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■WISDOM, JUSTICE AND MODEBATIU N."
•OLtJME
XXIV.
ROME, GA„ FRIDAY MORNING, JANUARY 28, 1870.
NEW SERIES-NO 22.
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J L, Eilitor and Proprietor.
SI. D"‘; w g b.*DV, Associate Editor.
I i' r -'V —.-tt-kT-eky'Vriday
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one copy will be for-
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Proprietor.
, Ul advertisements.
“V" ,V- 1 l;c : cistrators, Electors or
..iatred by law to be held on
: w V' l’v?n eacn month, between the
l.‘ : * s,e 'in'ilte‘ orenoon and three in the
>'■ :ia the <-„ u rt House in the county in
,3 ' * .-ivis situated.
‘”,1 ia.,sc sales must bo given in a pub-
\ ii.lavs previous.
• : e J fh0 \ a ie of personal property must
t:re£ £ t ike manner, through a public gar-
“= r . eI ! previous to sale day.
,ite h] ,ia - 3 and Creditors of an estate,
»- ^Jjjidfcations will be made to the
f 0-1 inary for leave to sell land-must be
‘ 11 -i e.r twe months.
: - ’ , 0 f Administration. Ouar-
,! “-\~ T mus t be publishod 31. day*—for
■ -■? Administration, three months-
Guardianship, 40 .lays.
'' ,V ferecloscnre of Mortgages must
till%- for four months—for es-
■ ■ |, al ,ers'. f..r the full space of three
■■ ,'..'ollVii" titles tr»m Executors or
■T' '■ where*bond has been given by
tl)C r„n ?p;.;s >1 three months.
■ wil 1 always be continued accord
tiie Ie r al requirements, unles:
l .raLrrd. a! Fie fillowi.ug
rates.
■ ■ n-r lew of ten lines or less $3 00
li'. fa. sales, per levy 1 *"
oth-
5 00
!os, Y
levy
•fA‘1:
_ stration 3 00
ird'mnship 3 00
for dismission from
6 00
for dismission from
6 00
... 3 00
. ... 5 00
... 2 00
4 00
4 00
Gv,.closure of'Mortgage, persquaw .... 4 00
V advertising his wife, fin advanco) 10 00
«|ion t« sell land
'm Debtors and Creditors,
; p.-risi’ialde property, 10 days..
S.Vil'RD.VYi J10RNIN‘G Jan 15,
: Shelton Property for Sale —
janliful tiro story brick residence and
t grounds of the late Mrs. Shelton
- Id fi the highest bidder for cash,
roll the Gill—See adv.
>T i! of Mrs. Rev. W. II. Clark.—
ive named lady, who lived in Rome
oral yoats prior to 1SG1, and was
■uKii an! greatly teloved, died in
i the Stb iust. She died sud-
■use of the heart.
liujuita
"If of
I'nfortl nate.— We regret to learn
it Master George Rainey (son of Win.
mej) had liis leg broken yesterday by
: kick of a horse.
Nummary Punishment.-—Some two
k- since a colored hoy named Taylor who
airly belonged lo Xr. Clayton, of Cher-
e county, Alabama, attacked, with a
|5 jpjk;r, a daughter of Daniel II. Wil-
. s.iid county, with intent to murder.
Ill; fit], bat was arrested and carried be-
■re a Magistrate, and ordered to jail. He
’a= ordered to be kept under guard the
■At aftet his examination; but the boys
■J k attempted to jump over the moon,
v. !:•_• fell hack, and was found next morn-
g tangled in a rope about his neck, one
li'f which was attached to a tree, and ho
-'ll Oust is Front.—We learn from
caaieman who came down from Sum-
erville oa yesterday, that perfect quiet
d triad order prevails in that coal muni
0a Thursday night the military went
l! t) arrest a young man by the name of
I'Saey Hamels, hut it happened that he
HIE IMPETUOUS RUFUS REME
DILESS.
■>y \ special .telegram to the Atlanta
hu-iUntion, from “J. p II.,” (J. P. Ham-
y ' Te tiaril Ratifying news.
■ ae i resident has stated that Bullock
- • an light t.i apnoiut a man to organize
•i '--Future; that Ins only right was to
--veue that body, t'his decapitates the
- a-.' Hams, and Daves the House to elect
■■ r "•va Lhairaian, aud organize accord-
to their own schedule,
c President further declares that the
J ' “Ve indicted for false swearing,
I,o l tr:,; ^ the United States Dis-
I '‘ ct ouit i his decides the Military Com-
I toissiQQ illegal
Of
I tile ]
l^lsir
CJ "rte Bullock
can no more adjourn
"ad it will at once proceed to
PSj.
fit-.-we regard as excellt nt news.
-,„ i ! ' ° ® emocra!s and Conservatives be
i - it and vigilant, and they will yet
•A.ite from the rule of these crca-
■•■ UE m >litaev BoARD—When
this
I ten who I,.' f , f ! a have acted,when mem-
IH the frift a ' Cn l ^ e 0at * 1 an d qualified
I’.all'Ii,,.' ,' cru ‘ s Kcscribed by Congress
die ],„, t ' 011 I'Otoed from their seats in
tii—w'.Vfi areat ‘‘he point of the bayo-
t'oeservatirl™ ; u f* 10 Democrats and
:he: r Iii-.'i ' \‘ : i think it consistnent with
G. aLI . l,1 o tights of the people of
« a ^- Cm,,nin ' ,|u:r - e ats and make
' opposition to a radical majority
\ C , i l they, after having
takia- , us ? rev .‘iilea Radicals from
i^li - P aces 00 the ground of their
K ’thdri5v u ! ai;e a diguified protest and
tat, fl T,a ? Bullock without a quo-
•r 1 113 wor k ?— Columbus Enqitir-
[For the Borne Courkr.
Mud and Hire.
