Newspaper Page Text
Dally, per month...
Daily, twelve month*. ... ................. 10 <
Weekly, alx month* t. i*..r. a<
Weekly, one year • • 8 <
NO. 129,
... are entitle,. ... i/w, oiiu tiiiu nic \4ioijuai~
from voting, at the elections provided for
homing within tho purview ot Utese acts ? ”
' flrat provision upon this subject is to be
' in tho filth section of the original act, and
the qualifications and disqualifications
? for an election to be held lor delegates
proposed Constitutional Convention in
State, and for tho election to be held (or tho
under tho act of
entitled ’ “ Art act to provide for
more efficient government of tho rebel
.'a," and tho act or March 38d, 1807,
led “An act supplementary to an act
tied an act to provide for tho more efficient
TMiient of the rebel States," upon which
ilions the military commanders of Dis-
in which those States are comprised have
your Instruction*. The first and most ini-
nt of those questions may be thus stated:
“'ed to vote, and who are disquai
uch cduveqtlon. Thatsection provides that
gates to such convention shall be elected by
malo citizens of said State twenty-one years
on
and upward, flf whatever race, color, or pro
is condition, who have been resident in said
e for one year previous to tho day of such
Ition, except such aa may be disfranchised lor
iclpation in the rebellion, or felony at
mon law; and that the same qualifications
required for election of delegates shall
be required upon the election for rati-
Hop. The proviso to this section also ex
its from the right to vote for delegates to the
vention, every person excluded lrom the pri
me of holding office by an amendment to
Constitution of the United States, proposed
die 1 Thirty-Ninth Congress, and known as
cle fourteenth. The sixth section provides
at until the peoplo of said rebel States shall he
aw admitted to representation in the Cob
of the United States, any civil governments
itol hi •
ch may exist therein shall be deemed provi-
clared fof ft delegate So td be
ie sixth section the same qualifications as to a
iter are required in all elections to any office
ider the existing provisional governments du
ng their continuance, and as to eligibility at
eh elections, certain classes are excluded.
The first section of the supplemental act pro-
ides that "the commanding general in each
istrict * *' * shall cause a registration to be
ado of the male citizens of the United Stales
dunty or
n his district,' which registration shall Include
nly those persons who are qualified to vote ior
elegates" by tho original act. Tho person to-
ering himself for registration, is also required
a take an oath, which, tor convenience, I now
livido into paragraphs or sections, preserving as
icar as may be, the language of the act. He
nust swear or affirm as follows:
First, Tnail lie is a citizen of the State, and has
■esided in said State for months next prcce-
ling the day when lie takes the oath, and that he
low resides in tho oountyot or in pariah of
— in said State.
Second, That ho is 21 years old.
Third, That he has not been disfranchised for
-javlieipation in any rebellion or civil war against
he United States, nor for felony committed
gainst the laws ol any Slate, or of the United
Slates.
Fourth, That he lias never been a member oi
ly State Legislature, nor held auy executive or
indicia! offleein any State and afterwards engaged
- -* 1 -ohnllUn nnninot United
yep ....... , ... -
ial only, and in all respects subject to the
. .. ... United States at any
mount authority of the
ie to abolish, modify, control or supersede the
ne, and in all elections to any office under such
•visional governments, all persons shall be enti-
1 to vote, and none others, who are entitled
vote under the provisions ol the filth section
this act, and no persou shall be eligible to any
Ice under any such provisional governments
K) would be disqualified from bolding office
dcr tbo provisions of the third article" [sec-
n] “ of said constitutional amendment,
it is to be observed here that the qualifications
a voter are, by the filth section, limited to the
iction of delegates to the convention, and to
question whether said convention shall or
all not bo held, and that no qualification is
1 “ n Sleeted; but by
t0WK1 u , „„ ,
it at his peril; and is subject to prosucution' for
' Second. As to ago. No one is entitled to regis
tration who is not at least 21 years of age on the
day he applies tor registration. In : this respect,
qualification as to age differs from qualification
as to roaldcnoo, and the fact that majority must
exist at the date of registration, has relation to
tho day ot registration, and not to the day of sub
sequent election.
Third. Next as to disfranchisement. I shall con
sider the various clauses of disfranchisement ac
cording to the order and division into soctions
hereinbefore stated. And first, as to the general
clause declaring disfranebisemeut. The fifth
section of the original act denies tho right to
vote to such as may be disfranchised for partici
pation in rebellion, or for felony at common
law." The words-here used, “ in the rebellion
must be taken to mean the recent rebellion; but the
e disqualification,and
is®
requires the applicant to swear that lie has hot
been disfranchised for participation in any rebel
lion or civil war against tho United States, nor
for felony committed against the laws of any
Slate, or of the United states.
What then works disfranchisement under these
provisions ? Whether we' consider this disabil
ity
or commission
i arising .out of participation in a rebellion
remission of felony, the mere fact of ouch
participation, prof the commission of a felonious
offense does not of itself work disfranchisement.
It must be ascertained by the judgment of acourt
or by a legislative act,passed by competent autho
rity. Disfranchisement for felony committed
againsttbe laws of a State, or of the United States,
consequent on a conviction in courts, either of tho
United States or of a State, or declared by tho
laws of cither, would be total under these acts.
I am not aware of any law of the United States
which works disfranchisement as to the right of
suffrage by force of the act itself, nor does such a
consequence follow from conviction lor treason or
conspiracy to commit treason, or for any other
act of participation in rebellion. The provision
in the Constitution of the United States, as to
treason against the United States, does not de
clare what shall be the punishment on convic
tion of treason. That is left for Congress, with the
limitation that corruption of blood shall not fol
low as a consequence, or any forfeiture except
during the life of the party.
Congress, in the exercise of its power to de-
lare punishment, has limited Bucfi punishment
else of the right ot suffrage, .There are clai
of the act giviug the right by genera! terms of de
scription to the pea" '
those who have ni ..... - ....
There are other claused of the act which, by
right by general terms or ue-
dc generally, and especially to
zer enjoyed the right before.
.auaea of the act which, by
general terms, take away this right of suffrage
from thoso who have always enjoyed it. lhe
rule of construction as to claused which give the
right must be liberal, nfid as to them the general
terms ore not lobe restricted; but as to those
clauses which derogate from the existing right,the
riilo of construction roust bo strict, that none
iihoiild be excluded who are not clearly within
tile letter and Intent. 1. I begin, then, with the
inquiry, whether officers of the militia of tho
State are embraced within these terms of de
scription, and I have no doubt thaf they are not.
Certainlyi! Congress, as to the officers of a
State, was not content to use the term at large
and without qualification, but, os we see, intend-
M
ed to quality the general term. If the purpose
was to designate military officers, the usual words
to manifest that intent would have been adopted,
and the terms would have been the judicial aud
executive, the civil or military officers ol the
State. Accordingly we find, when that was the
purpose, as wo see it was in the third section of
the constitutional amendment, known na article
fourteen, Congress expressed that purpose very
clearly. That section provides that “ no persou
shall he a Senator or Representative in Congress.
