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TThe JJaily giitrUipw.
O P F I CM «
TUB nilH(.KNRKINK IIIHU)1NI1.
.Mo of Whitehall street, between Aln»m* slreet
awl the Rallroai croselng,
PUBLISHED UAII.Y AND WKKKLY BY
JARED IRWIN WHITAXER,
Froprleton.
atlantal Georgia.
——■ \ ■as-p* 1
Friday Morning. Juno 21. 1807.
official opinion of thr attor-
NKV RMNKHAL.
The Power of miliary Commandants.
Thr Ibtsident:
mh- On the 2-till ulUfno I had the honor to
transmit tnr your consideration iny opinion upon
smiin of llio questions nrisitiK under llio recon
struction acta therein rel'crtytl to. I now pro?
cWtl to give mv opinion on the remaining ques
tions, upon winch the military commnnacis re
quire instructions.
First, ns to the powers ami duties,- of these
rmmriamlent.
Tim original act recites in its preamhlo that
"no legal State governments or adequate pro
tection lor life or property exist” in those ten
Stales, and that "it is necessary that peace and
good order should bo enforced" in those States
"until loyal and republican Stale Governments
can ho legally established.’'
The Aral and second sections divide tliesc
Stales into five military districts, subject to the
military authority of tint United States as there
inafter prescribed, and make it the duty of the
President to assign from the officers oi llio army
a general officer to llio command of each dis
trict, and to furnish him with a military force to
perform his duties and enforce ltis authority
within Ids district.
The third section declares "that it shall be the
duty of cacli officer assigned ns atoresaid to pro
tect all persons in their rights of person and pro
perty, to suppress insurrection, disorder, and vio
lence, and to punish, or cause to be punished, all
disturbers of the public pence and criminals, and
to this end he may allow local civil tribunals to
take jurisdiction of and try otlendcrs, or, when
in his judgment it ntny be necessary for the trial
of ollcnders, he shall have power to organize
military commissions or tribunals for that pur
pose ; and all interference under color of State
authority with the exercise of military authority
under this act shall bo null and void.”
The fourth section provides “that nil persons
put under military arrest by virtue ol litis net
shall be tried without unnecessary delay, and no
cruel or unusual punishment ahull be inflicted ;
and no sentence of any military commission or
tribunal hereby authorized, atlectlng the life ur
liberty of any person, shall be executed until it
is approved by flic officer iu command of the
district, aud tbo laws and regulations for tbo
government of the army slmll not be affected by
this act, except in so far ns they conflict with its
provisions: Provided, That no sentence of deatli
under the provisions of this act slmll lie carried
into effect without the approval of the Presi
dent." /
The fifth section declares the qualification of
voters in all elections, ns well to framo the new
constitution for each State as in the elections to
tic held under the provisional government until
the new Slate Constitution is ratified by Con
gress, and also fixes the qualifications of the del
egates to frame tho new constitution.
The sixth section provides, “That until tho peo
ple of said rebel States shall fie by law admitted
to representation irt tile Congress of tho United
States, any civil governments which may exist
therein shall ho deemed provisional only, and in
all respects subject to tho paramount authority
of tire United States at any time to abolish, mod
ify, control, or supersede the same; and in all
elections to any office under such provisional
governments, all persons slmll be entitled to vote,
mid ttone others, who are entitled to vote under
the provisions of llio filth section of this act;
and no person slmll be eligible to any office un
der any such provisional governments who
would lie disqualified from holding office under
the provisions oi the third article of said consti
tutional amendment,”
Tlie duties devolved upon tho commanding
general by the supplementary act, relate alto
gether to the registration of voters and the elec
tions to be held under tho provisions of that act.
And as to these duties they are plainly enough
expressed in the act, and it is not understood that
any question not beretotoru considered In the
opinion referred to, has arisen, or is likely to
arise, in respect to them. My attention, there-
lore, is directed to the powers and duties oi the
military commanders under the original act.
\Ve see clearly enough tlmt tills act contem
plates two distinct governments in each of these
ten States; the one military, the other civil.—
The civil government is recognized as existing
nt the date of the act; the military government
is created by the act Both are provisional, and
Imili are to continue until tho new State Consti
tution is Iramod and tho State is admitted to
representation in Congress. When that event
takes place, both these provisional governments
YOL. XIII.
ERKOll CEASES TO BE DANGEUOU8 WHEN HKABON IS LEFT FREE TO COMBAT IT."—Jefferson.
ATLANTA, GA., FRIDAY. JUNE 21, 1867.
NO. 147.
lntions of the parties to contracts, giving protec
tion to ono party by violating the rights of tho
other parly.
I feel confident that these military officers, in
all they hnvo done, have supposed tlmt they
Imd lull warrant for their action. Their educa
tion aud training have not been of the kind to
fit them for the delicate and difficult task of giv
ing construction to such a statute as that now
under consideration. They require instruction,
and nearly all of them havo asked for instruc
tion, to solve their own doubts, and to furnish to
them a safe ground lor the performance of their
duties.
There can be no doubt as to tho rule of con
struction according to which we must interpret
this grant of power. It is a grant of power to
military authority, over civil rights and citizens,
in time of |ieace. It is a new jurisdiction, never
granted before, by which, in certain particulars
and tor certain purposes, the established princi
ple, that the military slmll bo subordinate to the
civil authority, is reversed. The rulo of con
struction to be applied to such a grant of power
is thus staled in IMcarrisqn Statutes, page 032:
" A statute creating a new jurisdiction ought to
bo construed strictly."
Guided by this "rule, and tho light of other
rules of construction familiar to every lawyer,
especially of those which teach us that, in giving
construction to single clauses, we must look to
the context and to the whole law ( that general
clauses are to be controlled by particular clauses,
and tlmt such construction is to bo put on a spe
cial clauso ns to mnke it harmonize with the
other parts of the statute, so aa to avoid repug-
nnucy. I proceed to the construction of this
pnrt of the act. ' _
To consider, then, in tho first place, the terms
of the grant. It is of a power to protect ail per
sons in their rights of person and property. It
is not a power to create new rights, but only to
protect those which exist and arc established by
the laws under which these people live. It is a
power to preserve, not to abrogate; to sustain
the existing framo of social order and civil rule,
and not a power to introduce military rule in its
place. In effect, it is a police power, and the
protection here intended is the protection of per
sons and property against violence, uniawlul
force, and criminal infraction. It is given to
meet the contingency recited in the preamble oi
a want of “ adequate protection for life and prop
erty,” and the necessity also recited 11 that peace
and good order should be enforced.”
