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GEORGIA WEEKLY OPINION
THE WEEKLY OPINION.
BT V. L. 8CHUOOS AND J. B. DOUBLE.
WEDNESDAY MORNING:::: SEPT. 28.
The Ji’ROK Quehtion.—Tne correspond
ence between Judge Reese and Maj, Gen.
Tore will arrest the attention of the
thoughtful reader. Judge Hunan sets out
with thu proposition—which. If not enun
ciated, la plainly Implied—that the State
Government of Georgia, an organized un
der the dictation of Andrew Johnson, In a
legal and Constitutional Government. The
law-making power of the Government has
declared differently; and Gen. Porn, as a
faithful officer of his Government, charged
with the special duty of enforcing the laws
•ol Congress, seeks only to enforce tho law
as against the opinion of Judge Reese.
As they cannot agree, and as the existing
State Government is only Provisional, and
by tho terms of tho Reconstruction Act,
subordinate to the Military, it only remain
ed for Gen. Pope to suspend the official
functions of a provisional officer who ro-
fiiscd compliance with the regulations of
the Military.
••SOCIAL KQUALITY.”
The Union Republican or Reconstruc
tion party of Georgia Is not a revolution
ary party. If Is not a Repudiation party.
It Is not an agrarian party. It Is not a
“social equality” party. It seeks to pre
serve, not to destroy. Republican govern
ment. It seeks to place ull men upon terms
of equality before the I.aw, without In
fringing upon the vested rights ol any. It
seeks not to Impair the obligation of con
tracts. It seeks not to exempt certain
classes from their Just proportion of taxa
tion.
Kqual taxation, equal justice, equal legal
rights, the demolition of monopolies, the
establishment of Public Schools, a united
country under one common Government—
these are the aims and hopes of the Uulon
Republican party ot Georgia.
Is there anything very horrible In this?
Is there anything very objectionable In it?
If so, where ?
Mr. Jefferson once said that each and
every man In tho country constituted a
part and parcel of tho Government. If
that Government Is to be free, Its several
parts or integral members should be free.
There should be no distinction before the
I.aw. All were equals] before tho bar of
State.
“Sochi! equality ” Is ono thing; political
equality Is another thing. The Drat is not
possible in any country; the latter Is prac
ticable only In a Republican Government.
One man may be learned and refined; an
other unlearned and uncouth. Their tastes,
their habits, their enjoyments arc differ
ent; and hence their associations will be
different; their social status will be dif
ferent. Rut they are both citizens of a
common Government. They have the same
right to life, liberty and the pursuit of
happiness. Both have the same obliga
tions of citizenship resting upon them.
They are therefore equally Interested in
the choice of rulers, In the enactment of
laws, and In the malntalnance of Impartial
justice.
You may not force a man to join you in
she dance, to eat at your table, to share
your pew at church, or even to recognize
you on the street; but, as a member of so
ciety, you may force him to pay taxes, to
sit on juries, to pay Ills debts, to keep the
peace, and to glvo testimony before the
civil tribunals. If therefore, A and B are
both forced to pay taxes, to sit on Juries,
to testify from tho same witness stand, or
to sue or be sued before the same tribunal,
does It necessarily follow that they are so
cial equals ? Does every man on a jury
feel under obligations to regard his rellow
jurors as his social equals! Docs the act
of voting together at an election make
men social equals? Is every man who
stops at the same hotel at which I am stop
ping my social equal ? Is every man I
meet at the polls my social equal ?
Tills bug bear of “social equality” pos
sesses no terrors for those who feel secure
In a respectable social status. Gentlemen
of merit and education, whose social posi
tion is unmistakable, can well afford to
meet the less gifted and loss fortunate Afri
can in the discharge of the duties of a citi
zen, without Impairing his social status.
Indies of culture and position may recog
nize their house maids as their equals be
fore the Law without fear of Impairing
their social position. It Is only your snob,
your Ignorant, Ill-bred upstart and pre
tender. who Is constantly afraid yon will
suspect his meanness, that ts ashamed to be
seen in the street car, at the polls, or In the
Court room with the humble.
