Mr^ Greeley, from the pinnacle; of yoiir inost ambitious desires, have gathered calumnies ftogetherand pitch them down upon me. 'IHB UNWRITTEN LAW. You admit, Mr. Greeley, there is an unwrit ten law which prohibits a candidate for the high office to which you aspire from discussing polit ical topics. Is not the prohibition of that un written law still more stringent to restrain one occupying the emident position of a Presiden tial Candidate from giving public utterence to calumny? May he avail himself of that great height to display to the world how reoklesslyhe has abandoned faith, fairness and truth to reach it, and the impunity with which he can acatter slander and abuse upon those whom he now op poses? Can he who uses the prominence of his candidacy to rob even the humblest citizen of hia name and reputation, be trusted to "pre serve, protect and defend" the lesser values of life, liberty and property? That unwritten law, Mr. Greeley, is the pub lic opinion formed by the intelligent masses, un erring and decisive: You have broken the law in a remarkable manner, and will not those who make the law give their verdict against him who has violated it? THE OLD ISSUE. , But by the injustice yon have stooped to do me, Mr. Greel«y, you have ignored the restric tion that would render it presiimptipus in me a private citizen to address myself to you publicly, or to criticise your utterances. As you have thus opened the door for me, however, my pur pose is to enter and present to you some facts. The facts to which I shall invite your atten tion were all well known to you before, and are known to you now, but you are doublesa un wil ing and aahamed to admit it. This Portland speech of yours, Mr. Greeley, was "prepared carefully written out, ami read from the manuscript," and must, therefore, be accepted as a mature^ statement of the measures which your election is intended to promote. Certainly it must be received as your under^ standing of the issue upon which the American people are to be divided and to give their de- ciaion at the ballot box. And what is that issue as you present it? Is not the same old, story of men out ef ofSce seeking to supplant thoae in office? You confine the application however to the Sou thern States, and that brings up the old iasue- of reconstruction. You say that thoae who aup- port you in the South hope , that your election may haaten the much desired hegira of the thiev ing carpet-baggers, and that you think you hear a voice from the honest people of all the States declaring that this iniquity (Republican State government in the South) shall be gainful and insolent no longer, at farthest, than to the 4th of March next Does it not occur to you that the people have already passed judgement on these very measures? Is not there a striking aimilarity between the "joyful hope" in the South for the measures your election is intendetl to promote, and the promises held out in G^n. Blair's celebrated Broadhead Letter? Did he not propoFC to use the army to "disperse She 54 carpet-bag governments?" Did not the Dem ocratic Convention which nominated him de clare the reconstruction acts of Congress, under which those governments were formed by the whole people — white and black — to be "revolu tionary, unconstitutional and void?" Do you not remember the verdict of the people on that issue? It is the same "chasm," Mr. Greeley, not "bloody," but black. In 1868Uhe black man stood in the "chasm" with the ballot in his hand, and the Democracy asked the nation to recon cile them by taking the ballot away. In 1872 tbe Democracy promise to "clasp hands" over the "chaste," and to consent to the black man keeping the ballot, if you will see to it that there is no interference with "local self-government" while they exercise their pecular forces for di recting the black man how to use the ballot. The great majority of the loyal hearts in the nation responded to the first request by electing him who "had never been defeated, and never will be," to preside over the Government, and their Congress enacted laws to protect that bal lot with the bullet if necesary. That majority will soon b6 increased for Gen. Grant that he may continue to afford complete protection to every American citizen, both at home and abroad, whether assailed by Spanish injustice, Mexican banditti or Confederate Ku-Kluk, and earry out his expressed desire to secure "a pure, untrammeled ballot, where every man entitled to cast a vote may dp so, just once at each elec tion, without fear of molestation or proscription on account of his political faith, nativity or col or." And bring about that "happy condition of the country when the old citizens of these fthe Southern] States will take