Messrs. Eds.—Bad times, wet, muddy
and squally in Atlanta—went to Rome ono
day this week to try and get out of the
mud, and found Rome mud much worse
than country mud—drays and wagons up
to the hub iu mud in your beautiful city—
people walking in slop mud on the pave
ments—crossings uncrossible—mud rules
supreme. Rome is certainly a sweet place
at present. Thanks to Railroad men and
Railroads, or everything now would be in
dead lock. Horse and human flesh aTe
spared the mud and sufferings, and such
weather and such mud should open the eyes
of all old fogies to what progress means
and what progress is worth. What would
become of wagons, stages and buggies, on
the roads in the mud in such times—it
would take every fence rail from Rome to
anywhere, to make crossways, to insure a
wagon one and ahalf miles a day progress.
We say bless the Railroads, and encourage
Railroad men; notwithstanding now and
then they run over some old cow, and save
her a lingering death in some mud hole.
Mr. editor, notwithstanding the mud in
Rome, we saw a ‘ ; new ora”—“N > Credit,
cash down” —is the motto of ond of the
leading houses. We say bless that house
also, for credit leads one into temptation
aud then into trouble—we go in for a law
that makes credit aud usury one thing—
criminal—as both are equally ruinous. This
■new era,” I am only afraid will be short
lived—country folks hold them up to the
contract—there is good iu it for one side
and if we aint got currency, a shoat, a con
pie of tuikeys, a basket of chickens, eggs,
butter aud potatoes, and the like, is a little
better than greenbacks, and ten thousand
times better than credit, dunning aud debt
—eatables are not at a discount in Rome
now—mud gives all an appetite, as well as
a thirst—so go for the ‘‘new era,”
But what is to become of us in the coun
try—vretand muddy—no “new era” among
us—barns empty—cattle starving—all for
cotton. I tell you, country folks, we had
better at once create a “new era” and let
us go in more for corn, hay and “tatter*,”
and a little less on cotton*, guano and bone
dost; if not, we shall soon have a land of
bones, and not of cotton. It looks mighty
pretty now to see so much greenback rol
ling in for cstton, bat how will it look soon,
when the tide tarns, and wee see it all roll
ing out for corn, hay and bacon; gear up
your team when mother earth gets dry, and
plow for more corn and less cotton.
Yours, substantially,
Pro. Bono Publico.
State Items.
The Greensboro Herald mentions the
sale of John E. Jackson’s plantation of
seven hundred acres, for $8,000.
Gin House Burned.—The gin house
on the premises of Mr. John Culver, four
miles from Sparta, together with about 12
bales of nnginned cotton, belonging to Mi
chael Butler, and about 1,000 bushels of
cotton seed, was destroyed by fire on Mon
day night. The gin (a new Gullett) was
the property of Col T. M. Turner. The
fire was evidently et by an incendiary.—
Hancock Journo.’.
A Shocking C vshalty.—A gentleman
who came np on the Southwestern Railroad
on Friday last informs us that a most shock
ing and fatal casualty occurred on last Mon
day night, about seven miles from Monte
zuma, on the plantation of Mr. Jonas
Rackley, ly which a negro woman and fonr
children were burned to death in a cabin
in which they were sleeping. Tbe fire is
believed to have been accidental, and was
canscd, probably, by chunks roiling ont of
the fireplace to tbe floor during the night
Macon Telegraph & Messenger.
High Bid.—A farmer promised a ne
gro, a field hand, that he would give him
eight hundred dollars to work for him next
year. Of course he wont give it. We
merely mention the iucident to show how
difficult negroes are to hire—not on account
of their scarcity, but because they are so
slow to contract. Many are still loafing
around the corners. They will go to work
as soon as their little money is out.—Co
lumbus Sun.
IMPORTANT CORRESPONDENT.
Chief Justice Brown’s Oplnkn Dp
Disabilities of Legislators.
Atlanta, Ga, January—, 1870.
Hon. Joseph E Brown, Chief Justice of the
SiqpcrioT Court.:
The undersigned committee appointed
by a meeting of Republican and Democrat
ic members of tbe General Assembly, re
speetfully call your particular attention
the Opinion of the Attorney General
thirGtate, lately published, relative to the
disqualification of members of the Legisla
ture, and request your Opinion ss to its
correctness.
We desire more particularly to know
whether the persons who filled the posi
tions of State Librarian, Notaries Pnblie,
Road Commissioners, Officers of the Mili
tary Officers of Municipal Corporations, as
they existed prior to the Secession of the
State, and afterwards engaged in insurrec
tion or rebellion against the United States,
are disqualified as members ot the Legis
latore, or can they safely take the oath pre
scribed by the late act of Congress, under
which the Legislature is being re-organ
ized.
Au early reply is respectfully solicited
We are, very truly, yours, etc.,
J. E. Bryant.
Dunlap Scott.
Milton A. Candler.
W. F. Holden.
J. H. Caldwell.
C. E. Osgood.
L. E. Shumate.
F. M. Harper.
W. C. Smith.
A. J. Williams.
C. B. Wooten.
J. T. Burns.
W. P..Price.
Atlanta, Ga., Jan. 1870.
Gentlemen :—I have received yonr
communication, and after some considera-
tioa, I have concluded to comply with
yonr request.
As the questions connected with the
disbilties of members of the Legislature,
cannot, under the laws of the land, come
before the coarts of this State for adja-
cation, I do not see, in the midst of an
emergency of so great interest to the peo
pie of the State,why the judges of the State
courts, who, as a general rule, should avoid
all political questions,may not express their
opinions when desired by their fellow citi-
Horace Stands by Sister Stowe.