Bap Policy.—A paper in Southwestern
Georgia advises planters to hold up
their cotton for twenty conts. Such advlco
as this, at a time when staple goods at the
North are on a descending scale, and when
the mills at Lowell are crowded with man
ufactures which they cannot tell, looks
stupid. Better sell upon first market, and
pay debts.
tSTTho worms, says a gentleman wri
ting to tho Now Orleans PIcayvno from
Enterprise, Miss., under dato of tho 10th
lost* arc slaying cotton In this section of
the country. Old farmers say they havo
not appeared so numerously before in
twenty-sbe years. They have damaged
somo crops llfty per cent., and stUI at work.
What will becomo of us poor unfortunate
cotton planters ?
Bf The number of Immigrants arrived
at New York last week was 4,000.making a
total of 181,009 from the 1st;of January
to date, against 179,234 for the correspond
ing season last year.
Personal*
The numerous friends of Henry Tlmrod
the poet, will regret to learn of hit extreme
Illness. lie Is lying very low of lung fe
ver in Columbia, S. C.
It is learned from a well informed source
that the British Government will not at
present appoint a successor to Sir Freder
ick Bruce. The duties of legation will bo
performed by tho flrst Secretary, Francis
Chi reford.
.Mr. Blackburn, who returned to the
United States after the issue of the Amnes
ty Proclamation, has gone to New Orleans.
The Soldiers' Union, ft is said, threatens to
prosecute him for'his alleged conspiracy to
murder thulr friends by sending Infected
clothing to them during the war.—Il'asA-
ington dispatch, 23d.
The Baptist Association at Mt. Zion,
Parties from the city, says the Columbus
Hun of Tuesday, who attended the Baptist
Association, held at Mt. Zion Church, esti
mate the number of people present, Sun
day, at the lowest calculation to be ono
thousand. Dr. J. H. Dovotlc, of that city,
delivered In the morning, the Missionary
sermon, an effort highly spoken of. A
dinner provided on the previous day, suf
ficient for nil who attended, was spread In
the open air. We arc nlsotbld there was
preaching in the afternoon and at night.
We presume that the Association adjourn
ed yesterday, and that a summary of tho
proceedings will lie furnished us.
Cotton Items.—Receipts of cotton In
Montgomery last week foot up 1,788
bales. Market quoted at lO'^c for mid
dlings.
The Augusta papers mention tho pur
chasing in that city on Saturday, by the
Grnnlteville Manufacturing Company, of
223 bales of cotton at 20, 1 ‘jc.
Selma Cotton Statement.—Stock Sept. 1,
18011,301 bales; total receipts of tho past
season, 33,155; total shipments, 32,471;
stock Sept. 1.1807. 338; since Sept. 1, and
to the 13th. 083 hales had been received;
stock on the 13th, 703 bales,
Floyd County Supebiob Court— An
adjourned term of this Court met on Mon
day, Judge Underwood presiding.
Captain Charles Danlcll, summoned for
a talisman on the Grand Jury, was excused,
on the ground that he had not registered as
a voter.
The following Grand Jurors were sworn
In:
Geo. S. Black, Foreman; Thos.‘J. I’orry,
John N. Perkins, James W. Belman, D. F.
Holman, 11. S. Harbour, Elkanah Everett,
A. W. Metcalf, Wiley J. Selman, John Mc
Kinney, James M. Barnett, w. B. Ford,
Riley J. Johnson. James M. Spurlock, W.
A. Frost, Augustus C. Ware,. Wallis War-
W. Gilliam, Green It. Duke,
The Pubksological Joubnal.—The Oc
tober Phrenological Journal contains Por
traits and Characters of Mary Queen of
Scots; Charlotte Bronte;Thomas Nust, the
Artist; Ira Aldridge, Tragedian; Alfred
Sewell, and others. Well-written articles
on Anthropology; Married or Slnglo?
Boots and Beauty; Sick Headache, Its cause
and Cure; The Fashions, Illustrated; Man’s
Spiritual Nature; Forming Cuabacteb;
tho American Physiognomy; “Express
ion ;” Whining Women; Grapes]and Black
berries. Illustrated. *3 a year, or 30 cents
a number.
Address S. R. Wells, Editor, 380 Broad
way, New Y’ork.
The Atlantic ani> Gulp Railroad,
Tho Macon Telegraph has Information that
this road will be llnlshed and tho cars run
ning to No. 20, fourteen miles west of
Thoiuasvillc and twenry-one froiuBaln-
bridge, by the 1st of October. Tho com
pany expect to complete the road to Bain-
brldgo before tho close of tho pear.