~ 'dent, or hold
or elector of President and Vice President,
any office, civil or military, under tho U. States, or
under any Slate, who, having previously taken
au oath as a member of Congress, or as an officer
of the United States, or ns a member ot any Stato
- It”
Legislature, or as an executive or judicial officer
ot any Stato, to support the Constitution Ot the
United States, shall have ongaged in insurrec
tion or rebellion against the same, or given aid
or comfort to the enemies thereof.”
The third section is expressly referred to more
than once in these acts. It is made, in fact, a
part of the*e acts. Its language is followed word
iityr
for word iu these disqualifying clauses, as lar as
was possible, except iu the particular in which
one is made to apply to eligibility, and the oilier
to the right to vole. When, therefore, we find
that Congress, in declaring what persons shall be
disfranchised from holding anv office, expressly
includes military as well as civil officers, as in the
third section ol the amendment, and in provi
ding what persons shall be disfranchised from
In " *“ “
as a consequence ot conviction, to the penalty of
dentil; or imprisonment and manumission oi
slaves owned by tho party, and to disqualification
........... ... •
from holding any office uuder the United States.
I am not advised of uny statute now in force in
cither ot these ten States, except perhaps Vir
ginia, which declares disfranchisement aa to the
right of suffrage by force ot the act itself. Tho
fourth and fifth sections .nay be considered to
rn
getlier! The party applying for registration must
swear “That 1 have never bcon a member'of
any State Legislature, nor held any executive or
dicial office in any State, and afterwards en
gaged in insurrection or rebellion against tho
United States, or given aid or comfort to the
enemies thereof; that I bavo never taken an oatli
as a member of Congress of the United States,
or as an officer of the United States, or as a mem
ber ot any State Legislature, or as an executive or
- * ~ rttbeConsti-
vearsof acre and upwards residents in each ' judicial officer °f any State, to support the Conati
on tv or oafish in the State’or States included tut ]° n , ot “jsWSSJrSHi'
;cd in Insurrection or rebellion against the United
tales, or given aid or comfort to the enemies
thereof."
These clauses of the oath, in effect, extend dis
franchisement beyond the provisions of the origi
nal act, and tho pridr clauses of the oath itself, in
tho important particular that neither conviction,
norjudgmentof a court, nor an express legislative
enactment, is required to establish the fact of dis
franchisement. In legal parlance, disfranchise
ment under these clauses of the oath results from
matters in pais; but in one respect, these clauses
limit tho generality of the original act, as to dis
franchisement, Tli
,„ insurrection or rebellion against the
States, or given niff or feomfnrt to the enemies
thereof.
Fifth That he has never taken an oath as a
member ot Congress of the United Stale*, or as
an officer oi the United Btates, or as member of
anv State Legislature, or as an executive or judi
cial officer of any Slate, to support the Constitu
tion of the United Btates, and afterwards en-
aged in insurrection or rebellion against tiie
foiled States, or given aid or comfort
nemics tliereol. ■
Sixth, That he will faithfully support tho Con
stitution and obey the laws of the United States,
and will, to the best of his ability, encourage
others so to do. , ,, . ,. ,, .
The second section of this act provides that
after the completion of this registration in any
State and after at least thirty days’ public notice
of the time and places rtlilch the commanding
General shall appoint aud direct, an election
shall lie held for delegates to a convention, abd
a rule is given to fix the number of delegates to
be elected and the apportionment of these dole-
gates in proper Bimple sub-divisions, giving to
each sub-division representation in the ratio of
the registered voters.
The third section provides that at tho elec
tion for delegates the registered voters shall vote
furor against the convention.
The fourth section provides ior an election to
ratify tho Constitution that may he framed by the
delegates, and the right to vote at this election is
confined to persons registered.
The sixth section provides that all elections to
the States mentioned in the said original uct,
shull, during the operation of such act, be by bal
lot, and ail officers making said registration ot vo
ters and conducting said elections shall, before
entering upon the discharge of their duties, take
an oatli prescribed by tho act of July 2d, 18h2 (
entitled " an act to prescribe an oath of office.
The first connldemtlon which requires my at
tention upon the question as to right to vote,
arises upon registration oi voters. 1 lie Question
ol qualification or disqualification is fixed by the
registration. No power is given to any other
board or auy other authority after registration is
completed to change the registry. Persons whose
names arc admitod to registration are entitled to
vote subject to the limitation hereinafter men
tioned, and none others. This registration must
Ixi completed before the first day of September,
1867 The functions oi the board, as a hoard ot
registration, cannot be extended beyond that fixed
lime, but after that the dutlea which remain to
be performed by the officers composing this
hoard are limited only to holding aud superin
tending the elections, and making the proper re
turns to the commanding general.
This brings us to the direct question, who are
entitled to registration. First, as to citizenship
and residence. No person is entitled to vote, who
shall nt>t !*> resident in the State one year pruvi-
..us to the day of election. It is not necessary
that this previous residence for a year should ex
ist at the lime the person applies for remit r*
lion A person in all other respects entitled
vote is entitled to registration, although he has
not at that time been a re sidcut of the Bute tor
a lull year,lor we find,in the supplemeuta act,Unit
the oatli as to residence does not require the appu*
cant to swear Hut he has then been a resident
tor a year; hut only requires him to Btate the
number ot monUis of his residence, conieinplat-
iug a period less than, as well aa a full term pf,
twelve months. Therefore, as to such a person,
so registered, If It happen at any election subse
quently to tie held, that the time of resi
dence, counting from the day of election, does
not cover an entire year, be cannot vote at such
election; for this supplemental act does not, aa to
residence,change the provisions of the original act,
voting who held ally office, omit to mention mil
itary Dfflcers, wo cannot escape the conclusion
that military officers were not here within their
contemplation. It is impossible to imagine n
Case in which the construction from lnwsin pari
materia lias a more cogent application ; for it is
evident hero that the law-maker, in framing tho
disqualifications of the voter, took special cogni
zance of tho third section of the amendment, and
weighed it word by word, following it literally
for the most part, and rejecting deliberately the
vory word intended to einbracea military officer.
It must lie borne in mind that wo are here con
sidering tho class of military officers who were
such prior so the rebellion, when the office was
lawful, and who were known as officers ot the
militia—not that class who liecame military
officors during the rebellion. As to this last
class, they all come under that oilier clause ot
disqualification which applies to participation in
the rebellion.
other executive Or Judicial officers, who are hot
In popular language, characterized ns cotinty
undorthe description ot executive and judicial
officers oi a State, within the meaning of theso
law*. 1 deeto it proper herd, in reference to
that class of officers, judicial or executive, who
are, by the rule I have laid down, brought with
in tiie operation of disfranchisement* to distin
guish a class whose duties are nqt localized, who
statad in direct relation to the State, atid who, In
my opinion, cannot properly- bo designated as
executive or judicial officers of a State. I mean
that class of persons who exercise special pub
lic duties, rather in tiie liature of occasional em
ployments, than general and continuing official
duty.