This construction is mado more apparent when
we look nt the immediate context, and see in
what mode and by whnt agency this protection
is to be secured. This duty or power of protec
lion is to ho performed by suppression of insur
rection, disorder, and violence, and by the pun
ishment, either by the agency of the State courts
or by military commissioners, when necessary,
oi all disturbers of the public peace, and crimi
nals ; and it is declared tlmt all interference un
der color of State authority, with the exercise of
this military authority shaft be null and void.
The next succeeding clause provides lor a
speedy trial of the offender, forbius the infliction
of cruel and unusual punishment, and requires
that sentences of these military courts, which in
volve the liberty or life of the accused, slmll
lmvc tlie approval of the commanding general,
and as to a sentence of death, tho approval of
the President, before execution.
All these special provisions havo reference to
^reservation of order and protection against vio-
enee and crime. They touch no other depart
ment or function of the civil administration,
save only its criminal jurisdiction, and oven as
to that the clear meaning of this act is, that it is
not to be interfered with by the military author
ity, unless when a necessity for such interference
may happen to arise.
1 see no authority, nor any shadow of author
ity, for interference with any other courts or auy
other jurisdiction than criminal courts in tho ex-
erciBe oi criminal jurisdiction. The existing
civil authority in all its other departments, legis
lative, executive, and judicial, is left untouched.
There is no provision, oven under tlie plea of
military necessity, to establish, by militniy nu
thority, courts or tribunals for tho trial of civil
cases, or for tho protection of such civil rights
of porson or property as come withiu tho cogui-
zaticcof civil courts as contra-distinguished from
criminal courts. In point of (net there was no
foundation ior such a grant of power, for the
civil rights act and the Freedmen’s Bureau act,
neither of jvliich is superseded by this act, made
ample provision for the protection of all merely
civil rights where the laws or courts of these
States might fail to give full, impartial protec
tion.
I find no authority anywhere in this act for
tlie removal by tlie military commander ol tlie
proper officers of a State, either executive or
are to cease. In contemplation of this act, this i ut ii c ial, or the appointment of persons to their
military authority and this civil nuthority are to | . ) ] ftCegi Nothing short of an express grant of
lie carried on together. A lie people in these | power wou ij justify the removal or the appoint-
States are made subject to both, and must obey j munt 0 [ suc |, aa officer. There is no such grant
Loth, in their respective jurisdictions. I expressed or even implied. On the contrary the
There is, then, an imperative necessity to de- | c | ear j y enough forbids it. Their regular
liue us clearly as possible the line which sepa- ) g lal0 0 iu C ial3, duly elected and qualified, are en-
iMtcs the two jurisdictions, and tho exact scope j ti| | C() t0 hoW lbcir 0 q] ce8 . tf-
oi the authority of each.
Now ns to civil authority, recognized by tlie
if
ct as the provisional civil government, it cov-
, , —it of civil jurisdiction in
It had all the charueter-
hey, too, have
rights which the military commander is bound
to protect, not authorized to destroy.
We find in the concluding clause of tlie sixth
c, judiciul and executive
and lawful exercise of all these powers, except
mily that it was not entitled to representation us
a State of the Union. This existing government
is not set aside; it is recognized more titan once
by the act. It is not in any one of its depart
ments, or as to any one of its functions, repealed
or modified by this act, save only in tlie qualifi
cations of voters, the qualifications of persons
eligible to office, the manner of holding elections,
ana tho inode or framing the Constitution of tlie
State. The act docs not in any other respect
change the provisional government, nor does tlie
net authorize the military authority to change it.
The power ol further changing it is reserved, not
emoted, and it is reserved to Congress, not ocle-
e ited to the military commander.
Congress was not satisfied with the organic
law, or Constitution, under which this civil gov
ernment was established. That Constitution
to lie changed in only ono particular to
tic
make
tlie in;
it acceptable to Congress, and that was in
nitter of tho elective ‘franchise. Tlie pur
pose, tlie sole object of tills act is to effect that
• h inge, and to effect it by tlie agency of the
I pie of the State, or such of them as are made
voters, by means of elect ! ons provided for in the
net, and in the meantime to preserve order and
to punish offenders, it found necessary, by mili
tary commissions.
We are, therefore, not at a loss to know what
powers were possessed by the existing civil au
thority. The only question is upon the powers
conferred on the military authority. Whatever
power is not given to the military remains with
the civil government.
We see, first of all, that each of these States
" made subject to the military authority of tho
United States”—not to the military authority al
together, hut with this express limitation, “as
hereinafter prescribed."
We must, then, examine what is thereinafter
provided, to find the extent and nature of tlie
power granted.
This, thou, is whnt is granted to tlie military
commander: the power or duty "to protect all
I t ons in their rights of person and property,
to suppress insurrection, disorder aud violence,
and to punish, or cause to bo punished, all dis
turbers of the public peace and criminals,” and
he limy do this by the agency of the criminal
courts ol the State, or, if necessary, he may
have resort to military tribunals.
This comprises all tlie powers given to tlie
military commander.
Here is a general clause making it the duty of
Hie military commander to givo protection to ail
persons in their rights oi person and property.
Considered by itself, and without reference to
the context and to other provisions of the act,
it is liable, from its generality, to he misunder
stood.
What sort of protection is hero meant V What
violations of the Tights of persons or of property
are here intended ? In what manner is this pro
tection to lie given ? These questions arise at
once.
it appears tlmt some of tlie military command
ers have understood this grant of Itower os all,
comprehensive, conferring on them the power to
remove the executive and judicial officers of the
State, ami to apistirti oilier officers in their places,
to suspend the legislative power of the Slate, to
take under their control, by officers appointed by
themselves, the collection aud disburseuicut ol tlie
revenue* of the Stale, to prohibit the execution
the laws of the State tiy tlie agency of its ap-
polnled officers and agents, to change the exisl-
'hg lutvs in mailers affecting purely civil and
private rights, to suspend or eujoin tlie execution
'•I the judgments and decrees of tlie established
State courts, to interfere iu the ordluary adminis
tration of justice iu the Slate courts, by prescri
bing new qualifications for jurors, and.to change,
upon the ground of expediency, the existing re
in any office under sucli provisional governments
all persons shall bo entitled to vote, and none
others, who are entitled to vote under the pro
visions of the fifth section of this act; and no
person slmll bo eligible to any offleo under such
provisional governments who would be disquali
fied from holding office uuder tlie provisions of
this act."
Tilts provision not only recognizes all tho offi
cers of the provisional governments, but, in case
ol vacancies, very clearly points out how they
are to be filled ; and that happens to lie in the
usual way, by the people, and not by any other
agency or auy other power, either State or Fede
ral, civil or military.
I find it impossible under the provisions of this
act to comprehend such an official as a Governor
of one of these States appointed to office by one
of these military commanders. Certainly he is
not the Governor recognized by the laws of tho
State, elected bv the people of the State, and
clothed as such with the chief executive power.