an interest iu pnblic affairs, promulgate ideas honesfly enter tained, vote for men representing their views, and tolerate the same freedom of expression and ballot in those entertaining different political gonvictions." You cannot believe, Mr. Greeley, that the American people -will be any^ more willing in 1872 to authorize you to withdraw the pretec- iion of the General Govemment from fhe loyal citizens, and voters and governments of the South, that the Ku-Klnx may cause a "hegira," than they were in 1868 to permit Gen. Blair to preform that service for the rebels with the Unign affmy. BEPRESHES MR. GREELET'S MEMORT. For fear that you might convince yourself thatjyon had forgotten the reconstruction issue, you will, I hope, pardon me, Mr. GreSley, while J ask yon to recall to your mind that in 1865 and 1866 President Johnson reconstructed the Southern States— "the late Rebel States"— by appointing governors and disfranchising, by a property qualification, a large number of white men — all who were posessed of, say ten thona- and dollars' worth of property, and ignoring aU the freedmen. The "Black Codes," enacted by, and the conspicuous absence in the Johnson Government of any proper appreciatiim of what was due the colored race in its then condition of freedom led Congress to adopt the Recon- etruction acts. By those acts all male persona of age, black and white, rich and poor, except the few who had sworn as officials to support the Constitution of the United States and after ward engaged in armed rebllion against it, were to vote in the several States : — let. Whether or not a convention ahould be called to frame a State Convention. 2d If a majority voted "aye" then delegates were to be elected to that convention. , 3d The Constitution so framed was to be aubmitted to a vote of the peopled, 4th If a majority of the voters adopted the Conatitution and it was accepted by Congress, then an election -waa held for the officials pro vided for in that Constitution. You approved of this programme, these acts,. and under them "local self-governments with impartial suffrage" were established in all the "late rebel States." You urged all to accept arid enforce those acts. — You have not forgotten it. What then do you mean when you say that the hope that your decision may hasten the much-desired overthrow of all this, haa recon ciled to the necessity of supporting yon "many in the South who would have otherwise hesita ted and probably refused?" In pledging your self to recognize, in the distribution of offices, all the heterogenous elements which may come to your support, you convey your meaning to the average office-seeker by the following happy figure: — "I never yet heard of a man who invi ted his neighbors to help him raise a house and proceeded to kick them out as soon as the roof was over his head." Those who are in office and those who desire to be must decide for them selves as to the value of this assurance. But what I desire now is to ask whether by your recommending the support of the Congression al measures of reconstruction you have not in vited your neighbors ic the South to raise the house of Republican governments there ? And now that it is fairly over your and tbeir heads, are you not trying to kick them out that your new friends may get in? Now Mr. Greeley, let me refresh yonr mem ory as to the manner in which this Congression al policy of reconstruction was inaugurajlfd. I will confine myself to the case of Georgia, and I believe that to be a fair illustration of the pro ceedings in all the other .late rebel States, The names of all the male citizens of the State, riclj and poor, black and -white, except the few law excluded for reasons before stated, (less thai 5,000 of the 225 000 voters in the State) were rpfl istered. An election was held. The DemocracS who had approved President Johnson's recoa|'i struction on an exclusive white basis, ixbstaine*" from participating in tbe election. In their opin- j ion the "terms" — cqnal suffrage for white and black — "would involve a surrender of their man--) hood." Nevertheless, more than half of the'-' registered voters voted, and nearly unanimously in i favor of a convention. Delegates were elected, a large majority of whom were Republicans, and the Constituiion framed by that Convention was adopted by the people. In that Constitution there is not now and never was one line or word of dis- ' franchisement or disability— every mau in the two exceptions every county in this district has a State can vote, and hold office if elected. In the Republican majority, and would have elected Ke- spring of 1868 an election was held for Governor publican members to the Legislature, and a Rc- and a Legislature