Tli
liis distinction between office and employ
ment, and between an officer of a Stale and an
agent of a Btate, is well established. Chief Jus
tice Tilgliman, in 3 Berg, and Rawle, 149, recog
nizes it In the case of commissioners appointed
to lay out roads and canals, and:otber works of
public improvement. .The question arose upon
a section in the Constitution of Pennsylvania,
which provided “that the Governor shall appoint
all officers whose offices are established by this
constitution, or shall be established by law, and
whose appointments are not heroin, otherwise
provided for. Tiie Chief Justice Bays,‘‘it 1ms
never bctin ascertained, nor is it easy to ascertain
to what officers this power of appointment ox-
tends. I apeak of offices created by law since tho
making of the Constitution. Tiie word office is of
vague and indefinite import. Everything con
cerning the administration of justice, or the gen
lion, but every, past rebellion or insurrcctioi
which has happened'!!! the United States. Sti,
too, it comprehends every foreign war In which
the United States has at any time been engaged.
Tiie first part of the sentence covers the caso of
domestic war, Existing in the form Of rebellion or
insurrection, whilst tho last part applies to for
eign war. The words, “givingaid and comfoit
to the enemies' of tho United States," are tba
same used in tho Constitutional definition
ol treason, and the enemies there meant
must be taken to be foreign enemies. These
words, originally found in the early BtatuteS pf
England against treason, have received that set
tled interpretation In the English and American
courts. They are used In this act without any
qualification, and we give them full force and ap
plication when they are made to apply to adhe
rence or giving aid and comfort to foreign ene
mies. Such an act, as to the breach of the oath
or duty of allegiance, stands upon the same
policy of disqualification as,engaging in rebel
lion or civil war. . A person, therefore, who
gave aid and comfort to onr enemies in the war
with Great Britain of 1812, and in the war with
Mexico in 1847, would, in that particular, come
within this clause. In laying down this rule, I
do not forget that, tor certain purposes, and in a
certain sense, every citizen in the rebel States,
' ibe” ’ Iff 1 ‘ '
eral interests of society, may be supposed to he.
within the meaning oft)
the Constitution, especially
if fees or emoluments are annexed to the office.
But there are matters ot temporary and local
concern which, although comprehended in the
term office, have not been thought to bo em
braced by tiie Constitution, and when offices of
that kind
have been created, the Legislature has
sometimes made the appointment in tiie law
which created them—sometimes given [lie ap
pointment to others than tho Governor—and
sometime-; given the power oi removal to others,
although tho appointment was left to the Gov
ernor. The officers of whom I am speaking are
often described in acts of assembly by tiio name
of commissioners, such, for instance, as are cm
ployed to the Inylng out of roads, and canals,
and <
other works ot a public nature. Yet, all
these perform a duly, or, in other words, exereise
sc peril
I office.”
I cannot enumerate all the emplhyrtu-nts
uuder State authority, which, in my opinion,
work no disfranchisement. I will name saint
ly way of illustration, viz: Boards of comnfis-
io “
sioners of public works; directors of State
asylums; visitors of State universities; direc
tors of Stato penitentiaries; Stato directors ol
banks or other corporations; special conimis-,
Bioners, or agents appointed by tho Governor, or
other State authority, to perform special duties, as
examiners of banks, notaries public, and com
missioners to take acknowledgments ot deeds.
Thorulo laid down, and these illustrations, will
perhaps be sufficient to determine who come
within its operations. The next disqualifying
clause is founded ou the oath of office.
The oath, as incidental .to the office, is not
mnnii^nni in the tii-»t fllsouatltvincr clause, hut
during the late rebellion, is to be considered a
public enemy; as in respect to the liability of
ilia property to capture as a prize of war, and in
respect to various acts of Congress passed during
the rebellion, which, as to projicrty, declare its
liability to capture, forfeiture, or confiscation,
when used in aid of the late rebollion. But
wherever, in any of these acts of Congress, the
terms “aid and comfort” are use9 in uny other
than the commonly received acceptation, some
qualification or description is added to make
them apply to the rebellion.
Nevertheless, although I strongly incline to
think that tiie aid and comfort here mentioned
Bliould strictly be confined to its acknowledged
legal interpretation, I am not quite prepared to
say that Congress may not have used it as appli
cable to the rebellion. I shall, therefore, allow it
due weight in the next Inquiry in giving con
struction to the clause now to be considered —
We are now to inquire what Is meant by engag
ing in insurrection or rebellion against the Uni
ted Stales. The force of the term “ to engage ”
carries the idea ot active, rather than passive
conduct, and ot voluntary rather than compul
sory action. Take, ns an instauce, a rebel soldier
compelled to service by force of conscriptiou.—
Take, ns niiotlier instance, the case of a stave,
who, by the command ol' his master, or by mili
tary orders, has served in the rauks or aided in
the construction of military works. It would be
.ry
an abuse of language to hold that in these in-
igu
stances the parties "have engaged in rebellion
within- the meaning ot that word as used in this
law. But whilst, in my opinion, a conscript or
slave, forced into the ranks or other military ser
vice, is not included, it does not follow that other
classes than thoso who actually levied war and
voluntarily joined the ranks of the rebels, are to
bo excluded—taking it to be clear that in the sense
of the rebel cause,, it would involve the peraou,
and it must work disqualification under this lavr.
Voluntary contributions in furtherance of tiie
rebellion, or subscriptions to the rebel loans, aud
even organized contributions of food, or clothing,!
ou necessary supplies, except of a strictly sani
tary character, are to be classed with acts, which
disqualify. *
THE BOARD OF REGISTRATION. <"
The Original net contains no provision as to
manner and time for holding elections of dele
gates to tho convention, or for ratification ot the
constitution framed by that Convention, Or for
other purposes. The first section of the supple
mental act provides that a registration of tho
voters shall be made before tiie flint of Septem
ber, 1807. Tho fourth and subsequent sections
of this act provido lor tho means by which
this registration is to be effected; The
commanding General is directed to appoint as
many boardB ol registration as may be necessary,
Consisting of three loyal officers Or persons, to
make and complete the registration, superintend
the election, and make return to him ot the Votes,
lists of voters, and ot the persons elected as dele
gates by a plurality of votes cast at said election;
and upon receiving said returns he shall open
the same, ascertain the persons elected as dele
gates according to the returns of the officers who
conducted said election, and make proclamation
thereof; and if a majority of the voles given on that
question shall be for a convention, the command
ing General,-within sixty days from date ot elec
tion, shall notify the delegates to assemble in
convention, at a time and. place to he men
tioned in the notification, aud said convention,
when organized, blmll proceed to frame a consti
tution and civil Government according to the
provisions ot this act aud tho act to which it is
supplementary, and when the same shall liave
been so framed, said Constitution shall be sub
mitted by the convention lor ratification to the
persons registered under the provisions of this
uct, at an election to he conducted by the officer oi
persons appointed, or to lie appointed, by the
commanding General as herein before provided,
and to be held after the expiration ot thirty days
from the dale of the notice thereut to he given
by said convention, and returns tliereol shall be
made to the commanding General of the district.