Suicide in Acocsta.—Michael Owens,
a native of Ireland, committed suicide In
Augusta Saturday night, by swallowing
six ounces of opium. He was 45 years of
age, and had roahled In Augusta for a num
bers of years.
|ff A pclllcan was killed on Monday,
near Knoxville, Tennessee, measuring
eight feet from tip to tip of its wings, and
when standing erect about live and a half
feet. ^
tar Recent experiments prove, so a Ha
vana paper says, that the leaf of the potato
Is a perfect substitute for tobacco. Then
we shall soon have cigars of “mercer filler”
and “pinkeye wrapper.”
HT A half Interest In tho Albany Tri
weekly News Is offered for sale.
Cause or the “Black Death” in Ire
land.—The cause of tho mysterious cases
of tho “black death" which occurred in
Ireland a few weeks ago Is said to have
been discovered. A good many cattle have
been dying recently of a form of blood
disease known as carbuncular fever, and In
two or three Instances the flesh of these
cattle has been eaten by other animals. In
ono case a dog lapped some of the blood of
a deceased bull, and, after suffering from a
black eruption, died in a few hours. In
another, a pig which had eaten of a de
ceased cow's offal died under similar cir
cumstances. The eruption and tho symp
toms are said to have been prechcly llko
those observable in the human victim of
“black death,” and it Is, therefore, supposed
that the latter disease may have been en
gendered by the eating or meat front ani
mals In a stato of carbuncular fover.
HTThe two white men and negroes that
made an attempt to escape some tlmeslnco
from the Penitentiary, sixteen In number,
were tried at tho Superior Court term last
week, and sentenced for four years more,
the Jury recommending them to tho mercy
of the Governor, who alone can remit the
sentence, and pardon them out at the ex
piration of tho time for which they were
originally sent. It was a new Idea to the
negroes that an attempt to escape was a
penal offense, and that their time could be
prolonged for four years more. They will
hardly attempt It again.—Milledgevtlle Re
corder,Sid.
WHO MAY BE JURORS.
IMPORTANT fOHUESPONBENCE.
A Superior Court Judge thinks the
Johnson Slate Government C'onstl-
lutloual.
Tho following Is the correspondence
passed between Judge ltccso aud General
Pope:
Madison, Ga„ Sept. 5th, 1807.
To Molor General Tope. Commandant Third
Military District, etc,.:
General: Since I have been on tho
Bench Of the Superior Courts, I havessdu-
touely endeavored to have justice adminis
teredaccording to law, “without discrim
ination us to duties or Individuals;” how
far I have succeeded is beat known to the
people, the liar, and “thu Supremo Court,
for tho correction of errors.”
Since tho passage of wliat arc commonly
called the Military Bills, looking to my
own Interest, ns well as the Interest of tny
constituents, 1 have labored to conform to
all military orders, and until the publlcn-
tlun of General Orders Nos. 53 and 55,
ho|icd I should he able to do so. Truthful
ness. General, requires me to say that 1
cannot obtain my consent to be niado in
strumental In carrying out these orders;
and It Is due that you should have my rea
sons, which I will now proceed to give
without much nrgumcntutlon.
General, when 1 received from the peo
ple of my Judicial District, through tho
Executive of the State, my commission, I
took and subscribed the following oath,
viz: “I awear that I will administer justice
without respect to persons, and do equal
rights to the poor and tho rich, and that I
will faithfully nnd Impartially discharge
ami perform all tho duties Incumbent on
me as Judge of the Superior Courts of this
State, according to tho best of my ability
and agreeable to tho laws nnd Constitution
of this State, and the Constitution of the
United States.” IVhen, how and where I
have heen absolved from this obligation, l
am not able to understand. With tlds ob
ligation remaining, after a careful review
of tlio several theories, touching tho status
of the Southern States, 1 am unable to
adopt any processor reasoning by which I
can arrive nt the conclusion that the or
ders referred to are the laws of Geo:
the Constitution thereof, or the Const
tion of the United States, or arc otherwise
within thu purview and meaning of said
obligation.
My analysis of these orders is, that tho
competency of jurors is made to depend
upun the ]K>litics of the person summoned.