—With almost entire unanimity the Amer
ican press condemLs Mrs. Stowes’ scanda
lous and unsustained charge against Byron
and his sister. The New York Tribune,
however, tries to de something for the poor
old woman, and ventures to say for her that
she has nearly made out her case!”
c~. EI '- ^ IN! ’- A well known stea n-
Ite^.^erdsy, says the Mobile
the Danni,- ->FSP? e ^ a 8500 greenback on
taulj 111 Etr , oet wharf, and before he
.^and oT"T 1 itWa \ b,OWn int *' he
eeataUn - lh number not having
s i'ii V lt ,‘ s a totaI loss except to Un-
ftoh rdK-1 . , wind which d 'd the deed
anybody
(‘aid
“IWt rl lU .°“ S . 0nC da J - t0 a la *
1*4 the W
die itself,"
As President Davis was seated in a rail
way car in Alabama, tbe other day, .he
was accosted by an Irish widow, who in
formed him that her husband had been
killed while fighting for the “lost cause;”
but the woman did not complain of this,
for she said, in shaking bands with Mr
Davis, she felt as if she was shaking hands
with her father. Mr. Davis, in reply, re
counted the brave deeds of the woman’s
husband in snch a manner as to bring tears
irto the eyes of his fellow-passengers, and
the Irish woman left; the ear with a sum of
money sufficient to keep the wolf from the
door for many days.
Alabama Legislature.
January, 18.
In the House, a bill was introduced to
relieve all persons married during the war
from the obligation created. This is done
in consequence of recent dictum of the Su-
preme Court, declaring all acts of legisla
ture, judges, constables, etc., during the
war illegal. X bill was also introduced and
referred, to allow the sects to cohabit, pro
vided they are liberal In their conduct, and
willing to occupy the relationship of man
and wife.
Getting Alarmed.—The New York
Express says : Here is a query for reflec
tive minds f “If Congress enacts a law as
is proposed, to enfrree tbeFiftcenth Amend
meat in defiance of the wishes of certain
States, will the States submit, or will there
be another “unpleasantness” for the henfit
of parchment generals and shoddy contrac
tors?
A Western paper describes the manner
of love making practised among some of its
the readers in the following paragraph :
“The young people who were seen feed
ing each other, dove fashion, over a gate
post the other, evening, had better be a lit
tle more cautious in the future.”
As you are well aware my duties upon
the Supreme Bench are now very onerous,
and I have not time to appropriate to the
preperation of a written opinion upon i
question outside of my duties on the bench
which I could desire. I, however, submit
the following reflections and am satisfied in
my own mind of tbe correctness of the con
clusions at which I have arrived.
I consent to the publication of my views
on this question, tbe mors cheerfully be
cause n.y reasons for the opinion expressed
under oath in Senator Welbom’a case, be
fore the millitary commission now sitting
to inquire into the eligibility of members
of the Georgia Legislature, when I stated
that I did not consider the position held by
him such an office aB is contemplated by the
Constitution and tho reconstruction acta of
Congress. I appeared before the commis
sion under a military order, as a witness on
the part of the prosecution, and as my
opinion there expressed goes on the record-
I see no reason why I should not in this
manner do what I was not then permitted
to do—put nponj record the reasons which
have lead me to this conclusion.
Article 6, section 3 of the Constitution
of the United States,the 14th Constitution
al Amendment, and the different acts of
Congress, known as the reconstruction acts,
being in pari materia, like all other laws
where the subject matter is the same, most
by a well known role of construction be
considered and construed together.
The 3d section of tae 6th article of the
Constitution of the United States, declares
that the members of the Beveral Legislatures
and the Executive and Judicialofficcrs of the
United States, and of the several States,
shall be bound by oath or affirmation to
support the Constitution.
The 3d section of the 14th Constitution
al Amendment is in these words :
No persoA shall be a Senator or Repre
sentatives in Congress, or elector of Presi
dent and Vice President, or hold any office,
civil or military, under the United States,
or under any State, who having previously
taken an oath as a member of Congress, or
as an officer of the United States, or as a
member of any State Legislature, or as any
any Executive or Judicial officer of any State,
to support the Constitution of the United
States, shall have' engaged in insurrection
or rebellion against the same, or given aid
or comfort to the enemies thereof; bat
Congress may by a vote of two-thirds of
each House, remove such disability.
The act of 2nd March, 1867, known as
the Sherman Bill,provides, that “no person
excluded fromthe privilege of holding office,
by said proposed amendment to the Con
stitution of the United States (the 14th)
shall be eligible to election as a member
of the Convention to frame a Constitution
for any of said rebel States, nor shall any
such persons vote for members of such Con
vention.”
The first supplemental reconstruction
act, paseed 23d of March, 1867, prescribed
an oath for voters at the elections to be held
for tbe Conventions in the rebel States.
This oath required the voter to swear “that
he had never been a member of any State
Legislature, nor held any Executive or Judi
cial office in any State and afterwards en
gaged in rebellion or insurrection against
the United States, or given aid or comfort
to the enemies thereof; that he had never
taken an oath as amemher of the Congress
of the United States or as a member of
any State Legislature, or as an Executive
or Judicial officer and to support the Con
stitution of the United States; and after-
wardsMHteed in insurrection and rebellion
agains^BRJnited States or given aid or
comfort to the enemies thereof
The second supplemental act,passed 19th
July, 1867, puts a legislative construction
upon the above oath. It enacts that the
true intent and meaning of the oath pre
scribed in said snplemental act is (among
other things) “that no person who has been
a member of the Legislature of any State
or who has held any Executive ot Judicial
office in any State, whether he has taken an
oath to support the Constitution of the
United States or not, and whether he was
holding snch office at the commencement
of the rebellion or held it before, and who
afterwards engaged in insurrection or re
bellion against the UniteiLStatca. or given
aid or comfort to the enuMgs thereof is en
titled to he registeredJM| vote; and the
words Executive or offiice in any
State in said oath menftond, shall be con
strued to include all civil offices created by
law for the administration of any general
law of the State, or for the administration
of justice.” f .. .