Nor is he appointed ns a military Governor for a
State which has no lawful Governor—under the
pressure of an existing necessity—to exercise
powers at large. The retention, no doubt, was
to appoint him to fill a vacancy occasioned by a
military order, and to put him in tlie place of the
removed Governor, to execute the functions of
the office as provided by law. The law takes
no cognizance of such an official, and lie is
clothed with no authority or color of authority.
W hat is true as to the Governor is equally true
as to ail the other legislative, executive, and judi
cial officers of the Suite. If the military com
mander can oust oue from his office, he can oust
them all. If lie can fill one vacancy he can fill
all vacancies, and thus usurp all civil jurisdic
tion into his own hands, or tlio hands of those
who hold their appointments from him, and sub
ject to his power of removal, and thus frustrate
the very right secured to the people by this act.
Certainly this act is rigorous cnougli in the power
which it gives. With all its severity, tlie right
of electing their own officers is still lett with tlie
people, and it must be preserved.
I must not he understood as fixing limits to
tlie power of the military commander in case oi
an actual insurrection or riot It may happen
that an insurrection iu one of these States may
be so general and formidable as to require the
temporary suspension of all civil government,
ami tlio establishment of martial law in its place.
And the samo thing may be true as to local dis-
etc: ’ ■' ' ”
order or riot iu reference to tho civil govern
ment ol tlie city or place where it breaks out. —
Whatever power is necessary to moet such emer
gencies, the military commander may properly
exercise. I confine myself to the proper author
ity of the militay commander where peace and
order prevail. When peace and order do prevail,
it is not allowable to displace tho civil officers
aud appoint others in their places under any
idea that tlie military commander can better per
form his duties and carry out the .general pur
poses of tho act by the agency of civil officers oi
Ids own choice rather tiian by tho lawful incum
bents. The act gives lilm no right to resort to
such agency, but does give dm the right to have
"a sufficient military force' to enable him to
perform hid duties and enforce ins authority with
in tlie district to which he is assigned.
In the mippresniou of insurrection and riot the
military commander is wholly independent ol
tho civil authority. So, too, in llio trial and
punishment of criminals and offenders lie may
supersede tlie civil jurisdiction. His power is to
he exercised in H'ese special emergencies, and
the means are put into his hands by whichit is
to be exercised, that is to say, a sufficient mili-
rarv force to enable bucU officer to perform his
dffiWnd enforce his authority," and military
tribunals of his own appointment to try and
punish offenders. These are strictly military
powers, to be executed by military authority,
not by the civil authority, or by tho civil officers
appointed by him to perform ordinary civil
dttlies.
If these emergencies do not happen, if civil
order is preserved, and criminals are duly prose
cuted by tho regular criminal courts, tho military
power, though present, must remain passive. Its
proper function is to preserve tlie peace, to act
promptly when the peace is broken, and restore
order. When that is done, and the civil author
ity may again salcly resume its functions, the
military power becomes again passive, but on
guard aud walchlul.
This, In my judgment, is tlio wholo scope of
tlio military power conferred by this act, and in
arriving at this construction of tlie act I have
not found it necessary to resort to tho strict con
struction which is allowable.
Wlmt dub been said indicates my opinion as
to any supposed power of the military com
mander to change or modify tlie laws in torce.—
Tlie military commander is made a conservator
of the peace, net a legislator. His duties are
military duties, executive duties, not legislative
duties. He has no authority to enact or declare
a new code of laws for the people within his
district, under any idea that he can make a bet
ter code titan tlie people have made for them
selves. The public policy is not committed to
his discretion. The Congress which passed this
act undertook, in certain grave particulars, to
change these laws, and these changes being
made, tlie Congress saw no further necessity of
change, but were content to leave all the other
laws in full force, blit subject to this emphatic
declaration, tlmt us to these laws, and such fu
ture changes as might he expedient, the question
oi expediency and tlie power to alter, amend,
or abolish, was reserved for “tlie paramount au
thority of the United States at any time to abol
ish, modify, control, or supersede the same."—
Where, then, does a military commander find
hot authority "to abolish, modify, control, or su
persede” any ono of these laws ?
The enumeration of tlie extraordinary powers
exercised by the military commaudcrs in some
of the districts would extend this opinion to an
unreasonable length. A few instances must suf
fice.
In one of these districts a Governor of a Stntc
has been deposed under a threat of military
force, and nnollier person called a Governor has
been appointed by tlio military commander to
fill his place; thus presenting the strange spec
tacle of an official entrusted with tlie chief
liower to execute the laws oi tlie State whose
authority is not recognized by tlie laws lie is
called upon to execute.
In the same district tho judge of one of tlie
criminal courts ol tlio State has been summarily
dealt with. The act of Congress does give au
thority to the military commander, in cases of
necessity, to transfer the jurisdiction of a crimi
nal court to a military tribunal. That being the
specific authority over the criminal courts given
by the act, no other authority over them can be
lawfully exercised by the military commander.
But iu this instance tho judgo lias, by military
order, been ejected from his office, and a pri
vate citizen lias been appointed judgo in his
place, by military authority, aud is now in tlie
exercise of criminal jurisdiction “over all crimes,
misdemeanors, and offenses” committed within
the territorial jurisdiction of the court. This
military appointee is certainly not authorized to
try any one for any offense as a member of a mili
tary tribunal, and lie lias just as little authority
to try and punish any offender as a judge of a
criminal court of the State.
It happens that this private citizen, thus placed
on tlie bench, is to sit ns the sole judge in a
criminal court whoso jurisdiction extends to
cases involving the life ol' tlie accused. If he lias
auy judicial power in any cose, lie has tlie same
[lower to taku cognizance of capital coses, anil
to seutenco tlie accused to death, aud order ids
execution. A strange spectacle! where the judge
and tlie criminal may very well "changeplaces
l'or if the criminal has unlawfully taken file, so
loo does tlie judge. This is the inevitable result,
for tlie only tribunal, tlie only judges, if they can
ho culled judges, which a military commander
can constitute nnd appoint under this act, to in
flict tho death penally, is a military court com
posed ol a board, aud called in the act a “inili-
xy commission.”
I see no relief for the condemned against the
sentence of this agent of the military comman
der. It is not the sort of court whoso sentenco
of deatli must be first approved by the comman
der, and finally by llio President; for that is al
lowed only where the senteuce is pronounced
by a “ military commission;” nor is it a sentence
pronounced by tlie rightful court of tho Stntc,
but by a court aud by a judge not clothed with
authority under tlie laws ol the State, but con
stituted by tlie military authority. As the repre
sentative of this military authority, this act for
bids interference "under color of State authority"
with tlie exercise of his functions.