It tho citizen summoned has registered, ho
Is a competent juror; If ho has nut regis
tered, ho must be set aside. Now, if regis
tration, like the payment of taxes, was a
legal duty upon the citizen, there would be
some plausibility In the legislative author
ity’s excluding lilm front tho jury box
until lie discharged that legal duty. But
the Military Bills even do not make regis
tration a legal duty; on tho contrary, It la
left to the free will uml discretion of every
citizen who can tako the required oath to
register or not. If these orders were In
tended as a punishment upon such citizens
as cannot taka tho required oath, It must
not bo forgotten that there are hundreds, if
not thousands, In Georgia who havo ever
been considered true to tho Federal Gov-
crumcnt, and who can take tho required
oath, hut who havo not and will not regis
ter, fearing they may by registering com
mit tliomsclvcs to a programme which will,
in their judgment. If successfully carried
out, work an entlro change in the form of
Government under which tho people of
the United States were for so long a time
prosperous and happy. This last men
tioned class of citizens, I think, are in
error; for I hold that every citizen
who can, ought to register, and thereby
qualifj' himself to prevent mischief;
but these citizens In declining to regis
ter are but exercising the rights or Amer
ican citizens—rights conceded by tho Mil
itary Bills, nnd in declining to register,
commit no crime, und violate no icgul
duty. Thcso orders carried out cannot fall
to affect most injuriously the rights and
Interests of parties in court, especially as
they have the rigbt under our system. In
equity, appeal, and criminal cases to select
impartial Jurors. You will pardon me.
General, In saying that under most latltu-
dlnsrlnn construction pf tho Military Bills
I can Hud no authority for making the
politics or a citizen the test of his compe
tency to serve on a jury, and thereby It
may bo jeopardising to parties In court the
right of being tried by an Impartial Jury.
If tho officers of court wero ordered to
have the juries made up ftom the list of
membership in the Baptist, Methodist or
Presbyterian, or any other church, I can
not see that such order would he more In
conflict with Americanism, than these or
ders. In the one case tho religious creed
of thu citizen would bo the test of his com
petency tosit on a Jury—In the other case
the test of his competency Is his politics.
Were I absolved from tho obligations re
ferred to there arc other considerations
sufficient to deter me front undertaking to
administer Justice through tho Instrumen
talities Indicated.
Precedents, General, ill all public mat
ters, especially In judicial matters, if based
upon wrong principles, are dangerous
things—their Influence for evil Is felt long
after tho occasions, which gavo birth to
them, and their authors havo passed away,
1 am unwilling to ho iiuulo Instrumental In
engrafting upon American jurisprudence
thu principle that the competency of a
'itryinan Is dependent upon Ills politics.
The principle would endanger the Impar
tiality of juries, and sooner or later destroy
all protection to life, liberty, and property.
Again: without (briber authoritative
legislation, in view of my raponslblllty to
the law whenever the people of the United
B|atcs should become eanc, aud in view of
m.v accountability “to Him that It ready to
Judgo tho quick and the dead,” no earthly
consideration could Induco me to past sen
tence upon a person convicted of a capital
offcnco by tho verdict Of Blury organized
az Indicated in Orders No. 63 and 65.
Whilst I do not expect you, General, to
eonear IB tM views herein presented, 1 do
clalm|to havo accorded to me frankness, and
honesty of purpose, qualities, once consid
ered virtues the cxlstcueeof which among
Georgians, 1 fear you havo had too rarely
occasions to remark, since you were called
to your present position. General, I regret
to nave to present these considerations;
but I dare not Ignore my convictions of
duty. If you should feel ft to be your duty
to prohibit me from the further exercise of
judicial powers, notice of that fact at your
earliest convcnlcnnce Is desirable. I shall
make no Issuo with you, for the reason
that I know of no appellate officer or tri
bunal In the country at the present time
adequate to the occasion.
With high consideration, General 'I am
yours, most respectfully, en v > -i ■ vy-■
• ‘ Augustus Riese.
N. B.—The regular term of Greene coun
ty Superior Court begins on Monday next.
HEADQ’BS THIBD MiLITARYDISTRICT.)
(Georgia, Alabama, and Florida,) >
Atlanta, Sept, 1867. )
Honorable Augustus Iteese, Madison, Ga.
Dear Sir: I havo the honor to acknowl
edge tho receipt of your communication of
tbo 5th Inst, lu which you luform me that
you cannot as Judge of a Superior Court
of tbo Stato of Georgia, obtain your con
sent to bo made Instrumental In carrying
out orders 53 and 55, issued fr-om these
Headquarters, and stating your reasons
therefor.