Tthe act to promote reccnstructiou of
the State of Georgia passed the 22d ofBecem
her, 1869, requires that each Senator or
Representative before taking his seat, shall
in addition tothe oath or oaths required by
Constitution of Georgia, take an oath that
he has been relieved from disability by act
of Congress, or an oath “that he has never
held the office or exercised the duties of a
Senator or Representative m Congress, nor
been a member of the Legislature of any
State of the United States, nor held any
civil office created by law fortheaimmufra-
tion of any general law of a State, or for
the administration ot Justice in any State,
or under the laws of the UnitedJStates; nor
held any offioe in the military or naval ser-
vioe of the United States, and thereafter
engaged in insurrection or rebellion against
the United States, or gave,aid or comfort to
its enemies, or rendered, except in conse
quence of direct physical force, any support
or aid to any insurrection or rebellion
against the United States; nor held any of
fice nnder, or given any support to any gov
ernment of any kind, organized or acting in
hostility to the United States, or levying
war against the United States.”
There are the different Constitutional
and Statutory provisions upon this subject,
which it is necessary to construe together
to arrive at a just conclusion,as to the tree
scope and meaning of the oath prescribed
for the members of the Leaislatnrc by the
late act of Congress.
I apprehend that comment is unneces
sary, to convince a lawyer or intelligent
person that the terms Executive and Judi
cial officers mentioned in the 34 section of
the sixth article of the Constitution of the
United Staten as originally ratified; and
the same terms in tho 14th amendment of
said Constitution, and in the act of 22d
March, 1867, were intended by the law giv
ers to refer to, and embrace the same class
of officials, and none others.
Bat it had been fonnd in practice by
the persons appointed to register voters in
the different States, nnder the two last
mentioned acts, that persons who had held
Executive and Judiciat offices, before the se
cession of their respective States; claimed,
that they had never taken an oath to sop-
Constitution of the United States, as re
quired by the 3d section of the 6th Arti
cle; and upon search no snch oath conld
be found. To meet these cases, Congress
declared, in the act of 16th July, 1867,
that snch persons should be ineligible
“whether he has taken an oath to support
the Constitution of the United States or
not. In many case 3 the oath may have
been taken and loet, and as it was the duty
of each Executive and Judicial offiicer to take
it before entering npon the discharge of his
official fhnctioDS, Congress intended to
say, that snch presumption should be ex
clusive. In other words, if be held the
office when it was his doty to take the oath,
he should be ineligible, whether be took it
or not. Bnt it conld not ha7e been the in
tention of Congress to go farther than the
original Constitution and the 14th Amend
ment went, and prescribe new disabilities
by rendering a class of officials ineligible
who were not Executive or Judicial. Con
gress proceeded to define the terms Execu
tive and Judicial offiicer, not to create new
disabilities by declaring a class of officers
not Executive or Judicial, to be disquali
fied. The language used by the actof Con
gress is: -‘And the words Executive or Ju
dicial in any State, in said oath mentioned,
shall be construed to include all civil offi
ces created by law for tho administration of
any general law of a State, or for adminis
tration of justice.”
And I may remark that the act of 22d
December, 1869, nses tbe very same lan
guage in the oath prescribed for members
of the Legislature. The case seems, then to
torn in a great measure, npon the true
meaning of the word administer or admin
istration. Every person who held any Ex
ecutive or Judicial office before the war, in
which he administered anggeneral law of
the State, or in whieh he administered jus
tice is ineligible, whether he took an oath
to support the Constitution or not, and snch
person can not safely take the oath prescrib
ed for a Senator or Representative if he af
terwards engaged in rebellion against the
Government of the Uhited States.
administer justice as by trying
tween man and man, and rendering judg
ment in some way binding on persons
property, or who did not have authority
execute some general law of the State I _
carrying u into complete effect. Construing
the Constitntipna) provisions and the acts
of Congr«3 together, I see no other ration
al conclusion as to their true intent and
What is meant by the administration oi
general law of State, or the administra
tion of justice ?
To ascertain the trne meaning of the
word, it is best to appeal to lexicographers
of acknowledged authority, which is, I be
lieve, acknowledged in this country to.be a
work of the highest authority, defiocs ad
minister as follows: “To act as minister ot
chief agent in managing pnblie affairs, un
der laws or a constitution of government,
as a King, President, or other supreme of
ficer. It is used also of absolute monarchs,
who rule not in subordination, bnt is more
striotly applicable to limited monarchies,
aud other supreme executive officers, and
to Governors, Viceroys, judges and the
like, who are nnder the authority of laws.
King or a President administers the gov
ernment or laws when he executes them or
carries them into effect. A Judge adminis
ters the laws when he applies them to par
ticular cases or persons. In short, to ad
minister is to direct the execution or appli
cation of laws. 2. To dispense, as to eul-
minister justice or the sacrament. 3. To
afford, to give, or famish, as to administer
relief, etc.
The same authority defines the word ex
ecute to mean (among othdr things) to car
ry into complete effect, to complete, to finish
—we execute a work undertaken, that is,
we pursue it to the end. To carry into ef
fect the law, or the judgment, or sentence
a person, etc.
It seems very dear, from this authority,
that the officer who executes a law, is one
who carries the law into complete effect, not
one whose duties and authority are inter
locutory, or stop short of completion. As
for instance, an officer having authority to
issue a warrant, or on attachment, bnt no
authority to hear tho ease, or make any de
cision in it, or render any judgment npon
it, would not be an Executive officer, be
cause his authority stops short of the exe
cution of what he has commenced. Nor
would snch an officer be a judicial officer,
because he has no authority to give_ judg
ment or to decide npon any matter in dis
pute. The veiy mention of a judicial offi
cer at once conveys to the mind the idea
that he has authority to adjudicate causes,
ler judgments of some sort, or in
some class of cases. While the mind ar
rives with equal facility at the condnsion
that no person is an Executivo officer who
does not have power to execute some law;
that is, not to do certain ministerial acts,
bnt to carry law into complete effect. And
in this case it must be a general law of the
State as distinguished from a local law,
confined to a particular county, city or dis
trict.