In another one of these districts a military or
der commands tlie Governor of the State to
forbid the re-assembling of the Legislature, and
thus suspends the proper legislative power ot the
State. In the samo district an order has been
issued “ to relieve the Treasurer of the State
from the duties, bonds, hooks, papers, <fcc., ap
pertaining to his office," and to put an “assistant
quartermaster of the United States volunteers”
in place of the removed Treasurer, the duties of
which quartermaster-treasurer are thus summed
up: He is to make to the headquarters of tlie
district “ tlie same reports aud returns required
from tlie Treasurer, aud a monthly statement of
receipts and expenditures; he will pay ail war
rants for salaries which may be, or become, due,
and legitimate expenditures for the support of
tlie penitentiary, State asylum, and the support
of the provisiomil State government; but no
scrip or warrants for outstanding debts of other
kind than those specified will be paid without
special authority from these headquarters. Ho
will deposit the funds in tlie same manner as
though they were those of the United States.”
Iu another of these districts a body of milita
ry edicts, issued iu general and special orders
regularly numbered, and iu occasional circulars,
liave been promulgated, whicli already begin to
assume the dimensions of a code. These mili
tary orders modify the existing law in tlie reme
dies for the collection of debts, the enforcement
of judgments and decrees lor the payment of
money, staying proceedings instituted, prohibit
ing, iu certain eases, tlie right to bring suit, en
joining proceedings on execution for the term of
twelve months, giving new liens in certain cases,
establishing homestead exemptions, declaring
wlmt shall be a legal tender, abolishing in certain
cases the remedy by foreign attachment, abolish
ing bail " as heretofore authorized ” in cases ex
contractu, but not in “ other cases kuown as ac
tions ex delicto," and changing in several particu
lars, the existing laws as to tlio punishment of
crimes, and directing that the crimes referred to
“ shall be punished by imprisonment at hard la
bor for a term not exceeding ten years nor less
than two years, in the discretion ot tlie court
having jurisdiction thereof." One of these gen
eral orders, being number ten of the series, con
tains not less than seventeen sections embody
ing the various changes and modifications which
lmvc boon recited.
The question at once arises iu the mind of
every lawyer, what power or discretion belongs
to tlie court having jurisdiction oi any of tlieao
offenses, to sentence a criminal to any other or
different punishment Hum that provided by tlio
law which vesta him witli jurisdiction. The
concluding paragrapleof this order, No. 10, is in
these words: “ Any law or ordinance heretolo c
in force iu Nortli Carolina or South Carolina, in
consistent with llio provisions of this general or
der, are hereby suspended and declared inope
rative." Tlius announcing, not only a power to
suspend the laws, but to dei
cclaro them generally
inoperative, anil ’assuming full powers of legis
lation by tlie military authority.
Tlio ground upon which these extraordinary
powers arc based is thus set forth iu military or
ders No. 1, issuod in this district: “The civil
government now existing in North Carolina and
South Carolina is provisional only, and in all re
spects subject to the paramount authority of the
United States at any time to abolish, modify,
control, or supersede tlie same.” Tlius far tlie
provisions oi tlie act of Congress are well re
cited. What follows is in these words: " Local
laws and municipal regulations not inconsistent
with the Constitution and laws oi the United
States, or tlie proclamations of tlio President, or
with such regulations as arc or may be prescri
bed in the orders of Hie commanding general, are
hereby declared to be in force, and in conformi
ty therewith civil officers are hereby authorized
to continue the exercise of their proper functions,
and will bo respected anil obeyed by tlie inhabi
tants.” , .
This construction of his power under tlio act
of Congress places tlio military commander on
tho same footing as the Congress of tho United
State*. It assumes that" tlie paramount authori
ty ol the United States at any time to abolish,
modify, control, or supersede," is vested In him
a* fully as it is reserve! to Congress. Ho deems
himself a representative oi tlie paramount au
thority. lie puts himself upon nn equality with
the law-making power of tho Union, the only
paramount authority in our government, so Inf,
at least, as tlie enactment of laws is concerned.
Ho places himself on higher ground than the
President, who is simply an executive officer.
He assumes, directly or indirectly, all tlie au
thority of the State—legislative, executive and
judicial—and.in effect declares “ I am the Stale.”
I regret that I find it necessary to Bpeak so
plainly of this assumption oi authority. I repeat
wlmt I have heretofore said, that I do not doubt
Ihat all these orders havo boen issued under an
honest belief that they were necessary or expe
dient, and fully warranted by tlie act of Con
gress. There may bo evils and mischiefs iu the
laws whicli these people have made for them
selves through their own legislative bodies which
require cliango; but none of these can be so in
tolerable ns the evils and mischiefs which must
ensue from thesortof remedy applied. One can
plainly see what will he tho inevitable confusion
nnd disorder which such disturbances of tlie
whole civil policy of tlie State must produce.—
If these military edicts are allowed to remain
even during the brief lime in which this provi
sional military government may he in power, the
seeds will bo sown for such a future harvest of
litigation as lias never been inflicted upon any
other people.
There is, in my opinion, an executive duty to
be performed here, whicli cannot safely he avoid
ed or delayed. For, notwitslanding the para
mount authority assumed by these commanders,
they are not, even as to their proper executive
duties, in any sense, clothed with a paramount
nuthority. They are, at Inst, subordinate execu
tive officers. They are responsible lo tlio Presi
dent for the proper execution of their duties, and
upon him rests tlie final responsibility. They
are Ills selected agents. Jlis duty is not all per
formed by selecting stiflli agonts ns lie deems
competent; hut the doty remains with him to
see to it tlmt they execute their duties faithfully
and according to law.
It is true tlmt this act of Congress only relcrs
to the President in tlie matter of selecting nnd
appointing tliesc commanders, and in tlie matter
of tlicir powers and duties under tlio law, the
act speaks in terms directly to them; but this
does not relieve them from tlicir responsibility
to the President, nor does it relieve him from tlie
constitutional obligation imposed upon him to
see tlmt ail “the laws lie faithfully executed.”
It can scarcely be necessary to cite authority
for so plain a proposition ns this. Nevertheless,
ns we have n recent decision completely in point,
1 may as well refer to it.