Whilst I thank you for the candor of
your communication, I regret that yon
have reached such a conclusion. I cannot
undertako to outer Into any argument to
convince you that my orders are legal and
obligatory upon you. It seems not Im
proper, however, to stato that tho position
upon which your conclusion Is based, apr
pcara to me to be totally untenable. Your
argument is founded npon tho theory that
tho State Governmontof Georgia Is a legal
one. and that all acts contrary to tho laws
of the State, even when done In pursuanco
of tho acta of Congress, are Illegal. The
preamble of the Reconstruction acta con
tradicts this theory In direct terms in tho
following words, viz:
“ Whereas, no legal Stato Government or
adequate protection for llfo or property
now exists in the rebel States of •
Georgia, * • Ac.”
Tho acta then proceed recognising tbo
existing State Governments as provisional
■ncrqly, and establish a Military Govern
ment to which tho Provisional Govern
ment la made, in almost every respect, sub
ordinate. -
As tho laws of the United States aro
paramount In Georgia, it follows that no
proceedings of the existing State Govern
ment of Georgia possessed any validity
whatever prior to the enactment of the
Beconstructlon acts, and that whatever
validity they possess now thoy owo entjre-
ly to that recognition. Whenever the pro
ceedings of tlio Provisional State Govern
ment, cither in Its cxccutlvo or judicial
departments, conflict with tho provisions
of the Reconstruction acts, or with the or
ders of tho military commander acting In
conformity thereto, such proceedings are
without legal validity.
Thu power Is vested In me, by tho Re
construction acts, to tnuko such orders as I
consider necessary to carry out tho objects
therein spcclfled, and such ordors, there
fore, curry with them, In this District, all
tho force of law, until they aro modified or
countermanded by higher authority than
mine.
Any law of the Provisional Stato Gov
ernment lit conflict with orders thus issued
is null and of no cffuct, and any proceed
ings whatever under a law thus set
aside by military orders, arc without val
idity.
Jly orders 03 und 53 were Issued by vir
tue of tbo power thus vested In me, and I
consider them necessary to tho execution
of the acts of Congress above speciAed. As
tho Reconstruction nets became laws of the
United States in the manner provided by
tho Constitution, nnd ns the question of
their Constitutionality has been presented
to the Supreme Court of tlio Ulilted States,
and that highest judicial tribunal of the
country has decided that it has no jurisdic
tion in tho case, tlio consideration of that
question by subordinate military or judi
cial officers Is scarcely admlslble.
Your arguments against political tests ts
very good, but totally inapplicable to the
My orders require Jurors to bo selected
from the registered voters, but make no
discrimination ns to their politics.
Whilst I do not, for the present, prohibit
you from tho further exercise of judicial
powers, I do require you to observe tho
above orders, uml will not overlook any
failure on your part to carry them fully
Into execution.
I am, sir. very respectfully.
Your obedient servant,
Jxo. Porn,
B’tMaJ.Gen.U.S. A,
Commanding.
Madison, Ga, Sept. 16,1867.
To Maj. Gen. Pope, Commandant Third
Military District, de.
General: Owing to my nbsenco In liold-
lng[Grceno county Superior Court, your
letter (without date) In reply to my com
munication of the 6th Inst, was not receiv
ed until tho afternoon of Saturday last.
Ypur suggestions In relation to Orders
Nos. 63 and 55 have caused mo to give my
communication of the 5th Inst, a most
careful and searching review, to see If I
could And any fallacy In the argument, or
error In my conclusions. Candor compels
me to say that I have been unable to de
tect either. You say “my orders require
the furors to be selected from the register
ed voters, but make no dlstlnctlona as to
politics.” Now, It is certainly true that
the orders do not, In so many words, make
n distinction as to polities, but upon what
ground Is It that a large number of our
citizens who can take the reglstratloqoath
are excluded ? Tliotr politics Is, not to
moat respectfully submit that my analysis
of these orders, as contained In my first
1 m. Is correct, to-wit: that by
be pol
made the test of Ills competency to alt up
on a jury. I concede to tho foil extent
tlio doctrine that the private citizen ts
bound to conform to all lawa passed by
sutborlty. until they aro declared void by
the Jlidictary; but a Judicial officer in the
dlsclinrgeof tits duty, sworn to administer
bis office agreeable to fundamental law, oc
cupies a very different position. I thank
you, General, for the deferential consider
ation you have pleased to glvo my embar
rassments upon this subject. 1 can't see
that 1 have any alternative in the premis
es, other than to proceed with the discharge
of official duties as heretofore, until you
shall ftel It your duty to have given to me
a prohibitory notice.