Under that Constitution, nnd, publican AI. C, bnt by tbe management and true to their instincts when oflice was to be had, violence under Gen. Toombs' direction this major- the Democracy waived " their nianhood " and en- ity was overthrown in every (;ounly but one, and tered \ipou an active canvass. A Confederate only two Repnljlican members were returned to Lieutenant-General- now one of those who sup- the Legislature from the whole district. The port you-rwna nominated by them for Governor, result ot this wna to place tbe Legislature in the with Colonels, and Mijors, and Captains " too complete control ot Toombs by a large majority numerous to mention," for members of the Gen- on all political questions. Undertbe Constitution eral Assembly. The Republicans succeeded in of Georgia, the presiding officer ele-jted by the giving me a good rriajority, electing at the same Senate is ex-officio Lieutenant Governor, and be- time a majority of the Senators, but by a non- comes Governor during tbe unexpired term upoii enforcement ot the law a large number of die- • qualified men were seated in the- House, and the Democracy thereby controlled it. the deatb, resignation or disability ofthe Gov ernor. The Legislature elected, as I have ex plained, was to assemble and ortjiinize on the first day of November, 1871. The concerted plan, . whereby the conspirators intended to -wreak ven geance upon mc, and at the same time usurp the " RBVOLUTIONARY, UNCONSTITUTIONAL A VOID." \ 0» the 4th day of July, 18R8, the Democratic Executive Department oJ.the Government, waste National Convention declared tbe reconstruction elect the Senator representing Gen. Toombs' dis- acts of Cfongress to be " revolutionary, unconsti- trietas President of the Senate, pass articles of tutional and void," and very soon afterwards the impeachment against me in the Honse, and on Georgia Legislature enforced that declaration by their being presented to the Senatejfclaim my expelling all its colored members — nearly thirty — suspension from office during trial by mat body, and seated disqualified Democrats. This defiance and thereupon swear in the Ku -Klux President of of the reconstruction acts became au important the Senate as Governor ad interim. It was, per- . element in the discussions during the Presidential haps, not expected that, ihy' conviction 'could be campaign of that year, and the result of the elec- had— at least I have sinqe been so intoimed — but tion was a decisive condemnation of the unlawful the trial was to be kept on and continued during proceeding. As you are aware, Mr. Greeley, to the balance of the term. To defeat this well-laid the best of my ability, I protested, in official mes- scheme of Gen. Toombs I resigned mj office two sages to the Lesislature, against this great out- days before the asserabling of hia Legislature, and lage, at the time the colored members were ex- by that act made Judge Conley, who was then the pelied, and upon the asseinbling of Congress in Republican President of the Seriate, Governor the following December, I, in a memoiial, invited during the unexpired part of my term. Accord- the attention of that honorable body to this prac- i^K to the Constitution, Governor Conley should tieal illustration of the intent and purpose of the have held the office till the second Wednesday in Seymour and Blair platform. The Tribune was January, 1873. Isind enough to commend my action at the time, Thus it was that in the effort to save Republican bat I presume now that you did not write the supremacy in Georgia, I sacrificed myself by re- artlele. signing the high office to which I had been elected The issue before the country in the Presidential by the people, and it was in this manner and for sampaign of 1868 was that of equal suffrage and these reasons that I was induced to "seek the e$jal rights for black and white, as put in practice in the iate rebel States by the reconstruction acts. You sustained the affirmative, and the good cause triumphed in the election of General Grant, and ,.»pon "President Grant's recommendation. Con- shades of private life." GREELEY NEVER RESIGNS. Did yon, Mr. Greeley, eveif resign an office or ;tesB passed an act in Deeember, 1869, providing decline a nomination for the purpose of promot- the restoration of tbe colored members who ing the interests of your party? Did you ever re- been expelled from our Legislature, and ex- sign or decline for any reason whatever? On the ng those who had been seated in defiance of contrary, have you not been ever since " Saturday w, and it was made my duty, by that act of evening, Nov. 11, 1854," plotting revenge because ess, to participate in those proceedings, of unsatisfied ambition? Have you not prayed that act of Congress those members were and betrayed every President and Vice President ]S to the seats from which they had been you helped to elect, from Gen. Harrison to Gen. , and the wrath of the Ko-Klux waa pub- iGrant ? Have you not alternately praised and joclaimed in vengeance against its authors, abused every public man, except Horace Greeley, 'd abettors. That vengeance waa enforced frora that day tp this ? Were you not ready and me as follows : willing to destroy the Whig party, of which you „ „ .