Upon tlie motion made by tlio State oi Missis
sippi before the Supreme Court ol the United
States at its late term, for leave to file a hill
against tlio President of tlie United States, to en
join him against executing the very acts of Con
gress now under consideration, tho opinion of
tlie court up 3ii dismissing that motion, and it
seems to lmve been unanimous, was delivered by
the Chief Justice. I make the following quota
tion from tlio opinion: “Very different is tlie
duty of the President in tliocxcrciso ot the power
to see that tlie laws are faithfully executed, and
among those laws tlie acts named iu tlie bill. By
the first of these acts lie is required to assign
generals to command in the several military dis
tricts, and to detail sufficient military force to ena
ble such officers to discharge their duties under
tlie law. By tlio supplementary act, other duties
are imposed on the several commanding gener
als, und tlicir duties must necessarily be perform
ed under tlie supervision of tlio President as
Commnndcr-in-Cliicf. Tho duty tlius imposed
on the President is in no just sense ministerial.
It is purely executive and political.”
Certain questions have been propounded from
one of these military districts touching tlio con
struction of the power of the military commander
to constitute military tribunals lor the trial of
offenders, which 1 will next consider.
Whilst tlie act docs not in terms displace tlie
regular criminal courts of tlio State, it does give
tlio power to the military commander, when in
his judgment a necessity arises; to take tlio ad
ministration of tho criminal law into Ids own
liands, and to try and punish offenders by means
of military commissions.
In giving construction to this power, we must
not lorgct the recent and authoritative exposi
tion given by tlie Supremo Court of the United
States as to tlie power of Congress to provide for
military tribunals for tlie trial oi citizens iu time
of peace, nnd to the emphatic declaration us to
which there was no dissent or difference ol opin
ion among tlio judges, Hint such a power is not
warranted by the Constitution. A single ex
tract from tlie opinion of the minority ns deliv
ered by tlie Chief Justice, will suffice: "We by
no means assert that Congress can establish and
apply tlie laws of war where uo war has been
declared or exists. Where peace exists the laws
of peace must prevail.. What we do maintain is,
that when tlie nation is involved in war, and
some [lorlious of the country are invaded, and
all are exposed to invasion, it is within llio power
of Congress to determine in what Stales or dis
tricts such great and eminent public danger ex
ists ns justifies tlie authorization of military tri
bunals tor the trial of crimes and offenses against
the discipline or security of the army, or against
tlio public safety.”
Limiting myself here simply to the construc
tion of this net ol Congress, and to the ques
tion in wlmt way it should be executed, I have
no hesitation iu saying tlmt nothing short of an
absolute or controlling necessity would give any
color ol authority for arraigning a citizen before
a military commission. A person charged ii itli
crime in any of these military districts has rights
to be protected—riylita Hie most sacred and in
violable, and among these the right of trinl by
jury according to laws of the land. When a
citizen is arraigned before a military commission
on a criminal charge, he is no longer under the
prelection of law, nor surrounded with those
sale-guards which are provided in tlie Constitu
tion.
Tnis act, passed in a time of peace, when all
the courts, State and Federal, are in the undis
turbed exorcise of their jurisdiction, authorizes,
at the discretion of a military officer, the sei
zure, trial, and condemnation of tlie citizen.—
Tlie accused may lie sentenced to deatli, and tlie
sentence may he executed, without an indict
ment, without counsel, without a jury, and with
out a judge. A.sent! me which forfeits nil the
property ol the accused requires no approval.—
If it aflects the liberty of tlie accused, it requires
tlie upprovahof the commanding general; and
if it affects liis file, it requires tlie approval of
the general and of tlie President. Military and
executive nuthority rule throughout in the trial,
the sent* nee, and Hie execution. No habeas
corpus Iroin any State court can lie invoked; for
this law declares that “all interference, undir
color of State authority, with the exercise ol
military authority under this act shall be null
nnd void.”
1 repeat it, that nothing short of an absoli to
necessity cun give any color oi authority to a
military commander to cull into exercise such a
power. It is a power the exercise of which may
involve him and every one concerned in tlie
gravest responsibilities. Tho occasion lor its ex
ercise should be reported at once to tlie Execu
tive for such instructions us may be deemed ne
cessary and proper.
Questions have arisen whether, under this
power, these military commissioners can take
cognizance ol ofleuscs committed before tlie pas
sage of tlie act, and whether they can try and
punish for acts not made crimes or offenses by
Federal or State law.
1 am clearly of opinion that they lmve no ju
risdiction as to either. They can take cogni
zance of no offense that has not happened after
the law took effect. Inasmuch as the tribunal
to punish, and tlie measure or decree of punish
ment, are established by tliis act, wc must con
strue it to be prospective and not retroactive.—
Otherwise it would take the character of an ex
Mil facto law. Tliercloro, in tlie absence ol any
language which gives tho act a retrospect, I do
not hesitate to say it cannot apply to past offenses.
There is no legislative power given under this
military bill to establish a new criminal code.
The authority given is to try aud punish crimi
nals and offenders, and this proceeds upon tlie
idea that crimes and offenses havo been commit
ted; but no person can be called a criminal or
an offender for doing an act whicli, when done,
was not prohibited by law.
But as to the measure of punishment, I regret to
he obliged to say that itis lefr altogether to the
military authorities, with only this limitation, that
the punishment to be inflicted slmll not he cruel or
unusual. The military commission may try the
accused, fix tlie measure of punishment, even to
the penalty of death, and direct tlie execution of
tho sentence. It is only when the sentence af
fects the “ life or liberty" of the persou that it
need be approved by the commanding general,
aud only in cases where it aflects the life of the
accused that it needs also the approval ot the
President
take, no cognizance of them, nor in any way in
terfere with the regular administration ot justice
by tlie appropriate Federal courts.
In tlie opinion heretofore given upon other
questions arising under these laws, I gave at
large for your consideration the grounds upon
which my conclusions were arrived at, Intending
thereafter to slate these conclusions in a concise
and clear summary. I now proceed to execute
tlmt purpose, which is made especially necessary
from tlie confhsion and doubts which have arisen
upon tlmt opinion in tlio pubiie mind, caused iu
part by tlie errors of tlie telegraph and the press
in its publication, and in part by the inaptitude
ot the general reader to follow carefully tlio suc
cessive and dependent steps ol a protracted legal
opinion.
SUMMARY.
WHO ARE ENTITLED TO REGISTRATION.
1. Tim oath prescribed in the supplemental
act defines all tlie qualifications required, and
every person who can take that oatli is entitled
to lmve his name entered upon the list of voters.
2. The board of registration havo no authority
to administer any other oath to the person ap
plying for registration than this prescribed oath;
nor to administer any oath to auy other person,
touching the qualifications of tlie applicant, or
the falsity of tlie oath so taken by him. The act
to guard against falsity in the oath, provides tlmt
if lalse, tho person tuking it shall be tried and
punished for perjury.
No provision is made lor challenging the qual
ifications of the applicant, or entering upon any
trial or investigation ot his qualifications, cither
by witnesses or any other form of proof.