I concede then that no officer is indnd-
edin the disqualification who did not have
authority to administer a general law of the
State by applying it to to particular cases ox
persons, or who did not have authority to
meaning..
The 14th Amendment intends to dis
qualify only such persons as were, in the
general acceptation of the term, Executive
Legislative, or Judicial officers of a State,
or of the United States. Snch as were
contemplated by the framers of the origin
al Constitution, when they directed that
they should take an oath to anpport the
Coastitntion of the United States. If mv
time would permit, which it will not, I
should have to extend this opinion to too
great a length, were I to undertake to ap
ply these rules to all the different officers
mentioned iq-the published opinion of the
Attorney Genajal,Jo whieh yon specially
invite my attention and ask my opinion as
to its correctness. Suffice it to say, that in
my judgment, Lis opinion embraces certain
classes of officers who by no just or known
rule of construction, are or can be includ
ed in the disqualification intended by Con
gress.
Take the case of the State Librarian as
it existed prior to the war. No rath
any kind, was required. He simply took
care of the Library, and did aneh services
connected with it as are usually performed.
What general law of the State did he exe
cute or carry into complete effect ? What
general law did he administer or apply to
particular cases or particular personal What
justice did he administer between man and
man ? What causes did he hear and de
termine, or what judgment; did he have
authority to render ? To state the ease is
to argue it. He, in no just sense, adminis
tered any general law of the State, nor did
he adminuter justice.
The same is true of a Road Commis
sioner. He is simply appointed, with oth
era, to see that the reads, bridges, and
causeways, are kept in order in a district of
a few miles in extent; and while he may
impose a fine npon a defaulter for refusing
to work the road, he has no general juris
diction as an officer who administers any
general law of a State in any legal sense of
the term. He was required to take no oath
to support the Constitution of the United
States, or any other Constitution.
A Notary Pnblie,'prior to the war, fell
in the same class. By the act of 1816, the
appointments of Vendue Masters, Notaries
Pnblio and Lumber Measurers, was vested
in the Commissioners of incorporated towns
or the persons in said towns in whom the
incorporate powers were vested. No Com
missions were directed to be issued, and no
oath to be administered to them, by the act
to support tiie Constitution of the United
States.
At slate period the appointment of No-
taries Public was vested in the Inferior
Courts of the respective counties, which
was the ease till the date of secession. They
were mere local commercial ageots. A few
years before the State seceded, they were
authorized te issue attachments and admin
ister oaths, hut they had no jndieial pow
ers; no right to hear or determine any ques
tion, or to administer justice between man
and man.
As to militia officers, there can be no pre
text that they are disqualified unless they
had civil duties in connection with their
offices as snch; whieh authorized them to
administer justice, or to administer some
general law of the State. Snch was not the
law of Georgia. It is equally clear that
municipal officers of cities, towns, or vil
lages, are not disqualified, unless they had
some general jurisdiction in addition to
their municipal functions.
I am aware it is contended that every
law connected with the Govornment of the
State, is ia tome sense pnblie. And the
Attorney General hss arrived at the con
clusion that the State Librarian, Notaries
Public and Road Commissioners were all
public officers, because thep eaeh discharg
ed some sort of official duty under the laws
of the State. So they did, and so did ma
ny other classes of persons not mentioned
by him.
If a Road Commissioner is n civil officer,
administering a general law of the State,
why is not a Road Overseer a mvil officer f
He wares the hands in obedience to law,
and takes control of them under his direc
tion; and reports them to the Commissioner
to be fined in ease they are defaulters. Bnt
like the Commissioner, he takes no oath to
support the Coastitntion, and executes no
general law, as a pnblie officer.
As ’he law stood before the war, Inspec
tors of beef, Inspectors of floor, Inspectors
of lumber, pilots, commissioners of pilotage
tobaoco inspectors, jailors, escheatora, etc.,
were all officers in the broadest sense of the
term, acting nnder the laws of the Stale.
If Road (tommissioners are disqualified,
why are not all these in the same condi
tion?
AH jurors act in an important, official
capacity nnder general laws of the State.
Why are they not inelnded in the disquali
fied class 7 Again, a general law of the
State provides for the administration of the
estates of all deceased persona by execu
tors or administrators. Why are they also
not inelnded ? AU marriages are celebrated
nnder a general law of the State. Then
why not indnde each minister of the Gos
pel who solemnizes a marriage nnder this
general law, and makes his official return of
tho fact to the Ordinary T The Principal
Keeper and other officers of the Peniten
tiary act under a general law of the State.
So does the Superintendent and other offi
cers of the Lunatic Asylum, and the offi
cers of the Academy for the Blind, and of
the Asylum for the Deaf and Dumb. AU
persons appointed to appraise an estate, and
all commissioners to assign dowers to the
widows of the State, act nnder general laws.
If Bond Commissioners are ineligible, why
are not aU these T
If the State Librarian is disqualified,
why is not the Captain of the State House
Guards ? He has no military commission,
and is pud a salary from the State Treasu
ry. And if he is, why is not “Uncle Ben,”
the good old African servant, so well known
to the people of Georgia, who for so many
yean, nnder different administrations, bnilt
fires and swept, and kept in order the of-
fices.of the State House, for whieh be was
aennafly compensated from the Treasury ?