„. were a trusted leader, in order to secure your own . KU-ELUX CONSPIEAOT. election as Govemor of New York in 1854? Were December, 1870; an election was held for you not prevented from consummating that trea- ers of Congress and a State Legislature. In son bythe firmness and fidelity of Governor Scw- '" tion Gen. Toomibatoiokan active part, ard and Mr. Weed ? If not, what is the meaning " ' " " " " " of the following admission in your letter of Nov. 11, 1854, to Mr. Seward? "I suspect it is true that I could no' have been elected Governor as a of aWred men were refused, and the result was Whyf. But had he and you (Weed and Seward) been favorable, tJiere would ham been a party in the btion law was ignored and defied by him Tu-Klux in the Fifth Congt-ession&l Dis- Rectidn managers were imprisoned, votes Sred men were refused, and the result was the return of Gen. Toombs' son-in-law as a mem ber ofwCongress, for a district having a majority of State ere this which could and would have dected fiVer, three thousand colored voters. - With one er nw to any post." m JI f. 4 J. D. repeat to you an exact statement of tho facts con Frora Memphis, in Jane of last year, you said %"'j°^rm is ^o^V clataed by you and yourallifes very truly that those who now support you in the nurDoae for which you demand the defeat South "propose to renew the fight, bnt not with ^^"n^ K^^^t vet in voiir prepared speech, guns and sabres. They expect to regain as Dem- " carefully writU out and read from the manu- ocrats, through elections, what they lost as rebels L,iicit»iij _ ._.__, ...v,i„v, ™, through the war. **¦»¦» They will seek to coerce enough of it (the colored vote) into voting the Democratic ticket to give them a majority of Southern electoral votes for next President. 1* With equal correctness your friend, Jefferson Da vis, announced in his speech at Atlanta that the " JTolhose'other slanders "of the"NeH ^°±9r'^Zl°t^^.V',§^l'^^i^I ^':±J^t Custom House,"_ "Nepotism," ." French Republican party in the North and uniting the solid Rebel electoral vote with that of the Union traitors." In this connection will jou"rise and explain " what were the circumstances under which you obtained your sonsent to "fire the Southern heart" by your scathing and sweeping denunciation of the aprpet-baggers at your Union script,'' the only raeasure of reform which you present to the country is based ijpon the alleged wrongs and raisdoings bv Republican State olli- cials in tne Southern States. Do you use this be cause the pecple of the North are less likely to bo so well informed as to its falsity as they are in re- - - ..... jfmy Tork arms swindle," Long Branch cottage," "San Domin go," etc.? Tou know they are all equally without foundation. But, .Mr. Greeley, if all that is or can be said against the Southern State Republican administrations were true, how is it the fault of the President ? All of those 8.ate Governments, o u «..¦¦¦;- ^^ -o OT„„ ^ except Virginia and Mississippi, were elected by Squarespeech after your trip to Texas? Was not ^ people and inaugurated before Gen. Granl this your public pledge of fealty and bid for the V J President; and\beyond enforcing tlic leadership ofa ex-President Davis' reorganised acta of Congress-all if which you have approved army? Did jl|u not commune with yourself and !!the President has had no more to do with tho a few others on your return from Texas in 1871, ^ j ^,^^^^ „^ j^^^l ^^^i^ig „{ those States and say "T suspect it is true that I cannot be .^ ^^ Massachusetts. Therefore, electjed Governor or to any other office, as a ife- fitting that the statements made by the Kn- p„blican."-Bui the Copperheads Rebels, and. a kIus and repeated by you to be true, Gen. Grant few Republicans being favorable " there mil be ,^ fannot be held responsible for tbe aUeged evils, party in the country that can and will elect me to ^ j ^ ^j, ^^ statements are false\s to one ^nypost--evmPres<.dentftheV'miedSt'it^? -Did gtate I assume that they are false as to aU the you not speak contemptuously of the Whigs as St^rL oooulu •; j ?he" swell mob of coon minstrels and cider suck- xhe' atatements are not true as to Georgia. ers at Washington," m the same manner and for /°« the charges made against the Kepublicaa th^ same reason that you now characterize Kepub- ^^ min,«t.rh.t.inn in fteorp^ia. bv those for whom vo» licans as " thieving carpet-baggers ?" administration in Georgia, by those for whom yoa bag governments, etc. iteration and reiteration liave become synony the State had but little or no debt, and that tho Iteration ana rei eration nave oeeum^ syuuuy- „et earnings of the State's railroad under Demo moas withPvepubhcans, Republican officials and "!?,?