The sixth section provides, “ Thai all elections
in the States mentioned in the said act, to provide
for tho more efficient government of the rebel
States, shall,dui ing the operation ot said act,be by
ballot, and ail officers making said registration ol
voters, and conducting said elecliqus, shall, be
fore entering upon the discharge of their duties,
take aud subscribe the oath prescribed by lin
net, npproved July 2d, 18B2, entitled “ an act to
prescribe an oatli of office;” provided, that it
auy person shall knowingly and falsely take and
subscribe any oath iu ttiis act prescrilied, such
person, so otlending and being thereto duly con
victed, shall bo subject to the pains, penalties, and
disabilities whicli by law are provided lor the
punishment ot wilful and corrupt perjury."
The only oaths prescribed by this act are the
oath to be taken by the person applying tor regis
to this law persons may have engaged in rebel-
.... . " id war
lion without having actually lovied war or token
IfrA- each MjiHi of li
{!< tod for each «ubt»
S'
•stpoonig
•Mjimbfl J
Special Notices, -it eents per line first insertion, and 10
cents per line lor each subsequent insertion.
Advertisements Inserted at Intervals to be charged aa
new each insertion. ■'
Advertisements ordered to remain on anj particular
i, to be charged ae new each Insertion. - - '
foe he money for advertising considered dne afur first
'"a*! communication* or letter* on business Intended lot
this office Bhonld be addressed to "The Atlanta lntelll-
gencer." JARED 1BWEN WHITAKKs*
Pioprietor.
RAILROAD GUIDE
Georgia ttallroad.
E. W. COLE, Super'Header.
DAY rA88BNGBR TBAIR.
Leave Atlanta at ?*a0 A. M
Arrive at Augusta .tt.UU P. M
Leave August* at* 0.W A. M
Arrive at Atlanta o.aur. M
NIGHT PA88KNQKR TRAIN.
Leave Atlanta ... l.. ..6.80P.M
Arrive at Augusta A. M
Leave Auj
Arrive at
Atlanta.
Atlanta A Wen-Polm Uallroud.
L. P. GRANT. ju/MrvtfruHtt.,
t)AY PA8SKNGER TRAIN—OUTWARD.
Leave Atlanta. — T r • • • A. M
Arrive at West Point. # i ;.W.10 JP. M
DAY PASSENGER TRAIN—INWARD.
Leave West Point ...w.ia.50 P. M
Arrive,at Atlanta * M
NIGHT FREIGHT AND VABSRNOaR—OUTffAW)^
Leave Atlanta «• •• • JJ-J5 *’•11
Arrive at Went Point ..1*2.26A. M
NIGHT FREIGHT AND PASMENGER—IHWAHD. !
Leave West Point M
Arrive at Atlanta 8.15 A. M
tralioQ. and the oath to be taken by the personb
‘ -* T*
composing tile Board of Registration. The du
ties ot the board are fir9t, to make and complete
arms. All those, who, iu Icfllartw 1£ other Satfomand tosu^riutoqd theeimW
atlhm“hn&TkuSlrwL who, In , The first question is » to the duties and powers
fllonigoiusry Ac W e.i-r'olm ttallroad.
DANIEL-11. CHAM, euinsrinunamt.
DAT THAI*.
...I. 6.00 A. M
cst-l’utnt r ...ia.WM.
Leave Wost-Euiul t- -S
Arrive at Montgomery . 8.00 P. M
NIGHT TRAIN.
Leave Montgomery S OU P. M
Arrive at West Point to-05 A. M
Leave West Point 10.6 A. M
Arrive at Montgomery o.UO A. M
ho original act contemplates
disfranchisement arising from participation in a
rebellion, whereas, disfranchisement under these
clauses does not nriso from participation in re
bellion atone, hut otoer elements must Concur
that is to say, holding of certain offices, or ta
king official oath by certain officors, and -after
wards participating in rebellion against tiie Uni
ted Btates. Tho consideration of these two
clauses leads to two distinct subjocta-matter of
inquiry: First, what offices or officers are
comprehended; second, what acts amount to en-
iglngin insurrection or rebollion against tho
nited Btates, or giving aid or comfort to the
enemies thereof. I will first consider what oi-
flees or officers are comprehended.
As to some officers there is no room for doubt.
Members of the Btate Legislature, or members
to Congress, are clearly enough designated. Tiie
question might, however, arise; whether a con
vention held in a State for tho framing or amend*
ment of its Constitution, would nnswer the de
scription of n Btate Legislature within the mean
ing ol this act. Such a convention, although it is
clothed with logislativo power, cannot properly
be denominated the Stato Legislature, aud in the
acta now under consideration a convention and a
legislature are expressly distinguished from each
other for they require the Constitution to be
framed by a convention, and they require the Le
gislature of the same State to adopt the Constitu
tional Amendment. When, then, in the sume acts
they again use the phrase “ Legislature of tho
State, they must be understood to use it in tuo
same sense, aud os distinguished from a Consti
tutional Convention. But as to those legislative
bodies which passed what are called ordinances
of secession, by whatever name they may have
been called. I am ol opinion that their members
are properly comprehended within this disquall*
tying clause, tor I can imagine no official logwla-
tlvo position iu which tho duty of allegiance was
more distinctly violated.
The next and more difficult inquiry is,, Who is
be considered an officer of the United States, or
executive or judicial officer of any Btate. with
in tho meaning ol these clauses? Various class
es to officers arc here intended : Slat* otficera and
federal officers, aud executive or judicial officers.
No legislative officer is mentioned except a mem
bers of a Btate Legislature, or a member of
Congress. The descriptions used as to other of-
Accra are, as to Stuto officers, that they must be
iudicial or executive; and as to a icderal officer,
the terms executive or judicial are not expressed.
He is described simply as an officer ol the United
cers, or officers of Btate. In oue sense, and in a
popular sense, tho description executive officers
of a State is applicable to a well known class :
the Governor, Lieutenant Governor, State Audi
tor, Treasurer, Secretary, and State officials pro
per, who exercise executive luuclions at the seat
of Government I am-not prepaWd to say that
only these proper State officials com* within this
term of description; nor am I prepared, as to Ju
dicial officers of a Stato, to limit tho description
to judges of courts whoso jurisdiction extends
over tiie entire Stato.- I must oontent myself, in
Baying of those officers, executive or judicial,
that they are cioarly within tho meaning of tho
t ’ . * '' ••-li f, r ' •*.