With aU due deference, I must sav that
tbe position upon for tbe exclusion
of the dase of officers mentioned above, is
simply absurd. -
While. 1 admit that there may be some
difficulty in drawing the line with perfeet
accuracy between officers, or persons act
ing nnder the laws of the State, who are,
and those who are not embraced in the dis
qualification, probably the nearest approadi
to a general rule would be to say that t he
public civU officers of the State, commis
sioned by the Governor, who accepted their
commissions and qualified prior to the pas
sage of the Ordinance of seceeeion, who
were hg law required te take an oath
support the Constitution of the United
States, ore to be considered officers for the
administration of the general laws of the
State, or for the administrationjof justice,
and are disqualified.
The Act of the 18th of December, 1816
required all officers, civU and military, to
take an oath to support the Constitution of
the United States and of this State. But
the Act proceeds to show what is meant by
the officers to which it applied, when it adds
“and the form of said oath so to be taken
and subscribed, shaU be forwarded with
the dedmus to qualify the said officer, or be
taken and subscribe 1 at the time of receiv
ing said commission.”
The class of officers who were to take the
oath, then, appears to be snch only as re
ceived commissions. Snch as it was usual
to send ont a dedimus from the Executive
office to qualify. This is no doubt the
broadest sense in which the framers of the
Constitution intended to use the terms
Executive and Judicial officers.
I apprehend the Congress of the Unite
States would dismiss an application for the
removal of disabilities made by a Notary
Pnblie, a State Librarian, appointed nnder
the law, as it stood in Georgia prior to the
war, a Road Commissioner, a Road Overseer,
an Executor, Administrator, Grand Juror,
and the like; with the prompt reply,
are under no disability, and need no i
In condnsion, I need only remark that I
see ne legal reason why a person who held
the position of State Librarian, Notary Pub
lic, Road Commissioner, officer of the mili
tia, or officer of a Municipal Corpc ration, if
in the latter eases they had no general civ
il jurisdiction, to administer a genual law
of the State, or to administer justice, may
not safely take the oath prescribed by the
late Act of Congress for members of the
Legislature of this State.
I am, gentlemen, very respectfully,
Joseph E. Brown.
To Messrs, J. E. Bryant, Dunlap Scott and
others.
thus
The Military Commitslen.
The Louisville Courier-Journal
speaks of it:
The andadty of the sconndrelism exhib
ited by the Radical leader in this recon
struction business is absolutely sublime. The
loftiest devil in all the realms of political
rain and death mist look npon it with an
admiration that is ineffable. There is noth
ing like it in history.
The Courier-Journal finally winds np its
comments npon Georgia affairs with the
following horning words:
It is useless to denounce the reconstruc
tion outrages whieh Congress has author
ized and inaugurated in Georgia. It is
less to protest against them. Congress it
self is a standing outrage against every
thing that is just and virtuous and wise. It
is a festering-plague spot upon the nation.
It is a disgrace te the age in which we live.
The dominant majority therein is as desti
tute of honesty and conscience and patriot
ism as a band of Turkish pirates. Its ac
tion in the case of Georgia was a shame
blacker and deeper than the lowest depths
of human shame.
There is no doubt that the villainy now
in course of preparation by the unwashed
miscreants at Atlanta, will be sustained by
Congress. The ‘ Georgia bill” was design
ed expressly to p'aee the control of the
State in the hands of the thieves and cut
throats who are headed by Bullock, and if
the provisions of the bill are insufficient for
the accomplishment of the work, Terry and
his bayonets are there to supply all ( the ad
ditional power that is needed. The people
of this country, omnipotent as they are,
most submit to these worse than lawless
measure* of a tyranical and unprincipled
Congress.
There is no help for it, Congress has the
whip-band of the nation, and the nation
must tamely endure every outrage that Con*
gress chooses to inflict npon it. Bnt how
ong can this disgraceful condition of affairs
last? The end must come sooner or later,
and Congress should know it. Let ns hope,
if we ean, that it will come peaceably.
A military tribunal has been organized
in Georgia to deride who are entitled to
seats in the Legislature. This is the kind
of republican governuent radicalism sec
to the people—abolishing the long estab
lished right of legislative bodies to deride
npon the eligibility of members elect to
seats. The question is not how many votes
candidate received, bnt how many bayo
nets insist npon his rejection.—Boston
Post.
How to Salt Bnef.—For every 100
lbs beef, 1} ounces of saltpetre, 2| lbs
brown sugar, 5 lbs good salt, and 2} gal
lons water; mix all together and boil tbe
mass till all the hard ingredients are thor
oughly dissolved; then let the brine cool
pour it over the meat, which most be paek-
' ;htand weighed down. The brine
d entirely cover the pickle.
John as a Cook.—The editor of the
Colnmbns Son is permitted to make the
following extract from a private letter to a
gentleman in that city, written by a Cali
fornia friend. It is a bad showing for J.
as a cook, bnt no worse than thousands ex
ice every day with Dinah. Dinah ia
even with John in all these little oath-in-
spiring peculiarities, and milts ahead of
him in others—(jaw* and general ‘cussed
ness’ of every descriptoin, for instance:
We have a China Cook. Indeed, they
are the only cooks to be had. Itis a con
tinual fight to get him to do half right.
They are a beantifnl set—so intelligent.
They know it all. They ‘muche sarvy
(understand)- If yon order a steak well
done, when handed to yon, yen would bet
onr life it was jnst ent from the 'critter;'
and a steak rare has jnst as much juice in
it as there is in a basket of chips. And
when yon wonld give all the world fora
strong enp of coffee, and after having
taught him to make it, yonr religion stands
a chance going by the board; for ten chan
ces to one the coffee wonld be as strong as
if yon had put a grain in the Mississippi
and dipped it ont before it struck bottom.
The following bit of manly plnekSs from
the Habile Register:
“We can feed and clothe ourselves and
oppressors; we can bide enr time and writ
for the future that most come surely as
there is justice in God—even though hearts
not unstrung most matter with the poet:
Tho’ yon conquer ns, men of the North!
know ye not
What fierce, sallen hatred lurks nnder the
scar?
How loyal is Venice to Harpebnrg, I
wot!