„ ^„„ftn, n„irt »ll nr n,>.»rlv>,.ll' of theStnte-i Kepublican governments in the Southern States, cratic control, paid all, or nearly all, of the Slate's stolen at lea^t ninety miUions of dollars from the : already impoverished and needy." Do you be lieve this ? Have you ever seen any evidence of it ? Can yon cite one singliS/oci to prove it? Ordo you rely upon the statements of partisan newspa pers ? I have seen it stated in those same journals their proceeds; that all of these bonds and pro ceeds had been stdten by the " thieving carpet baggers," and that tue State's railroad had been given away to Cameron and Delano in trust for Grant. All this, it is alleged, has been done by «hat a large amount ot money was paid Governor B""°«'' «¦"! ^^^ Radicals in Georgia." Fenton for his approval of a railroad bill. Dojon the truth publishbd IN thh tribune eob believe this accusation against the ex Governor oqnsidbbation. upon that character of evidence ? Now, Mr. Greeley, the truth Jis — as y« know, or ought to know, for it was exact statement on PACTS. lished /oc o coniiideiration in tlie Tribune you were its editor — That tha Republican ' For more than a year the jonmals Hiat support ministration was inaugurated in Georgia, J you in the South, and some of those in the Non h, 4, 1868; that among all the principal Rejj have retailed the slanders against me and against Jikan otflcials — Chief Justice and Associate my administration of alTairs in Georgia, and pub- tices Supreme Court, Judges and Solicitors ( lie speakers of distinction arguing in your interest eral Superior Courts, Judges and Attorneys of! have uttered them. Content to rely upon the District Courts, Attorney Gebcral, Governor, 8^ truth and correctness ot my official records, and retary of State, Comptroller General, Treasij leave to tirae the refutation of my defamers, I did Commissioner of Public Works, etc., etc., f^ not consider those assailants worthy of speclHc is not one man who was not a resident citial. notice ; but now that you, Mr. Greeley, tho can- native of Georgia and a slaveholder before i didate of the great opposition party for the high- during thi> war ; that the bonded debt of Good est office in the world, give color, if not emphasis, July 4, 1868, was $6,356,635; that the iHcreas*)^, to those slanders, and assume to present them aa that debt during my administratioin ot nearly foS' a reason, if not the only reason, for the defeat of years was only $4,800,000, of which $3,000,000 waaff a Republican President, I feel that duty to the for State expenses, payment of ante-war bon(t^jii| J5arty, to my.5elt and to you de'nand that I should etc., and $1,800,000 tor raih-oad construction. g; that instead of forty or fifty millions increase in theStatedebt bytho "liadicals"— the", thieving •carpet-baggers' '-it was less thanfive millions. The •contingent liability incurred during that period by •State endorsement on the mortgage bonds of rail- raads constructed within the State was $6,683,400. Instead ot these amounts, or any part of tbem, being stolen, the reeorda ot Georgia show every bondT and every dollar registered and accounted for; — nearly one million of her ante-war debt and interest redeemed and canceled, the payment of the expenses of the Constitutional Convention, elections. Legislative expenses for five sessions, free schools, interest on the J)ablic debt, nearly four years, cost of Capltol and pnblic buildings and Executive Mansion, made necessary by re moval of the Capitol from Milledgeville to Atlan ta, enlargement and additions to the asylums, etc., •etc., support ot the public institutions nearly four years, over six hundred miles of railroad' construct ed and now running within the State, and an in crease of over fifty miUiona in the value of prope/nitiyj, as shown by the returns made by property holders. ' at their own valuation, for taxation. So that instead of " piling debts and taxes on their war- wasted States," as you say, we have caused to be built over six hundred miles of railroad within the State, aud enhalnced the value of property thereby over fifty millions of dollars in less than four years ot Republican legislation and administra tion. This has