With high considerations. General, I am
yours. . Most respectfully.
Augustus Reese,
Judge Superior Courts, Ac.
N. B. I havo an adjourned Court In Bald
win county, commencing to-morrow.
Next week Is tho regular term for Putnam
county.
Atlanta, Ga, Sept, 17,1807.
Dear Sir: I received this morning your
letter of the 16th Inst, in answer to mine
of the 6th inst.
As our vlows of your duty to observo
and comply with orders issued by mo as
District Commander are irreconcilable;
and as Icooalder it my duty to enforce my
own opinion on the subject, and as I am
unwilling In tho caso of a gentleman of
your character suul standing, to resort to
so unpleasant an act as your removal from
your office.! suggest that; to avoid on-
pleasantness, which I am sure neither of
us seek, you resign your office. . . _ ,
If yon should conclude to do so, bo pleas
ed so to Inform me, aud to consider, this
letters positive prohibition against the
forther exercise of your office, unless you
ment should deprive the State of Georgia
of the aervlces of so competent and worthy
a Judge.
I am, sir, vety respectfully,
Your servant.
(Signed) . _ John Pope,
Bvt. Maj. Gen. U. S. A.
Com.3dMII.Dist.
Hon. Augustus Reese, Madison, Ga.
Hilledoeville, Sept. 20,1867.
To Maj. Gen. John Pope, Commanding 3J
Military District, ie.:
General: Yours of the 17th inst. In re
ply to my letter of the lOtli, was not re
ceived by mo until last night. I cannot,
as yon have been heretofore advised, con
sistently with views of duty, be made In
strumental In carrying out Orders Nos. 63
and 55, nor can I bring my mind to the conj
elusion tbatl ought to resign. Your let
ter, therefore, Is accepted by me as “a pos
itive prohibition against tho forther exer
cise of my office,” and will be acquiesced
In by mo at such.
I think you for the kind and compli
mentary manner in which you have been
pleased to communicate your prohibitory
order.
With high consideration, General, I re
main yours, Most respectfully,
Augustus lima
ffomf.'"’ 0,1
Milledgeville, Sept. 14,1867.
To the Hon. Dawson A. Walter, Dalton:
My dear Judge: 1 received your letter of
the 5th Instant, referring to our frequent
eonversatlona heretofore concerning our
condition as a people, and desiring me to
reduce to writing the views expressed by
mo as to “the status of GcoreU” at this
time, and the course which 1 thought It
most expedient to pursuo In reference to
the proposed call of a Convention to re
vise the State Constitution; with the addi
tional request that you might exhibit or
publish tho same, as you thought proper.
I sat down at onco to comply with tho
request to rcduco my opinions to writing,
but found, after I had done so, notwith
standing a constant effort at condensation,
that I could not either till!
sent them within such linn
of good tasto require In a letter. I. there
fore, must beg you to excuse me for not
forwarding tho article prepared, and to
substitute therefor, very much compressed,
a mero outline of tho course of thought by
which I have been conducted to tlio con
clusions herein stated, nnd on which I
would act, were I not disfranchised.
It Is my conviction, after long and ma
ture thought, that the many great ques
tions involved In the Inquiry, “What is the
status of Georgia at this time?” cannot bo
solved by considering them as falling wlth-
’ ’ — ithcr municipal or con
the application to them of the principles
of international law, to which domain of
jurisprudence exclusively belongs the ad
justment and determination of tho con
troversies of States lately belligerent, and
tho relations which, upon the cessation of
hostilities, tbey bear to each other.
Let mo in advunco say, that, educated
from early manhood In the political school
of Jefferson and Troup; and believing In
the sovereignty of each State, and, conse
quently, In the abstract right of secession;
my opinions are, as you will see, the neces
sary result of such an rnueaf Ion.
Now, I tako It to be an undeniable fair!
that Georgia, by the Ordinance of her Cun
ventlon ill 1861, did dissolve her connec
tion with the Federal Union, and renounce
the Federal Constitution.
This set put Georgia out of tho Federal
Union.