Now, Changing the inquiry from an amriun-
tlvo to a negative process: Such officers os usu
ally pass finder the description of municipal, do
not come' within tho purview of the act—such
as officers of cities, towns, villages, and subordi
nate municipal divisions, whether' their func
tions are executive or judicial; or, as is some
times tho case, where the same officer acta in
both'capacitiee. Ontaldo of these two represen
tative classes, tho first to which Is clearly within,
and the last to which is clearly without, the
United States, and it is clearly provided by this
clause that ii this oath lias been taken by a
member ol a State Legislature, or by an execu
tive, or judicial officer ot any State, then such
person violating that oath and ongaging in insur
rection siiail ho disfranchised. There is some
obscurity in these clauses, aud room for doubt
whether disqualification under the first cluuse
would arise in tho case ot a member of a Shite
Legislature, or any executive or judicial officer
of any Suite, who had not taken an oath to sup-
lMirt the Constitution of tiie United States. I
incline to the opinion that this oath ifl put aa an
essential tiling, the breach of which, by insurrec
tion against the United States, violates the trust
VIIU support Ul IUU OU.'.. ... ...
rebel Legislatures and rebel Congress,
conventions, diplomatic agents to tho rebel Con
federacy, or such other officials whOBO duties
more especially appertained to tho support
of tho rebel cause, must he held to come within
tho terms of exclusion. Officers in those rebel
States wife, during tiie rebollion', discharged offi
cial duties not incident to war, but in tiie
(reservation of order and the administration of
aw, are not to bo considered as thereby en
gaging in the rebellion. Tiie interests of human
ity require such officers for tiie performance to
Inch. ■ 1 iH ' “ m
purvlow of theso- clauses, we find in each ot
these States a host of officers whoso status is In
some way to bo determined. It is impossible
here to proceed by way of enumeration aud dis
tinguish by name all those^who tiro included,
u a‘l M
, u all those who are excluded.
All that can be done is to establish some fixed
rules). I feol the necessity of circumspection here
:fu '
imposed oy h upon me officer.
Bi Mi
It has been shown that federal officers and
State officers are classified separately in the
clauses of the act under consideration. Adeem
it profitable, and conducive to a clear order, to
follow this classificstion. I rfhall accordingly
first consider wliat State officers are mcluded In
laence,change the provisions of the original act,
_ it is expressly provided by it, as to registration,
that it Shall Include only those who arc qualified
to vote by the original act To carryout the
purposes of the law in this respect as to residence,
the Board Registration should n<
I note, opposite the
name of the person whose residence has not ex
tended to the full term, the exact time of his rest
''Trio citizenship- The qualification stated in
the original act Is citizenship ot the Btate; but by
the first clause of the flrat section in the supple
mental act, registration is to be made of the male
citizens to the United Btates; and as to the oath,the
tiie terms “executive or judiyjsl.” This phrase
' ' these clauses; with tlife snperad-
twiee used irt these
jfed description: “In any btate in the first
clause, aud “ of any State
in the second clause.
I think the controlling time of description,
there is any repugnancy iu the terms, must
i taken to l)o the last, for that is used in the
most comprehensive clause as to the very offi
cers named in the first clause and to olhera
Besides, it is the same term of description used
in the act ot Congress of 1789, declaring what
state officers are required to take the oath to
support tiie Constitution of the UmtuiljSlatts,
and in the third section of tho constitutional
amendment, both use the sametorms ofdeseri[(-
ifon “executive and judicial officers of a State
The terms are bo general and indefinite Hint
they fail to express, with sufficient certainly, a
designation of the persons intended to be reach
ed It is to he regretted, in a matter of so much
importance, that the rule of designation adopted
as to members of Congress and of a Btate Legis
lature had notbeeu followed up; or, If that were
found impracticable, that some more definite
general rules had not been declared. The un
certainty becomes manifest in the application ot
the law, and this uncertainly necessitates con-
8l The°ncces8lty for construction which arises
from the generality of the law, cannot be better
slated than in the language of Flo.wden:
“ Though the words be general, they are to be
reduced to a particularity by exposition, made
according to the intent ot The act. Those statutes
which comprehend all things in the letter, the
sages of law have extended hot to some
things. Those which generally prohibit all peo
ple from doing such an act. they have interpreted
to permit some persons to do It: and those
which include every person in the letter, they
have siliiidtrcd to reach Borne persons only—all
foundi
in saying who are included within the disfran
chisement, rather than in saying who are not in
cluded ; for where there fe doubt, according to
the rule of construction which lias been relerred
to Hint doubt must be solved in favor of, rather
than against, ilie right of tho voter. Tin: exclu
sion is all-comprehensive as to time, and applies
not only to thoso who were in office when tbo
rebellion commenced, but to thoso who held tbo
prohibited offices at any previous timo, although
they may have ceased to hold such office an In
definite number of. years prior to the rebellion.
It is founded on tiro idea of a breacli to official
trust due to the Btate ns tbo author or donor of
tiie trust. It is (minded on tbo idea of a breacli
ol trust, not arising merely from allegiance as a
citizen hut duty to the Btate in a direct offlclul
relation to that State, und through that to the
Federal Government.
Bo lar us this act designates by name the per
sons who violated such a trust, it is that class to
whose keeping Hie trust is especially confided—
that is to say, tbo pel-sons who were clothed
witti Hie legislative power. Where, as in this In
stance, there is a purposo of exclusion on a com
mon ground, and one class is designated as com
ing within tiie purpose, and other classes are
left indefinite und only to be ascertained by con-
at ruction, it i« allowable to And tho iudcAnilo
class l)y tiie rule of assimilation. We see then,
in this law, a purpose ot exclusion as to the three
great departments of a State-legislative, Judi
cial and executive. We see iurthcr, that as to
the lc'Wntive department, made up of a legis
live IhkIv, composed of members and various
officers appertaining lo such a body as a legisla
ture the exclusion is only ot the higher func
tionaries of that body, Hie number», and is not
carried to its suliorditiate officers.