been accomplished, too, in spite of the most relentless, vindictive and murderous op position, and THERE HAS BEES no increase in THE RATE ot TAXATION. | These flgnres that I have given you are facts, ;r. Greeley. They do not lie, and you, and the emocracy and Mr. Toombs' Legislature, with its committees, whereby he promotes the pecuniary interests of his clients and himself, and perse cutes hia personal and political enemies, may twist arid tum, distort and reverse them how they may, the truth of them cannot be overcome. The figures are copper-fastened, but not " copper- headed." THE REAL COMPLAINT. The real complaint is not against the doing, but against the doers. All this, which would be com- iMuded by yon now, if the Democracy held the OMce, is " thieving carpet-baggery," when accom plished by Republicans, white and black. '|£6But the crowning outrage with which we are ed is the stealing of the State's railroad and ;,it to Messrs. Cameron and Selano in trust eident Grant. It is possible, Mr. Greeley, I did not know that this railroad was built ate, and opened from Atlanta to Cbatta- Sme twenty years ago. During these years, ily 4, 1868, under Democratic management, lost the State (not Including war times) ^ more money to run the road than it I the Treasury. We poor, despised Radi- Ivever, passed a law atttborizlnE( the lease .Foad, and appointing .a commission to wind {'affairs and pay its old debts. Under this road has been leased to the highest re- le bidder — a company of Georgia raUroad I and their aesociates, who had given, the I good bond for eight uillions ot d6Uars ^ f to pay into the State Treasury twenty-five and dollars cash at the end of every month twenty years, and return^ lhe road in good ir to the State at the expiration of that time. lutead ot stealing the road, we have fixed it bo ^^r new friends can't steal it, and " that's what's the matter." The Democrats made tho road lose nearly three millions in the twenty ye'ara past, and we make It pay more than six millions to tlie State during the twenty years to come. After the elec tion, pleose give me .your honest opinion as to whether the Georgia Republicans are entitled to praise or blame; it wo^ild not be politic for you to ¦ do so before. Under Republican legislation and administra tion inGeorgia, Mr. Greeley, every State bond that matured was promptly paid. The interest on the public debt was liquidated when dne, and the general expenses of the State were paid in cash on demand. Internal improvements were encouraged , over twenty millions ot foreign capital were brought tP and invested in the State, and the uni versal confidence and prosperity that prevailed was evidenced by the enhanced wealth of the peo ple as shown by their own estimated of the value of their property. Under the present regime, which by no means represents a majority of the people ot the State, the fair name of the good old •commonwealth is disgraced by a set of vindictive repudiators who have rained her credit and hor reputation. pensions fob C0>n?EI)Er.ATE aOLDIHES. And now,. Mr. Greeley, I must claim your atten tion while 1 speak of other matters in your care fully prepored speech ; the one you read from the m_anuscript. 'You state i most positively that "no Southern man who could be elected toaLegislatnreor made colonel ot a militia regiment, ever suggested the pensioning ot rebel soldiers, or any of them, even as a remote possibility," and yet you must have read in your newspapers from Georgia, that at the present session of the Legislature, composed. largely of Southern men who support you, and who are not only " Colonels," but Oenerals, bills had been introduced, and up to tho latest dates had passed the lower House, giving perieions to dis- ubled Confederate soldiers, and to exempt tlie property of diisdbUd Confederate soldiers from taxation. A leading member of the House, on whose motion these and kindred measures were adopted, said in his speech commending thera, that the " widows and orphans of the State who are debarred ot the RIGHT OP pension, extended to Federal soldiers, should be cared for," and on the same day that these proceedings were had, bills were reported by committee to repudiate bonds arid debts legally in the hands of, and justly due to Northem Republi cans. Do you believe these Greeley m6n would hesitate to adopt precisely the same propositions it they had 'a majority in Congress ? When, if ever, those men have that majority — and Ihe lead ers are now Greeley candidates for Congress— do you not know that the alternative will be presented and insisted upon, of payment for Confederate bonds, cotton and slaves, pensions for Generals and soldiers, widows and orphans, or repudiation' of