I take It to be also an undeniable fitet,
that Georgia, as a State, has not been re
stored to her former position in the Federal
Union.
Tbia being so. she Is still out of the Fed
eral Union. What Interest or property as
a State; tr my premises are right, she has
In a! Constitution which she solcmly re
nounced, and which has not been re-ex-
tended over her as a State In the Federal
Union, 1 am at n loss to discover. Having
none ns a State, how can she, In reference
to political rights and privileges, rightfully
claim its benefits and protection ?
Upon thla view you will perceive that I
utterly deny that there waa a civil war In
Its legitimategense—that we were rebels—
traitors; A necessary consequence from
this position is, that vpon tho termination
of hostilities there can be no confiscation
or amenability to the muoletpal laws of
the conqueror.
The claim that the Constitution Is Ours,
and that wo have never parted with It,con
tains within It the fatal admission of onr
guilt as traitors.
“Tho status ot Gcorgis, then, at this
time,” Is that of a conquered State out of the
Federal Union.
If thU Is so, It Is In the light only of tho
laws of nations that our aituatlon can be
properly considered.
It must, I think, bo conceded by every
j.rlst, whose reading has extended beyond
Blaekstono and tlio Constitution of the
United States, that It la a settled and un
questionable doctrine of tho laws of na
tions, that tho conqueror, according to tho
customs of Christian civilized nations, may
rulo tbo State conquered at his will, as by
moulding Its political Institutions to that
will, with no other restrictions on his pow
er than the customary usages of such na
tions.
Tho Congress of tho United States, from
t5fs source, and this alone, derived their
power to paaa the Reconstruction Acta:
they do not spring from tho exercise of
enumerated and delegated powers to Con
gress, but from tho power outside of the
Constitution Inherent In tlio victor.
Viewing those acts, then, in the light of
terms imposed by tho conqueror or con
quered—and I am driven bv a stern logic
to look at thorn in that fight, and none
oth«r-so regarding them, I am called on
to determine what lino of conduct It Is
moat expedient tc pursue. I am compell
ed to remember, alto, at the same time, that
there ts oo earthly tribunal to which tho
a red can appeal for remedy or ro-
Arowe not, then, by an inexorable
ty, compelled to choose between ac
quiescence In those acts, or resistance?
Tho other alternative la. the only thing left
J. ,
From the views I have thus taken of onr
situation, and. thoroughly convinced that a
Convention will be called, that tho opposi
tion of the whites wilt not only be utterly
unavailing, hot actually prejudicial, I am
constrained to say, being very much con
trolled In my judgmentoy what I deem a
wise expediency, as also .by reasons which
prudence forbids tks .utterance, of now.
that if 1 had the right to'a vut* I-would
vote for the call ot a CdRveuUou. l wquld
then cordially oa-opctibwOjrltny the
colored voters In ,the. jhsctWa to
that Convention ot tbo ''mostv. In
telligent, Independent, dlspataWoate'and
prudent delegated not dlsfraoeotyfr
ouldflnd. To them I would commit
conform to my order concerning Juries, in could find. To them _
this State.' ■ ”“••**•“•** high task of moulding our organic law
I regret very mush t that this disagree* according to onr altered oonditkon, so as to
fulfill tho requisitions of tho recostructlon
acts, that Georgia may bo restored to ths
Federal Union | and If our present State
Constitution needed other guards for the
protection of public and prlvato property
Against plunder or legislative abuse, they
should bo provided. By tbo apoptlon Or
the provisions of these acts in refer
ence to suffrage, I would dose at once,
which, If not thus disposed Ot, will prove
a perennial fount or agitation, anxiety,
alarm.
It Is difficult to over estimate the import
ance of vigilance and concerted action on.
tho part or all good and true patriots in
preventing tlio convention from getting
Into tho power or under tho control of
aelflah, unprincipled, lmd men, who, for
alnlster purposes, It Is believed, aro now in
dustriously occupied in striving to estrange
aud alienate permanently the whites and
black/).
It Is my best judgment that the course
Indloated bv me will more effectually con
tribute to thwart tho purposes of such vile
creatures than any others
If, however, all effort to guard tho Con
vention against a power and Influence so
much-to DC dreaded should prove unavail
ing, and a Constitution under their man
agement, embodying other provisions than
those required by the reconstruction acts.
ot a proscriptive, unjust, and offensive
character to the whites, should be made by
It, and presented for ratification to a popu
lar vote, rten let the whites unite, ana with
manly scorn Indignantly reject It.