The terms of exclusion are not the members
and officer* to a State Legislature, hut simply
the members of a Btate Legislature. Aa, there
fore, Hie exclusion in the legislative department
lias effect only upon tho highest class in timt de-
Iiartinent, It is safe to say the same policy of
exclusion attaches rather to such officers as ex
ercised functions ot important trust iu the execu
tive and judicial departments titan to those whose
functions and duties are merely limited and sub
ordinate. 1 have already called attention to tho
comprehensiveness of these exclusions aa to
time. Now, to declare them equally comprehen
sive as to persons, and to say that they embrace
all officers, largo and small, coming iu auy sense
within Hie description of executive and judicial
offlceuL who have at auy time during their lives
held any one of these offices, would have Hus
inevitable result, that in the formation of the
constitution for a State, by the agency ol it own
^ut lids clause, so for as the executive or judi
cial officers of a Btate are. concerned, does not
enlarge tbo class subject to disfranchisement.—
Tho officer brenking tho oath which works dis
franchisement,must also be a judicial or executive
officer ora State,according to the rule hereinbefore
established. I do not apprehend any practical
question will arise here, for by the Constitution of
the United Btates, this oath is required to he taken
by “ tho members of the several Btate Legisla
tures and all executive und judicial officers, both
of Hie United Btates and to tho several Btates,
and in these ten State* the same oath was re
quired as to members of the Legislature ana the
executive aud judicial officers of the State. This
tilings me to Hie question, "Who Is lobe consid
ered an oflloer of the United Btates?". within Hie
moaning of the clause under consideration.
Here the term olifter is used in its most
official conduct iu time of war or insurrcc
tion, na well as in time of peace, and the per
formance of such duties can never bo consld-
erea as criminal.
I cannot bring myself to the conclusion that
Congress meant that such purely civil and ne
cessary offices involved the incumbent in the
guilt of insurrection. Nothing but tbo most
cogent language, sucli as was used in the test
oath for lawyers, could manifest such, a purpose.
The Supremo Court, iu construing that test oath,
and in referenco to the clause to whicli I have
alluded, UBes this language : “Tho third clause
general sense, and without any qualification, as
legislative, or executive, or judicial; and I think,
as here used, it was intended to comprehend
military as well as civil officers of tbo United
States who had taken the prescribed oath. In
as much as tho violation of tiie official oath ami
the official trust has relation to fealty lo Hie Uni
ted Btates, which is broken by rebellion against
tho United States, tho reason is appnrcnt lor in
cluding all officers of tbo United States, and lor
making tiie disfranchisement more general and
comprehensive os to them, standing as they do
in more direct relation and trust to the United
Btates than tire officers of a State.
I now come lo consider wliat is the meaning
and scope of Hie disqualification arising upon
that part of tiie oatli which requires the persou
to slate that lie lias uot “ engaged in insurrection
or rebellion against the United States, or g-ven
aid or comfort to Hie enemies tiiereot.'. I must
In-re repent what lias been said before, that to
work disqualification two elements must concur:
First, holding Hie designated office, State or
Federal accompanied by an official path to sup-
uort tho Constitution to the United States ; and
second, engaging in rebellion against tiie United
Btates or giviug aid or comfort to its enemies.—
Botli these must not only concur, hut they must
concur iu the order ot time mentioned. First,
the office and Hie oath, nnd “ afterwards en
gaging in rebellion, or giving aid or comfort.
A person who has held an office within Hit
meaning of this law, and lias taken tbo official
oath and who lias not afterward participated
in a rebellion, may very safely take this oath;
and so, too, Hie person who has fully participa
ted in the rebellion, but has not, prior thereto,
la-id an office aud taken the official oatli, may,
Klacon & Western Railroad.
E. B. WALKER, OupeHntmcImt.
vote for
delegates by tho act aforesaid, and who shall
have taken and subscribed the following oath or
affirmation.
By this oath the person applying ior registrn
tion must swear or affirm to every qualification
provided lor by tbo original act. Tiie first ques
tion whicli arises here is whether any oilier oath
DAT rABSKNBXR TRAIN.
i each Losve Mncon 7.30 A. M
• iii Arrive at Atlanta lJi7P.lt
i mcluded AUlu , u 6.66 A. V
‘Delude 1 Arrive at Macon 1.3*1 P. V
Leaves Atlanta 8.10 P- M
Arrives in Macon 4.26 A. M
Western At Atlantic llallivsd.
CAMPBELL WALLACE, Superintendent.
can bo required of the persons applying lor regis
tration. or tinv oath can bo adinmisl
applies to tho seeking, acceptance, or exercise,
not only of offices created for the purposo of
not only.. _ .
more effectually carrying on hostilities, hut also
stored to any
other person or persons touching tiie qualifica
tions of tho applicants, by the Board nf Registra
tion. Tho last clause of Ibis first section pro
vides ns follows: “Which oath or affirmation
may be administered by auy registering officer.”
Tho onlh lioro »■> 1- •!•*> -—Ih to he taken
by the person applying lor reglcumiou. i i—. .
very carefully examined all tiie provisions ol
this act, aud I can find no authority for uny oth
er oath to he takon by any one touching tliff qual
ifications of the applicant for registration, but
only this oath. I am clearly of opinion that
any other oath touching the qunlificulious of the
applicant would he extra judicial, and without
authority, and that falso swearing could not be
assigned as peijury upon such unauthorized oath,
especially as tiie proviso to tho sixth section
to any of thoso offices which arc required in ev
ery community, whether in peucc _ or war, for
the administration of justice, and the preserva-
' I find '
tion of order.” I find no such purposo In tho
use of any ot tbo terms of the act now under
consideration. I am, accordingly, of opinion
that the holding a simple judicial office, or other
executive offices, or public employments, as are
of purely civil character, such as county Offices,
municipal offices, and all pthers of a like nature,
which were uot created tor the purpose ot more
effectually carrying ou hostilities, and which did
not involve tbu performance of duties expressly
in furtherance ol the rebellion, do uot, within
the meaning of this part of tho oatli, fix on the
Incumbent the guilt of engaging in the rebellion.
with equal safety, take this oath. My duly here
is slmpiy. one ol construction. ^ IiUyiot deem U
proper to enter upon uny question to the cousd-
tufionality ot this part oi the act. Taking it as
granted, for the purpose of construction, Hint Cou-
gress has u right to Impose sucli an oatli, it is not
only allowable, hut imperative, that I keep In view
Us essential characteristics. It is something
more than a legislative act in derogation ot an
existing right! It Is, in effect, a law which takes
away an existing right as a consequence of acts
done at a prior time, aud which, at the time
they weru douc, entailed no Buch consequences.
