Below is the OCR text representation for this newspapers page.

5 Bg fOotj ‘■ga HtljJ 1 ell.r" fiaS 3u ac c .| jftr sir <■ wmSffimglmURMi ■WISDOM, JUSTICE AND MODEBATIU N." •OLtJME XXIV. ROME, GA„ FRIDAY MORNING, JANUARY 28, 1870. NEW SERIES-NO 22. "i-ir,;; Oi b« caih” >Ht, , Ada, j i'lioj *».» »!H ror, W, | IPplial i !)C * J L, Eilitor and Proprietor. SI. D"‘; w g b.*DV, Associate Editor. I i' r -'V —.-tt-kT-eky'Vriday ret li'IKf) RATES of WEEKLY. ...... $3 00 . 1 75 t' 'Cljn'ts; — 1 °0 «e Mor ‘ ‘ i ; : ' s "roR'TRI-'VEEKLY. RATES $5 00 2 50 1 25 ^“‘’“"ubLY IN ADVANCE. one copy will be for- 0-YARL' ,,, b .of Five or more on ■tb- p »urj.l ina Li Pl&:| Utt: I sb >!l| £i ■h, Uk riUb.1 7 Tor | • A. f *. I J;ra ir. M. DWINELL, 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.”