Accustomcn to form my own opinions
and freely to express them, I know of do
sufficient reason why I should withhold
the permission desired. They are, there
fore; placed atyhur discretion.
| am, veryreipectfully,
Your obedient servant,
Ivebson L. Harris.
Tbe City.—Atlanta City Checks are now
bringing about 85 cents in tho dollar, be*
lng the highest figures tho same currency
has ever commanded. A continuation of
tlic very prudent system adopted by the
present able Finance Committee, it Is
thought, will soon place our City Checks
on a par basis with greenbacks.
Unimproved suburban lands wblcb,
eighteen month* ago commanded from
three to gix hundred dollars per acre, can
now be purchased for much less than one-
half that amount, and In somo Instances
one-fourth.
J.T. Shuftcn, colored, addressed a large
audience at tlio City Hall last Tuesday
night. He Is a man of considerable abili
ty, and blessed with a redundancy of words
surpassed by few.
An unusually largo number of wagons
were in tho city yesterday, and all of our
“country cousins” were In quest of “store
things” of somo sort or another. We no
tice that many of our merchants were
driving a brisk and lively trade. We
should not despair, there is evidently a
better time just ahead of us. Business can
not fail to gradually improve as the season
advances.
A fcw days since we made mention of
the fitet that Mr. James O'Halloran had
treated our friend Patrick Fitzgtbbon rath
er roughly, on Tuesday. Mr. O’Halloran
w«- brought J up standing” before his
Honor Judge Smith, to answer the charge,
and war fined $20, in default of the pay
ment of which he Is to sorva three months
In the chain gang as a laborer on the streets
of Atlanta.
About twenty hags of new cotton was
sold In this market yesterday. Ths large
portion of It was raised In Coweta and
Campbell counties. A small lot arrived
here the evening previous by rail, from
Bartow. The best grades brought 16 cents
per pound.. A. W. Mitchell A Bro. were
tho purchasers of the larger portion of the
lot offered.
Col. P. M. Sheibly, of Rome, is In the
city, nnd stopping at tho United States.
Tlio Hon. Foster Blodgett, of Augusta, In
olso in the city.
The good people raiding on Lnckie aro
under lasting obligations to Commissioner
Crawford for tho splendid condition in
which ho has placed that street. That por
tion of tho city has long been neglected,
butts now receiving* foil share of that
excellent officer’s attention.
Our readers are reminded that the Opin
ion Job Printing Office Is now In success
ful operation, under chargo of competent
workmen, which enables us to execute any
thing In tho printing line, on os short no
tice and as reasonable terms as can be done
elsewhere.
Mrs. Miller’s (white free) school, corner
of Peters and Garnett streets, for the edu
cation of thoso who aro unable to pay tui
tion, was opened last Monthly morning.
Mrs. Miller Is among the most successful
teachers In the country, possessing attain
ments surpassed by few, and a mind pecu
liarly adapted to the profession. This
school Is conducted, under the supervision
of the Pennsylvania and Mew Jersey
Union Commission, and Is doing much for
thoso who avail themselves of Its ben
efits. V'”", ‘, ; J; 1 k .
yesterday, that jtessrs. JlcBrjdo & Co. wero
driving a lively trade. A good stock, of
fered on reasonable terms, always Insures
customers.
In demand—Street sprinklers. . Played
out—(or should Ilf)—The credit system.
HTTlto Pope and Victor Emanuel art
co-opcratlng actively for tho suppression
of revolutionary attempta against Rome.
Tho one is trying to surpass the other in
seizing “dangerous nnd suspected persona”
on tho Roman frontier; and the arrests
that were made last week by tho Pope 1 *
troops atVIterbo arc only tho counterpart
of those that have been made at other
points by the King’s troops. Though It Is
certain that these two sovereigns must taka
very different views of the character and
work of Garibaldi, yet both unite to crash
out the attempts at disturbance with which
his name is now associated. If the Pope
can hold on to his seat until the assembling
of the General Council which he hascalled,
ho may then count on Ms safety being In
sured as long as It remains In session, for
there is no doubt that Fraoce would corn-
line with other Cathollo Powers to guar-
•ntee Papal Independence under auch sol
emn circumstances ail those of a General
Cornell of theCbtneh.