In the late cases before tiie Supreme Court pf
the United States, upon tiie test oatli prescribed
liy an act of Congreas to bo taken by lawyers,
by which the exclusion from the rigid to prao-
Ucc their proiesaion was made to arise upon prior
■ • TT \E ur - ■ “ * " ‘
most intelligent and capable of the people,
would be excluded. ' , ■
There is no part of my duty in attempting to
give construction to these laws, in which I nnd
myself involved in such pain'ul uncertainty aa
in determining what officers, outside the classes
already designated, come within the lust range of
non. I have said that, in addition to the
applicant is only required toswearUiath^ is a
citizen of the 8t
.u. a» State. I am of opinion that the
phrase "citizen of Hie State,” as used in the oath.in
intended to include only such persons as are citi
zens to the United Btates and c-Uiens of the
Btate; and that uu alien, who has not been made
a citizen of tbo United States, cannot safely Uke r“; “".V',; Tfo neonla
the oath; but as the board of registration have is to enable the^pwpfe ot eacu
only authority to administer the prescribed oath
_ to reach some persons only
upon the intent collected by consider-
ln-r Uie cause and necessity of the act, and com*
oaring one part with another, and Bomotimes by
exclusion- I haye . T , ..
class of officers who clearly come within the
terms of the act, as Judicial and executive officers
of the Btate, and to those classes which compre
hend militia officers and municipal officers, who
clearly are not within the terms of the act, there
remain a vast body,iff officers whose status is n
some way to be defined. These are known in
popular language by such terms ot description
as comity, township, und precinct officers. Their
name is legion. Their functions and duties are
for the most part strictly local. Somo of them,
such as sheriffs, aud jus^w to C<*UUty. 0<>urte
participation in the rebellion, the court say
" As Uiu oath prescribed cannot be taken by these
parlies, the act, as against .them, operates as a
ogislative decree of perpetual exclusion, and ex
clusion from any of tbo professions or any ol tho
ordinary nvocalions of life for past conduct,
can be regarded in no other light than as
punishment for sucli conduct Tiie exaction
ot the oath is tho mode provided for ascer
taining the parlies upon whom tho act is
intended to operate, and, instead of lessening,
increases its objectionable character. Ill enact-
paring one part
foreign circumstances." ...
1 deem it proper here to fix some clear ideas
itoewhoi these States
To frame's constitution for the State by the exer-
have Jurisdiction oyer the entire county, others
are restricted to the smallest civil subdivisions.
trie ted to »hw r
I have directed abstracts to be prepared for ear*
ot these States which will exhibit all these offi
cers and the duties whicli appertain to them and
the form of oath required , , , „
I must reserve for further consideration, after
the abstracts are mado, the question whether all
of them, or if not all, what classes of Jhyse offl
cere, come within the disqualification.
So much for official participation.
I now recur to wlmt amounts to individual par-
ticlputlon in tiie rebellion. In the attempt to ar
rive at the classes of persons, or of acts, intend
ed to he comprehended in the matter of engag
ing in rebellion, we must have dqo regard to
life sui'jcct matter. Undoubtedly, although ev
ery rebellion against (lie Utilted States is com-
jfeliended, it is the late rebellion, which, almost,
.f not altogether, can lw said to tic tho proper
subject inatter—a rebellion whicli extended over
eleven States of tiie Union, involving, more or
less, millions of their people, continuing for
more than four years, and maintained .by a vast
military authority, whicli, as to all these people for
a time, and as to most ot them during its continu
ance, excluded them from all protection under
ttiet lawlul government. Tliu obligations ot alfe.
glance, when thus separated from the correspond
ing right ot protection, and the breach ot that
allegiance, nrc necessarily modified under such
circumstances. The obligation is less stringeut,
sml a breach ot that obligation less reprehensi
ble than in cases of tenqiorary or ideal insurrec
tion. Nor must we forget that throughout these
rebel States there were large classes of their pop
ulation more or less opposed to the rebellious
movement, and who wero yet more or leas ne;.
cessarily involved in its support.
I have already said that the language used in
tills act as to participation carries the idea ot
voluntary participation, and I am satisfied that
these considerations, growing out of tho nature
of tire rebellion, induced Congress to use tho
word “ cngasjo” in tiie sense ot voluntary parti
cipation. When an insurrection, by its continu
ance aud power, takes the form ol a da facto gov
ernment, and prescribes and enforces laws over
people within its territory, individual rights
and obligations undergo an inevitable modifica
tion, and the rightful und displaced authority,
when it again comes into place, must, iu a mea
sure, accommodate Its action to circumstances,
NIGHT RXTaZSS FABSRNGKB TRAIN—DAILY.
Loavo Atlauta 7.00 P. M
Arrive at Chattanooga... 4.00 A. M
Leave Ctiatlauooga 4.80 P. M
Arrlvo at Dalton 7.60 P. M
Arrive ai Atlanta..': 1.66 A. W
DAT rASSENGRR TRAIN
Dally, except Btunlays.
Leave Atlanta 8.60 A. M
Leave Dalton P.M
Arrive at Chattanooga 6.26 P. M
Leave Chattanooga 4.60 A. M
Arrive at Atlanta , 1.16 P. 1
UALTON AOCUMnui.a 1 ivn laAu..
Dally except Bnndays.
Loave Atlanta S.60 P. M
Arrive at Dalton lj-441. M
Leave Dalton I'? ?• iJ
Arrive at Atlanta ’ 8.60 A. H
Kail Stage IAuc front Atlanta to Dali-
lonega.
Leave Atlanta Monday, Wtalma*day and Friday...6 A. M.
Arrlvo Tneeday, Thursday and Saturday. .7P. M.
above quoted, whicli declares wliat false swear-
‘ Sii
ing shall amount to perjury, is expressly limited
“ any oatli iu this act prescribed,”
In arriving at this conclusion, I have giv
en due weight to that part to tho first sec
tion of tho net which declares “that the re
gistration shall include only thoso persons who
are qualified to vote for delegates by tho act
aforesaid, aud who shall have taken and sub
scribed the following oath, or affirmation.” If
we rend these words by themselves, without re
gard to tho oilier provisions to the uct, the im
pression is made that two things must concur to
authorize the registration of the applicant First,
that ho actually possesses the qualifications re
quired by the original act; and, second, that he
shall take tbo prescribed oatli. But, when we
look to tho qualifications required of the appli
cant by Hie original act, and fiud that he is re
quired by this'oath lo swear to every one of
these qualifications; and that no authority is
anywhere given to enter upon auy other inquiry
us to his qualifications, or to administer any otlior
oath to him, or any oatli to any oilier perBoti
touching ills qualifications, and that his oath,
and hia oath alone, is punished with perjury, it
is impossible to resist tiie conclusion that the
oath itself is the sole and only test ot the quali
fication of the applicant.
When, therefore, a person applies to tho hoard
for registration, the power ot the board is con
fined to Hie administration of the prescribed
oath; and it the applicant lakes that, his name
must go upon Hie registry. Tho hoard cannot
outer upon Hie inquiry whether he lias sworn
uuly or fuiscly. That inquiry must be reserved
to the court which may ufterwurd have jurlsdic
tion to try him on an iudictmenl for perjury
Next, aa to the duties ot tiie hoard after the regis
tration is completed. They are to “ superiuteml
the olectlon and make a return * * * ol the
votes, lists of voters, and of persons elected,” to
Hie commanding general. It is very clear, from
these provisions, that, iu su|(erinteuduig these
elections, the duty pt the hoard is to receive the
yotes of the persons whose names are upon the
registration, and to reject all others. There is no
provision unywhere lo surcharge or falsity, or to
add a single uame to Uui registration, or to
erase a single name which appears upon it
and consider many things as rightlully done,
fa
which, iu a mere insurreUion, would have no
color ot legality. This principle is recognized
iall
by all civilized nations; lias bceu especially en
forced iu England by statute, aud by the decisions
Henry the 7Ui.