the Union debt ? The demand would be " con solidation of the Confederate and Federal bonds, or the payment of neither " — and you would sur render. JUSTICE AND RECONCILIATION. You also say : " From those who support me in the South I hear bnt one demand— Justice ; but one desire— Reconciliation." Do you forget the martyrs Ashburn, Adkina, Ayer and Ruffin ; all white men, native Georgians and leading Republi can officials in Georgia, who lost their livcs for opinion's sake by the hands of Democratic aasas * sins ? Do you remember the massacre at Camilla, As Mr. Lincoln said thirteen years ago, is not aU Georgia, where Republicana, white and black, thist&ik.byyouotfusticeandreconciliaiionlOTthoBe were shot down and hunted through the forest who support you in the South, "one of those with dogs, because they dared to attempt holding sophistical contrivances « * ¦^ ¦» such as a Republican meeting where one had been forbid- Union appeals, beseeching Union men to yield to den by those who now support you in the South ? disunionists, reversing the Divine rule, and calling These are but sample cases of hundreds similar in not the sinners but the righteous to repentance ? " atrocity and of later date. Have you ever heard from those who support you in the South a de- nullification. mand for Justice upon the fiends among their own Speaking for those who sunport you in lhe number who have perpetrated these bloody gomh J ^^^ Greeley, "they wish to be deeds? Have they ever extended, offered or exer- heartily reunited and at peaie with the North on eised Scconcihation tow&TdBihose persons in their ^ny terms which do noi involm a mrrender of their eornmumties who^had the tenaerity to denounce rnanhood." Does it not occur to you that the "°° "" "~ ~ " * " •"¦'•-- -~ " indefinite? Twelve would not submit to , . , . --.,,- ,1 i- .» ""<- cict""" "J. a i.m>;o. Republican " President, temptnously ignore even the small squad of re- 3^3 t^ey made war to destroy the Government. calcitrant Reput)hcans who humbly oflered to faU ^oar years ago, and smee, "their manhood'" t A?i *^ ^O'^sli'P yoiJ ^'tli them, the other day, ^quj^ n^t perWt negroes to enjoy equal, civil and aiAUanta. political privileges. At present " their manhood " The Toombs Legislative Committees having revolts at the thought of any one daring to deny been compelled to admit that there were no bonds their sacred right to compel the negro to exercise issued during my administration that were not his civil and political privileges as they may die-. regularly executed, recorded and account»d for as tate. In fact, do you not know that " their man- required by law, now raise a question upon the hood" will accept nothing less than the same constitntionality of the laws by which the issue complete surrender to them by the whole Union vfas authorized, and assume to decide that ques- element whioh they have accepted from yourself, tion adversely, by recommending repudiation, aad a very small portion of it ? The Legislature refused to accept an amendment , to the report, offered by a leading Democrat, to . kouitt Aisn t!tf,itt submit the question of constitionality to the State ^siuii i ajmj kii^i.i. Sapreme Court, a majority of which is now Dem- You say that those who support yon in the ocratie. Thus a legislative body, a large majority South " ask that they shall be regarded and treat- ot whom support you, usurp the functions of the ed by the Federal authority as citizjens, not cul- Bxecutive and Judicial branches of the Govern- prits, so long as they obey and uphold every law ment; pass and enforce judgment upon the con- eonsistent mi.^ equity a-nd right.^' Now, when that Btliutionality of laws enacted by their predeces- sentence was carefully written out and read from sors, and deny to citizens who are wronged and the manuscript, did it not impress you that there robbed the right ot appeal, even to our own was a striking harmony between -this proposition Coarts. Ia this Justice y Is this Reconciliation ? a*d the doctrine ot nullification ? If those wha "Would the same men in CoBgress hesitate to de- support you in the South are to judge what is clare and to vote that the laws authorizing the na- " consistent with equity and right," which, it any,. tional debt were unconstitutional, and refuse to ofthe laws for the benefit and protection of the for the payment of the negro and the Union man will they " obey and up hold?" In April, 1865, many of the same per sons considered themselves very fortunate when they were permitted, by the generosity ot General Grant, to take themselves, their personal property and Govemment horses freely away trom captivi ty on parole to "obey tJie laws in force where tliey may reside.