New-York tribune., 1868-01-21

prations made by the Constitutional Convention which
assembled IN this state IN 1865.
You will please show this communication TO the Con-
UopIne that in the performance of the difficult and
embarrass ng duties now devolyed upon Inc may have
the cooperation and assistance OF the Executive Depart
Inen Of the state OF Georgia, am most respectfully,
9o'' GEORGE q. MEADE Major-Gen. L. g A..
Commanding Third Military District.
EXECUTIVE DEPARTMENT. !
MuLEDGEvILLE, Jan. 10, 1868.
Minor Gen. GEORGE G.. MEADE, L. y. A.. commanding
GFSsR,L: Your communication Of the eth inst. in
closing for nv consideration ordinance of Conyen
ION now sitting In Atlanta To levy and collect for
defrayng the expenses OF the Convention ana 0her pur
noses" having an Endorsement thereon by MajorGen.
John Pope then commanding tho Third District author
zing and instructng John Jones, esq state treasurer
10 nav the dsbursng officer OF the Convention $4,000 To
nav M expenses and the pay and mileage Of ts members
and officers up 23d day Of December 1867 and the
reply OF Mr.. Jones TO Gen Pope, was received after
10 o'clock D. III. yesterday, and numerous
nnavoidablo interruptions have prevented me
from replying In time for the mail Of today.
After recing the substance Of the enclosed papers,
You add Under these circumstances deem 1t proper TO
request you TO issue an Executive warrant on the state
Treasurer for the payment Of the amount, and for the
purposes specified in the said ordinance"
After consideration and with the cearest conviction OF
duty | must General, respectfully decline 10 comply
with your request. With fun appreciation of the
I ask your consideration OF the reasons which have
prampted the answer here given They apply to three
aspects OF the subject under consideration:
First have considered IL AS arising under the Const
tnton sf the State OF Georgia adopted IN 1863 and the
Constitution OF the United states b0h OF which upon my
Induction into Office, took solemn oath 10 NE best of
nv abilities 10 preScrr protect, and dend' one OF the
provisions OF the former Is expressed In these words
No money shall be drdcn from e Treasury ofhis state
rrcept by appropriation made by ldw" Here Is attempt
10 draw from the Treasury of this State large 0f
money. Has an appropriation OF this money been made
by law Clearly not, according to my conception.
venture the assertion that learned. upright Juris
would hold that the term iG, as used in this connec-
tion signifies statute emanatng from the lawmaking
power established by that Constitution aud none other
What else can II mean You say " In this
View d. IN view OF the necessities OF the Conventon
regard this ordinance appropriation made by
Law IN the used by the Constitution OF Georgia"
From this CONCLUSION, General most emphacay dis
sent Whence does this ordinance emanate - From a
Convention assembled 10 make Constitution for the
State of Georgia. which intended TO supercede that IN
which the above prohibition Is contaned-a Convention
not assembled either IN the manner pointed out by ITSELF
NV the spontaneous action OF the constituency
nized by It. The concluding clause OF Constitution OF
ss5 reads thus " Ihis Constitution shall be altered or
amended only Convention OF he people. called for haf
| u,,,,,ose bU Act OF the General Assep,by"
naar i'm mind, General that discussing your
proposition that the present ordinance IA to be regarded
al an appropriation made by law in the sense used by
the Consultation OF Georgia. which proscrbes that 40
money shall be drawn from the Treasury OF this state
cent y appropriation made by law. AZ logieian Jo
ihs purpose Of s argument y9d concede that "n oodA