How dearly the Foie loves “his father,”
the Cur!
Yes; we can watch and writ.”
Why is a Nabob like a beggar? Be
cause he’s an Indy-gent.
■eyerte* Dr tbeTrWWeakly Causer.
Washington, Jan. 2L—A Democratic cau
cus wai called to consider, the proposition of
Democratic members—the Election Commit*
tee withdraws. The caucus derided that it
was the doty of members to remaim and to
watch and. protest against what they colled
partisan action of the majority.
Revel, a negro, is elected to the United
States Senate from Mississippi. He is a na
tive, hat educated in Ohio. He was former
ly elected to the State Senate from Natchez.
He is elected to fill the term of Gov. Sharky,
which expire* in 'll.
The Misaiarippi Legislature adopted a res
olution memorializing Congress to remove the
political of all MiMisuppians, to
he presented to the Senate by Rerd,with his
credentials.
Details regarding Lopez’ position, show
him strongly posted with fonrthonnsand men
and boyi and thirty guns. He has concluded
a treaty with the Caiguary Indians to tarnish
him fifteen thousand fighting men, and seven
years provisions.
Ohio andlowa hare folly ratified the Fif-
teenth AinMMimmi
In the House, Schenck gave notice that the
Committee on Ways and Means would in
troduce* tariff lull next week.
The House then resumed the consideration
of private bills.
Senate.—The franking privilege abolished.
The Jndiciaiy Committee of the House
agreed in the report of a resolution that
Judge Watson, of Texas, he allowed to re
sign, with salary daring life. If he declines
to resign, the President may appoint an As
sociate Justice.
San Francisco. Jam 21.—The Chinese
prostitutes arrested recently, have been re
leased on a writ of habeas corpus.
Rio Jaxzixo, Jan. 2L—On December the
25th, Louis H. Gats talk, while performing
LaHoite to a monster audience, fell from the
piano insensible, and after lingering 3 weeks,
died on the 18th.
Emancipation in Brazil, makes great pro
gress.
Washington, Jam 21.—Revenue 371,600
dollars.
BoutweU has ordered the witholding of the
revenne tax from the salaries of government
employees as heretofore.
The Star says the House Committee on
Ways and Means tins morning deride to re
port in favor of reducing the duty on mo
lasses from 8 to 5; as they will also reduce
the doty on sugar, tea and coffee, leaving the
balk of duties on manufactures generally.
Delano derides that farmers selling their
own products should have the benefit of doubts
against special tax, as produce brokers, only
when they make a regular and constant bus
iness of snch selling, should tax as brokers
be exacted.
Facts transpired regarding the gold panic
investigation are, that large amounts were
purchased by Gould, Fish t Co. for the pur
pose of bullying the market
Stunner after voting for all the amend
ments, refused to vote an the final passage of
the Virginia bill Butler stated that the
present admission of Virginia would be the
downfall of the Republican party.
Fourteen thousand army officers have peti
tioned the Senate for increase of pay.
Pomeroy introduced a resolution propos
ing a 16th amendment, proriding for Female
suffrage.
Norton read extracts from published pro
ceedings, showing that Telly's
was to inquire and deride npon eligibility o
the members of the Georgia Legislatnre, thus
usurping powers over the House, to judge of
tho qgfflHifffftInnfi of memiben.
The Virginia bill was resumed. Trumbull
spoke two hours. Sumner replied in an hoar
and a half speech. The speeches were very
bitter—both speakers were called to order for
Bfing mipTiwinwi^Ty language. Finally,
at half-past five the Senate voted. Drakes’
amendment was adopted. Another that the
Constitution should not he changed to exdnde
citizens from the right to hold office; another
that there shonld he no change which wonld
deprive any citizen from equal righto in the
schools.
The preamble, as then amended, with the
declaration that Virginia haring adopted the
14th and 15th amendments, was entitled to
representation.
In the House Butler and Dawes had a hot
colloquy. No business of importance.
Locuvuae, Jan. 23.—Geo. D. Prentice ia
dead—aged 68 years.
Paris, Jan, 23.—Rochefort 7 * sentence in
cludes the deprivation of his political rights,
hat don't interfere with his position of Dep-
uty.
San Francisco, Jan. 23.—The war steam
ship Jamestown, has arrived from Tegee Is
lands. English sellers from Australia and
New Zealand are arriving at Tegee Island to
cultivate sea island cotton, which is said to
yield fohnlonsly.
Washington. Jan. 23.—The pretence of
Prince Arthur causes little excitement. He
walked to and from church with Mrs. Thom-
The Express says Senators who saw the
President this morning, say he advised those
who desired the admission of Virginia un
conditionally to make no farther efforts to
carry this point, it bring evident that the
Senate would not pass any hill without im
posing some conditions upon the admission.
It is stated in answer to many letters that
persons desiring relief from political disabili
ties, to send a formal petition, addressed to
Congress, setting forth facts in the ease.
There seems no probability of the passage
of the general relief bill this section.
Lynchburg, Jan. 23.—The sleeping ear of
thetrain whieh Ieft£here at 5:20 Friday, was
thrown from the track by the breaking of a
wheel, and dragged some distance and thrown
down a precipice and daahed to piece*. The
Conductor, Mellon, Gen. Wm. C. Bobby, of
Mississippi and Tennessee, and other occu
pants were severely bruised. The injured
passengers were placed on other ears, and
proceeded on their journey.
Cincinnati, Jan. 24.—The distillers as
sociation protests against Delano’s derision,
favor of forty-eight hours finasntatioo. The
liquor makers are on a strike.
Washington, Jan. 24.—The Reconstruc
tion Committee met and unanimously agreed
the report of the Senate on the Virginia
bill, and press its passage to-day if possible.
Bingham accepts it, and all Bepnblieans, as
tar as heard from, will vote for it
In the House several bills, aader regular
call, were considered.