^'' Were they not on that occasion, " treated by the Federal authorities as citizens, not culprits?" Do you propose, if elected Pr^" dent, to amend that parole so it wUl read, "UD the laws in force where they may reside, it com eiit with tlieir ideas ofequUu and right?" Csa^ point to the time and place when, with the exa tion of Mr. Jefferson Davis, those who snpn you in the South have been treated by the Fe' authorities otherwise than as "citizens," " they laid down their arms ? Can you point t make appropriations interest or principal ? My predecessor in office, who was selected un der the Johnson policy, refused to recognize the validity of the reconstruction acts, and instead ot turning the Govemment property over to his legit imate successor, je absconded, fled the State, and carried with him or concealed the public treasure, the archives and the Executive seal. The Repub lican authorities of the State neither pursued or prosecuted him. Now that those who support you and agree with him that the reconatruetion acts aie "revolutionary, unconstitutional and void" have a majority in the Legislature, a reso lution directing the presentation to him of a medal has been adopted, with the following aa a part of the preamble : Whereas, Gratitude to a srrpnt nn;l o-norl imn ^'^"^ """ """" ""'"^ arms':' uan you pomiiMJK;: deference to th eouragement at patriotism and virtue in the gener ations to come, alike render it good that we should make and put in imperishable form a recognition of his fidelity to his trust; therefore be it resolved, etc. May we not reasonably expect a similar nream- blein honor of "ex-President Jefferson Davis," as a measui-e of Justice and 7-ecoiiciliailmi when the same parties, under your lead, secure a majority in CoDgreEs ? in their communities who dared to uphold ] rights conferred upon negroes by Federal autlf ity ? It is not the restriction, but the extena' of privileges of which they complain. It J quite consistent with their ideas of "eqnityi right" for President Johnson to diafranchiael the wealthy white men under hia policy ot recbS,. struction. But not so the just and conclliator^f rule ot Congress that enfranchised all alike, whitfe and black, rich and poor. * 59 rapacity and villainy. Speaking again of those who sppport you in the South, yon aay, Mr. Greeley, " they desire a rale ^ich, alike for white and black, shall encourage ilranstry and thrift, and discourage rapacity and vUlainy," Did they desire this equal and benifi- cent rule in 1865, when they passed vagrant laws wbeceby blacks were to be sold to service, and mad&it a crime punishable with death oP impris- onmnt for life for a negro to steal a bacon ham or a bushel of meal ? Do they desire it now in this current month, when they are passing poll tax and other laws in the Georgia Legislature that win exclude blacks from the school house, the jury box and the ballot box ? Do yon find it in the laws lately passed tp make the violation of a labor contract by a negro felony, and tho employ ment by a third p^^ty of a negro claime^ as under contract to a whiteiiinan, a penal ofiensM Is the following adTertiscment, which I cut from a late Geoo^ia paper, evidence to yoi^r mind that the de- **•« for " a rule which, alike for white and black, sbaU encourage industry and thrift, and discour age Topacity and villainy," is being indulged by those who support you in the South ? '* ¦ BUSAWAY NSQRO. AreJiey Martin, a negro man ^t'io raade et con tract to wor'kfo? mc ihe present year, ran axiMi/-- about ihe first of February, wOhout the slightest provocation. Se, is a/bout Atlanta, as Ihave been informed. I wUl proseoute, to the extemt qf the law, arty person hiring hira. J. It. Milcheil. ApHln. if. conclusion. Toirare reported to have spoken, Mr. Greeley;, in your extempore remarks at the Falmoutli- House, Portland, in response to a serenade in the evening, as follows: "The sixty years that have passed over my head have taught me broader charity and kindlier consideration' for those with whom I have differed. I have learned to believe that there njiay be reason on the opposite side." Did yori forget that teaching of sixty years when you were carefully writing, out and reading from mannscript your slanders in the moming, or is^ your "broader charity and kindlier considera tion " reserved exclusively for those in the Sputh who have become "reconciled to the necessity of; -supporting yon ? " Will you make an effort to imdo the wrong you have done the Georgia Re- jjublicans and myself , when in future you pre pare a speech, will you have even the narrow char ity to confine your utterances to that which yoiis knovr, or even believe to be true. ? \ Rirpiss B. Bullock. August, 1872. 9708