J. As to citizenship and residence.
The applicant for registration must be a citi
zen of the State and of the United States, and
must bo a resident of a county included in the
election district. lie may bo registered if lie
has been such citizen for a period less than
twelve months at the time lie applies for registra
tion, hut he cannot vote at any election unless
his citizenship 1ms then extended to tlie full term
of one year. As to such a person, tlie oxact
length of ids citizenship should be noted oppo
site liis name on the list, so tlmt it may appear
on tlio day of election, upon reference to the fist,
whether the full term has then been accom
plished. -
4. An unnaturalized person cannot take this
oath, but an alien who 1ms been naturalized can
take it, and no other proof of unturalizntion can
bo required from him.
5. No ono who is not twenty-one years of age
at the time of registration can take the oath, for
lie must swear tlmt lie 1ms then attained that age.
0. No ono who lms been disfranchised for par
ticipation in any rebellion against the United
States, or for felony committed against tlie laws
of any State or ot the United States, can salcly
take this oath.
Tlie actual participation in a rebellion or the
nctunl commission of a felony, dues not amount
to disfranchisement. The sort of disfranchise
ment hero meant is that which is declared by
law passed by competent authority, or which has
been fixed upon tlio criminal by tlie sentence of
the court which tried him for the crime.
No law of the United Slates lias declared tlie
penalty ot disfranchisement for participation in
rebellion alone. -Nor is it known that any such
law exists in cither of these ten States, except
perhaps Virginia, as to which State special in
structions will be given.
7. As to disfranchisement arising from having
held office, followed by participation in rebellion.
This is the most important part of the oath,
and requires strict attention to arrive at its mean
ing. I deem it proper to give the exact words.
Tlio applicant must swear or affirm as follows;:
“ That I lmve never been a member of auy
State Legislature, nor held any executive or ju
dicial office in any State, and alterwards engaged
in an insurrection or rebellion against tlioUuited
States, or given aid or comfort to tlie enemies
thereof; that I lmve never taken an oatli as a
member of Congress of the United States, or as
an officer of tlio United States, or as a member
of any Slate Legislature, or as an executive or
judicial officer ol any State, to support tlie Con
stitution ol the United States, and afterwards en
gaged in insurrection or rebellion against tlie
United States, or given aid or comiort to the
enemies thereof.”
Two elements must concur in order to dis
qualify a person under these clauses: First, The
office aud official oath to support the Constitutiou
ot tlie United States. Second, Engaging after-
wards in rebellion. Both must exist to work
disqualification, and must happen in tlie order ot
lime mentioned.
A person wiio lms held nn office and taken tlie
oatli to support the Federal Consitution,andhas
not afterwards cugaged in rebellion, is not dis
qualified. So, too, a person who lms engaged in
rebellion, but lms not theretofore held an office
and taken tlmt oatli, is not disqualified,
8. Officers of the Uniteal States.
As lo tliesc tlie language is without limitation.
The person who has at any time prior to tlie re
bellion held any office, civil or military, under
the United States, and lms taken an ofliciul oatli
to support tlio Constitution of the United Slates,
is subject to disqualification.
9. Military officers ol any State, prior to tlio re
bellion, are not subject to disqualification.
10. Munineipal officers, that is to say, officers
if incorporated cities, towns, and villages, such
as mayors, aldermen, town council, police, aud
other city or town officers, are not subject to dis
qualification.
11. Persons who have, prior to tlio rebellion,
been members of the Congress of the United
States, or members of a State Legislature, are
subject to disqualification ; but those who lmve
been members of conventions training or arnend-
, the Constitution ol a State, prior to the re
bellion, are not sub'cct to disqualification.
12. All the executive or judicial officers of any
State, who took an oath to support tlie Constitu
tion of tlie United States, are subject to disquali
fication, and in these 1 include comity officers,
as to whom 1 made a reservation in tlie opinion
heretofore given. After full consideration, I
have arrived at tlie conclusion that they arc sub
ject to disqualification if they were required to
take as a pnrt of their official oath, the oath to
supjtort the Constitution of the United States.
lit. Persons who exercised mere agencies or
employments under State authority are not dis
qualified ; such us commissioners lo lay out
roads, commissioners of public works, visitors of
State institutions, directors of State batiks or
itlier State institutions, examiners of hanks, no
taries public, commissioners to lake ncknowl-
Ignieiits of deeds, and lawyers.
ENUAOINIl IN REBELLION.
Having specified wlmt offices held by any one
prior to Hie rebellion come within the meaning
ol tlie law, it is necessary next to set forth wlmt
subsequent conduct fixes upon such person tlie
offense of engaging in rebellion. I repeat, that
two tilings must exist ns to any person to dis
qualify him from voting: first, tlie office held
prior to the rebellion, and, afterwards, participa
tion in the rebellion.
14. An net to fix upon a person tlie offense of
ongnglng iu rebellion under this law must he nn
overt and voluntary act, done with tlie intent of
aiding or furthering the common unlawful pur
pose. A person forced into Hie rebel service by
conscription, or under a paramount authority
which lie could not safely disobey, and who
would not have entered such service if left to tlie
free exercise of liis own will, cannot be held to
be disqualified from voting.
15. Mere acts of charity, where tlie intent is
to relieve tlie wants ot tlie object of such charity,
and not done in aid of the cause in which lie
may lmve been engaged, do not disqualify; hut
organized contributions of food and clothing for
the general relief of persons engaged iu the re
bellion, and not of a merely sanitary character,
but contributed to enable them to perform their
unlawful object, may be classed with acts which
do disqualify.
Forced contributions to the rebel cause, in tlie
form of taxes or military assessments, whicli a
person may be compelled to pay or contribute,
do not disqualify; but voluntary contributions
to the rebel cause, even such indirect contribu
tions as arise from the voluntary loan of
money to rebel authorities, or purchase of bonds
or securities created to afford tlie means of car
rying on the rebellion, will work disqualification
16. All those who, in legislative or other offi
cial capacity, were engaged in the furtherance ol
the common unlawful purpose, where tlie duties
ot the office necessarily hud relation to Hie sup
port of the robelliou, such as members of tlie
rebel conventions, Congresses, and Legislature*,
diplomatic agents of the rebel Confederacy, aud
other officials whoso offices were created tor tlie
purpose of more effectually carrying on hostili
ties, or whose duties appertained to tho support
of the rebel cause, must bo held to be disquali
fied.
But officers who, during tlio rebellion, dis
charged official duties not incident to war, but
only sucli duties as belong even to a state oi
peace, and were necessary to the preservation of
as disqualified. Disloyal sentiments, opinions,
or sympathies, would not disqualify, hut where
a person lms by speech or by writing incited
olliers to eugnge in rebellion lie must come under
the disqualification.