A contest arose over reference to the Pos
tal Telegraph hill. Finally it was referred
to a special c immittee of seven, which re
sulted in the triumph of the friends of the
bill.
Senate unimportant.
Washington, Jan. 24.—Revenue to-day
$67,000.
Delano will recommend that the Indian
territory he formed into assessive and collec
tion districts, for the purpose of collecting
.the tax on tobacco, whisky and most malt
liquors.
The Ways aad Means Committee seem to
favor raising the duty on all manufactured
steel and iron.
The Supreme Court to-day decided in a
case coming from the Northern District of
Alabama, that the plea of Confederate au
thority is no justification for the iniliciment,
arrest and imprisonment of a party for trea
son against that person, by its Courts offi
cers and Grand Juries.
Gov. Walker holds that the joint resolu
tion adjourning tbe Legislature without his
approval, is void. He will proclaim a convo
cation as soon as the President signs the bill.
Jas. G Trrcy appointed Postmaster of Hons
ton Texas; HalQtor Taylor Collector' of Cus
toms, Pearl River, Mistissippi; Jas. P. But
ler, Collector of Customs, Brazos, Desantia-
go, Texas; Isaac Strait, Appraiser of Mer
chandise, Savannah; Geo. H Peck, Collector
of Internal Revenue, Second North Carolina
District; Wm. L Fernal, Assessor of Virgin
ia; David H Starback, Attorney for North
Carolina; Lncean B Eaton, Marshal Western
Tennessee; Commodore John Rogers, Rear
Admiral.
Boston Bark Jnlia brings Haytian advices
from the 14th.
The Provisional Governmeat decides that
export tax on coffee shall he 4 cents, com
mencing on tho 1st of February.
Troops sent Sonth to suppress disturbances
which threatened the new government. Oth-
rwise everything is quiet.
SxnATX-—Morrill was qualified as Fessen
den’s successor.
The hill to provide National currency of
coin rates, and to equalise the distribution of
circulating rates, was taken np and discussed
to executive session.
House.—Among the hills introduced was
one resuming possession of lands granted to
Arkansas, for railroad from Mississippi via
Little Bock to Texas boundary. One paying
letter carriers twelve hnndred per annum.—
One increasing Jndges Supreme Court, and
defining jurisdiction of United States coarts.
One conveying certain property in Beaufort,
S. C., for school purposes. One paying black
and white soldiers equal bounties. One es
tablishing Postal Telegraphs—refereed to
special committee of seven. A resolution
declaring in opinion of the Honse, owing 70
its peculiar duties, the committee on elections
is a judicial body, and in deciding questions
shonld (act ’according to all roles of law, as
purely as though snch member was under
oath in each case—passed, yeas 138, nays 25.
The Honse then took np the Virginia hill,
and after a very sharp debate Bowen, Bing
ham, Butler and Farnswfirth, mostly of a
personal character, the Honse concurring in
MU as it came from the Senate, was passed
by strict party vote. Adjourned.
Liverpool, Jan. 24.—The Colliery riot at
Sheffield, promises serious results.
It is anticipated that five hundred Eorope-
1 Clergymen will attend the E -angelical Al
liance at New York, on September the 5th.
Rich bond, Jan. 24.—The news of the final
passage of the MU admitting the Suite wss
received here after dark. Therapippeartd to
be a general feeling of welcome and relief,
hut not none of the demonstrations of joy
that foUowed tbe news of the passage of
Bingham’s unconditonal bill in the Honse.
Madkid, Jan. 23.—Duke Monthensier has
been elected Deputy to the Cortes, from Ome-
Stray Fancies.
A Michigan husband agreed to leave
his wife npon payment of seven dollars.—
She mortgaged her cook-stove and paid
him.
That little milliner at Fort Edwards,
whose English lover politely diet and left
her $17,000,000, has received the first in
stalment of $5,000,000.
When A. L. Harris suddenly left his
plantation, near this city, thirty-five emp
ty post office bags were fonnd on the prem
Girls of eighteen are aUowed to vete and
hold office in Wyoming Territory, hot the
other sex do not arrive at tbe years of dis
cretion until twenty-one.
Great advantages are derived from Far
mers’ CInbs, in meeting together at stated
to di cuss the varied processes of
farming—and we wonder that more of oar
intelligent tillers of the soil do not see this
point.
A sign on an Academy ont west reads:
“Freeman & Huggs—Freeman teaches tbe
boys aud Hags the girls. 7 !
A Nevada city merchant advertises:
“Old rags of a greenish hne, embellished
with Chases’ photographs, cheerfully ac
cepted in payment for stock.”
Mrs. Dr. Mary Walker lectures on the
necessity of a law compelling men to mar
ry before they arc forty. Even if the pen.
alty were death, we can’t imagine any ben
efit that she conld derive from the law.
Tom Thumb and Commodore Nntt com-
>lain that their bosiness as small men has
leen almost rained by the great number of
still smaller meu whom Grant has placed in
positions before the peopie.— Conrief-Jour-
nal. , . »ij*
Knoxville, Tcnn., was amused last week
over a street scene,wherein figured a young
lady, boxing the ears of her lover, on the
street, because he escorted another young
lady to her home.
The child who cried for an hour last
week did’nt get it
A fool in a high station is like a man on
the top of a high mountain—everything
appears small to him, and be appears small
to everybody.
At a wedding the other day, one of the
guests who is often a little absent minded,
ofacerred gravely:
I have often remarked that there have
been more women than men married this
year.’
A person who was sent to prison for
marrying two wives, excused himself by
raying “that when he had one, she fought
him, But when he got two they fought each
other.”
“I don’t know what to do," exclaimed
perplexed husband; “my wife, if denied
anything, is sure to have a 5t.” “Wall,
yon ean offset her fit with one of yonr own;
ia such ease counter-fftling is entirely justi
fiable.”