LARGE STOCK FOR CASH.
40
HOGSHEADS CLEAR-SIDE BACON,
CRACKER MANUFACTOR?
BREAD BAKERY I
Crackers for Families aud Healer* 1
Bread for Famlllea and Dealer* 1
BAKED FRESH EVERY DAY!
C. W. JACK’S
ESTABLISHMENT,
WHITEHALL. gTBEET.
CANDIES, CAKES,
ORANGES, LEMONS,
PICKLES, SAUCES,
OYSTERS, SARDINES,
NUTS, RAISINS,
JELLIES, CAN FRUITS,
WILLOW WARE,
TOYS, DOLlsl
incuts of this kind partake of the nature ot bills
of pains and penalties," The pourt further say:
•< The deprivation to any rights, civil or political,
ot courts, as early as the reign of
Obedience to tue dc facto government established
under a usurping monarch, lias been held not to
involve a subject in Uie guilt of treason to Hie
lawful king Giving due weight to these well
established principles, I proceed witli the inqui
ry. I am of opinion that somo direct overt uct,
done witli the intent to further Hie rebellion, Is
necessary to bring tho party within the purview
and meaning of this law. Merely disloyal sen
timents or expressions are not sufficient. The
previously enjoyed, may he punishment—the
circumstances attending, and the causes of the
deprivation, determining this fret." The char
acteristics to this clause of the act are, there
fore, retrospective, penal, and punitive. Ot
oourae, there can be no question as to the rule of
construction which is here to be applied. Those
its operation
who are expressly brought within i
’ ' its operation.
person applying for registration is not required
to clear himself from the taint of disloyalty.
cannot he saved from its operation. Where,
from the generality of term* of description, or
for any other reason, a reasonable doubt arises,
that doubt is to be resolved against the operation
ot the law, and in lavor ot the voter. What
acts then, within the meaning ot this law, make
a party gollty of engaging in insurrection or re
bellion against the United States, or giving aid
or comfort to tho enemies thereto? The lan-
here comprehends, not only the late rebe|-
Tbe meaning of Congress here becomes yet more
evident, when we look at the last clause of the
prescribed oath. He 1» required to swear that
be " will faithfully support the Constitution and
obey the laws to the United States, and will, to
the best to his ability, encourage others so to
do.” This part to tho oath is not exculpatory,
but promissory. It looks fo the future, and not
to the past, and the purposo is here manifest, to
omit, as to the right to vote, the disqualification
Susgel
amiujjr lrom Piut disloyalty, put in the teat oath,
at a duKiualinc
15 hogtfhtuuU Clear Rib-alile Itaoon,
15 hogsheads Rih-sido Bacon,
25 hogsheads Bacon Shoulders,
10 casks Plain Bacon Dams,
10 tierces Sugar-Cared Hams,
tio barrels, tierces, and kege Lard,
225 barrels. Supertine Floor,
75 bauds Extra Plonx,
75 barrels Family Flour,
75 barrels Choice and Fancy Family Flour,
83S bags Family Flour,
4000 bushels White and Yellow Corn,
300 bushels Chpice White Com Meal,
frenh ground at watermills,
200 bales beet Kentucky hay,
2000 bueheh Damaged Corn,
500 bushels Stock Meal.
300 bags Virginia BklL.
200 bfjrreU Baugh’s itnw-Bouo Superphosphate,
3U barrels Choice New Orleans Syrup,
20 kegs Choice Goshen Butter,
30 bags Rio Coffee,
80 barrels Sugar,
3000 pounds KiUlckluick Smoking Tobacco,
30 bales Factory Yams,
6 bales % Shining, ,.| Ai *
5 bales Osnabargs. , .
All of which will be Bold on the most liberal terms to
the trade, tor cash only.
A. K. SEAGO,
Coin mission Merchant,
Comer Forsyth aud Mitchell streets,
nmy2—2w * Atlanta, 1 ua.
BBT*Bra and Star copy
And everything usually kept in a Orst-dasa Confec
tionery. The Country Trade, and the City Trade, and
everybody elee supplied at short notice, and ln any Quan
tity desired, of auy ot the above article* My Candies
are manufactured at my Establishment. Call and see me.
aprV—3m Q, W, JACK.
M. & J. HIRSH,
CLOTHING EMPORIUM
Wholesale and Retail
Whitehall street, Atlanta, Otorgis,
(ADJOINING DAVID NATRU's OLD STAND,}
R EBP coneuntly a new and •tilendld ■••ortment ot
MEN’S. BOY’8. and YOUTH’S CLOTHING, and
a general stock of OenUemt-a’* Famishing Good*—.
IIATS, TRUNKS, YALI8E8, Ac., all of
0VM OWN MJNUN4-OTUNK, ,
Giving n» the advantage of Belling cheaper than any other 1
eetaUiuhmvut of the kind this Bid* of Now York.
The wholesale trade, or merchant* from the conn try
can be supplied at onr Katabilehment, and a liberal dU-
coont allowed them.aprlT—Sm
i (UsquRimcdtion from Hie right to exercise
office. Mere acts of common humanity soil
charity cannot be considered as involving the
party m participation iu tho rebellion. Bo too,
ore lowed coiMribuUoas by thb rebel authorities,
or the compulsory payment of taxes in aid of
lbs rebel cause.
Rut wherever an get is done voluntarily in aid
NEWTON HOUSE,
a. r. Btuunn-r. *. o. ipjunrrt.
A. FI BURNETT & CO,
Wholesale and Retail Dealer* tnfpure
CRYSTAL LAKE ICE.
W i »« oowprepartid to fornUh Pure CRYSTAL
LAKE ICE in any Quantity to Hotel* ReMan-
ranta, Saloon*, and Private Pamilieo. I-articular care
and attention paid to packing and ahlpping of lea to
Ice IioniH' open at all hoar* except Bandar* Sunday
hour* from 6 to ft A. M., and lrom tftoTPM
For alckneaa, Ico can be obtained at any hour nf da j or
-algon j. id-bo ** .dfe** :..*•■.... -1 -...ji (,,, fi'ji.
priri-am
ATHENS* GEORGIA.
BENJ. WHARTON. Proprietor.
aprt0~3ui
A. V. BURNETT At CO.
MORE NEW GOODS.
rtesa Balmoral, Strap, or Oxford-Tiu n
law ‘ *