17. Th6 duties of the board appointed to super
intend the elections.
This hoard, having the custody of the list of
registered voters in the district tor whicli it is
constituted, must see tlmt tlie nnme of tlio per
son offering to vole is found upon tlieregisfralion
list, and if such proves to be the fact, it is the
duty ot tlio hoard to receive tlie vote. T ley
cannot receive tlie vote of nuy persou whose
name is not upon the list, though he may be
ready to take tlie registration oath, and although
lie may satisfy them that he was unable to lmve
liis name registered at tlie proper time, in conse
quence of absence, sickness, or other cause.
Tlio board cannot enter into any Inquiry as to
the qualifications of any person whose name is
not on the list, or as to the qualifications of any
person whose name is on tlie list.
18. The mode of voting is provided in tlie act
to be by ballot. The hoard will keep a record nnd
poll-book of the election, showing the voles, list
of voters, and tlie persons elected by a plurality
of the votes cast at the election, and make re
turns of these to tlie commanding general of tlie
district. ,
19. The board appointed for registration and
for superintending the elections, must take tlie
oatli prescribed by tlie act of Congress, approved
July 2, 1862, entitled “ an act to prescibe an
oath of office." 1 lmve tlie honor to be, witli
great respect, Henry Stanberry,
Attorney General.
Atlanta. Advertisements.
Dr. II. Sent.,, President. Andrew Diinn, Secretary
It. P. Glenn, Treasurer.
GEORGIA.
LOOM AND MANUFACTURING CD’Y.
MANUFACTURERS ANI) PLANTERS,
LOOK TO YOUR INTERESTS!
Oilloo, Kell-J olinson liutldlnpf>
NEXT DOOR TO POST OFFICE,
ATLANTA, GEORGIA.
AND SEE IN OPERATION
Mendenhall’8 Improved Self-Acting
HAND AND POWER LOOM
EASIKll UNDERSTOOD,
EASTER TO OI'ERA TE,
AMD MORE RELIABLEt
POSSESSES SUPERIOR ADVANTAGES
Over all other Halid Loonn>
AND IS MORE SIMPLE AND DURABLE 1
Planters can be Independent!
By Weaving all their Goods for Home Wear on'tlio
MENDENHALL IMPROVED HAND LOOM ! !
From 15 to 30 Yards per Day
Can l>o Woven on this L,oom !
IT WEAVES AS PAST AS ANY FACTORY LOOM I
Half tho Coat of the Clothing of a Faintly can be Saved
by JhoI
From $5 to $10 a Day can be Made on it!
ITS PARTS AIiU SELF-CHANGING !
By tlio Turning or an Easy Crank, It lets tlie Warp off,
winds up the Cloth, I reads the Treadles, nnd throws the
shuttle. „
IT WEAVES
Jcane, Satinets, I,insoys, Blanket Twill, Double-Plain
Cloth, various kinds of Ribbed Goods, Fancy Twills of
all kinds, Flax, Cotton, Tow or All-Wool Cloth, Bagging,
Toweling, Table Linen, Balmoral Skirts, Woolen, Linen
and Hemp Carpets. In fad, anything, from a handsome
Silk to a Rag Carpet.
It Ih small, neat, ami light—not nrgor than a common
breakfast table.
It Is made in tbo most workmanlike manner, of good
material, and handsomely varnished.
It Is very simple and easily understood—everything is
performed by turning a crank.
Looms and County Rights for Sale.
taepor farther particulars, hill of prices, descriptive
circulars, and samples of weaving, address
RUSH PRATT,
Agent Georgia Loom and Manufacturing Co.,
marll- ly Atlanta, Georgia.
Wliit.eliall Street,
(OLD STAND,)
ATLANTA,
GEORGIA,
resident peace, and were necessary to the preservation of
As to crimes or offenses against the laws of order and the administration of law, are not to
tho United States, the military authority can I be considered s* thereby engaging in rebellion or
Subscription and Advertising Bates.
TERMS OF SUBSCRIPTION.
Daily, per month $1 00
Dally, twelve months....... 10 00
Weekly, s’x months - * •••*••• 2 00
weekly, ono year 3 00
Single copies at the counter.......... 1C
Single copies to'Nows Boys and Agonta...•*..*.««-• 6
BATED OF ADYEBTWDffO.
For each sqare of 10 lines or lew, for the first insertion
$1, and for each inbaoqnentiUBertlon 150 cent*.
•aqjuoux r
8'8 88888 8 8$
883SSSS8S8
¥*
aq^uom 6
888888 8 88$
538883388 88
«e
•qiuotu \
88888888 8~1
.8S83S88SSSe
w
i -ioraiUt
8 8 8 8 8 8 : ‘ :
“ a S 53 3 a : i i :
‘Bunin 0
8 8 8 8 8 8 : : : :
"'•S’Sa 1 • • ;
•ft ....
•GOUJjJ 9
$ 3 001
6 00'
9 00
12 00
15 00
18 00
•souin y
8 8 S 8 S S : : : :
c* » t- o ci o : : :
w • • •
'•own s
$ 200
4 00
600
800
10 00!
12 00
‘89 tun 5
8 8 8-8 8 8 : j | :
rt (O ■? tO t- O)
Ht
1 888S88oo'oc
•ouqu
•BGJBnbg
- , 8 c
s a .&
special Notices, uenta per line first insertion, and 10
cents per line for each subsequent insertion.
Advertisements inserted at intervals to be charged as
new each insertion.
Advertisements ordered to remain on any particular
page, to be charged as new each insertion.
The money for advertising considered doe after first
insertion.
All communications or letters on business intended lot
this office should be addressed to “The Atlanta Intelli
gencer.”
JARED IRWIN WHITAKER,
Proprietor.
RAILROAD GUIDE
Georgia Hallroad.
E. W. COLE, “Superintendent, 1 .
DAY PA.HHENOER TRAIN.
Leave Atlanta at 5.00 A. M
Arrive ut Augusta 5.45 P. AI
Leave Augusta at. 5.00 A. M
Arrive at Atlanta 0.00 P. M
(No trains run on Sunday.)
NIUHT PASSENGER TRAIN.
Leave Atlanta '. .. 7.15 P, M
Arrive at Augusta 0.10 A. M
Leave Augusta 6.00 P. M
Arrive at Atlauta 4.15 A. M
Atlanta A: Weat-Polut Kallroad.
L. P. QUANT, Superintendent.
DAY rA89ENGER TRAIN—OUTWARD.
Leave Atlanta ; 4.45 A. M
Arrive at West Point 0.47 A. M
DAY PAB9ENUEU TRAIN—INWARD.
Leave West Point 1.45 P. M
Arrive at Atlanta 0.45 P. M
Montgomery & West-Point Railroad.
DANIEL H. CRAM, Superintendent
. - *. t 7.25 A. M
Arrive at West-Point 1.20 P. M
Leave West-Point 10.10 A. M
Arrive nt Montgomery 4.10 P. M
Leave Opelika 11.66 A. M
Arrive at Columbus 1.55 i», m
Leave Columbus a. M
Arrive at Opelika 11.35 A. M
ITIacon & Wcntcru Railroad.
E. B. WALKER, Superintendent.
DAY PASSENGER TRAIN.
Lcavc Macon 7.8O A.
Arrive at Atlauta 1.57 P. M
Leave Atlanta a. N
Arrive at Macon 1.80 P. k
Leaves Atlanta 9.10 I\ M
Arrives iu Macon 4.25 a. M
Wcntcru dc Atlantic Railroad.
CAMPBELL WALLACE, Superintendent.
Arrive at Chattanooga
Leave Chattanooga
Arrive at Dalton
Arrive ut Atlanta
NIGUT EXPRESS rASSENGER TRAIN—DAILY.
Leave Atlanta 7,00 p,
4.10 A. M
4.30 P. M
7.50 P. M
1.41 A. M
DAY PASSENGER TRAIN
Dally, except Sundays.
Leave Atlanta 8.45 A. U
Leave Dalton 2 :ju P* M
Arrive at Chattanooga .*!.*.5.25 1*’ M
lacave Chattanooga 3 20 A M
Arrive at Atlanta ..12.05 P. M
DALTON ACCOMMODATION TRAIN.
Dally except Sundays.
Leave Atlanta 3 50P M
Arrive at Dalton .....likM 1‘! M
Leave Dalton i ss P m
Arrive at Atlanta ...\\\* 9.45 a’, m
Mall Stage Line from Atlanta to Dali-
loncga.
Leavo Atlanta Monday, Wednesday and Friday.. .0 A. M.
Arrive Tuesday, Thursday and Saturday 7 P. M.
Importers of, ami Dealers in Foreign and Domestic
hardware:,
CUTLERY, GUNS,
IRON, STEEL,
NAILS, IlOES, Ac.
MANUFACTURERS’ AGENTS FOR
Brown h U. 8. Standard Platform and Counter Scales, |
Old Dominion Nall Works Company,
Vulcan Iron Works’ Bar aud Plantation Iron,
Wheeler, Madden A Clemsons’ Circular, Mill, and
Cross-Cut 8aws,
Clifton Mill Company’s Carriage and Tire Bolts,
Brinley’s Celebrated Kentucky Plows,
Calhoun's Standard Kentucky Plows,
Collins’ Casteel Plows,
Gibson’s Patent Cultivator Plows,
Dupont’s Ride and Blasting Powder.
The attention of Dealers is respectfully called to our
large and well assorted stock of
HEAVY AND SHELF GOODS,
Which we offer at LOW PRICKS, for cash.
BUi9-&n McNAUOHT, ORMOND A CO.
UEMOYAL.
BELL & ORMOND
Have removed to
MARKHAM'S "EMPIRE BLOCK,"
Opposite lo Talley, Brown & Co.'e,
Whitehall Street, Atlanta, Georgia.
Our Stork is now very complete, comprising everything
usually kept in a first-class
FAMILY GROCERY.
A e are now prepared lo Fill Orders from our Country
Patrons, having a good liue of
SCO A US, COFFEE,
BACON, LABI),
OILS, dr., dr., dr.
Our facilities for buying, and our storage room have both
been recently Increased.
Goods Sont to Any Part of the City,
FREE OF CHARGE.
Thankful for pant, wc nollcit, anil will endeavor t
merit, future patronage.
mays—3m BELL A ORMOND.
WESTERN i ATLANTIC RAILROAD
O'
GOING NOUTII.
LEAVING ATLANTA,
8.15 A. IU. Daii.t (except Sranrn) Kxrnssa Pas-
fJS? a ™P.iT» r S. ve “} “‘' TON at 4.:i0, P. M..councct-
n« with 1C. J. ami Qa. It. K. trains lor Knoxville,
l.jncbburg, Washington, Baltimore, Philadelphia,
and New York. Arrive at Ciiattanoooa 5.85, P. M.,
connecting with train, of Nashville A Ctmtuuoopa
Ra lroad for Nashville, Louisville, and the West, aud
New Orleans D Jfcc * & < " harl V‘ 8ton «• B. for Memphis,
3.50 1*. JTI. Daily (except Sundays) Dalton Ac-
??5 M ^i DAT,ON r4 rr,vo ftt Marietta 5.45, CartersviUe
* il. Dolton at 12.25.
7.00 1 . Hi, Daily (Great Noutiiern Mail arrive at
Da ton at 1.15 A.M., connecting withB.T. A Qa.lt.R.
trains for Knoxville, Lynchbun', Washington, Baltl-
more, Philadelphia, and Naw Yomk, arrive atCu.T-
TiNoooil.lUx.M., connecting with train, of Naahvlllo
and Chattanooga Railroad for Naahvtllc, Louisville,
and the West, and train, of tho Memphia & Charles
ton ltailroad tor Memphia, Nxw Ounitana, &c.
COMING SOUTH.
AllHlVE AT ATLANTA.
1.41 M. Daily Giikat Sot’Tuxna Mitt.—Leaving
*’■ M " ““OMting with trams ol
Nashville A t battanooga and Meiup&a & Charleston
Itatlroada aud Ballon at 7.50 P. M.‘ connecting with
tram, of K. T. A Ua. Kailroada. *
9.15 A. SI. Damir (xxcxi-r 8turner,) Dalton Ac-
cunaeUATioN.—Leave Dalton atl.86 A M Klneetun
. 4 A?-£‘ r £ r ‘S U<! 515 A M«ietta 8 ''
I LOS P. 31. Damr (Kxcsft (Sukdats)Kxpreaa Pas
senger,.—Leave Chattanooga at S.80 A. U., maklug
cloae connection, with train, of Nashville A Chatta-
Daltoi? a^ ‘a * chw !« l0 “ Haliroada, and
DALTon at G.» A. M., connecting with Ualna of East
Tennessee A Georgia ltailroad.
PULLMAN'S PATENT SLEEPING CO ACMES
On all Night Trains
junta
JOHN B.PECK,
Master TraMportation.
GATE CITY POUNDBY.
W it. PHILLIPS will continue to Ut all orders foi
• Ceatinga of every description promptly. Bom,
of the best pattern, for llorse-Power Wheat Thrashers ii
the Bute, and Sugar Mills on hand at all times. Addresi
«» JAMES CRAIG,
Je5—lm Superintendent,
ft