Newspaper Page Text
J
~tti~ "i i in ii iiiiwiiii
Slates, bul is also in violation of the issued only in “renewal of bonds then
Constitution of this Stale.
Judgment reversed.
Fleming Sc Lester, for plaintiff in er
ror.
J. W. Tanner, W. B. Gaulden, for
defendant.
George T. Connell, plaintiff in error,
vs. Thomas Vaughn, defendant.—
Relief from Carroll
WARNER, J.
When a motion was made in the
Court below, to open a judgment ob
tained prior to the first day of June,
1S6-5, tor the purpose ot having the
same sealed as provided by the 2d sec
tion of the Relief Act or 1S63, upon the
ground that the defendant in the judg
ment had lent a large amount of prop
erty by the r» suits of the war, without! over three
any fault of the plaintiff, so lar as the
record shows, which motion was over
ruled bv the Court:
Held': That the defendant in the
judgment did not make out such a case
as entitled him to any equitable relief
under the provisions of the Act ol lS6b,
and that the judgment of the Court be
low should be affirmed. I concur in
affirming the judgment of the Court be
low in tins case, on the ground that the
2d section ot the Act of 136b, is uncon
stitutional and void, the same being in
conflict with the constitution of this
State, and of the United States.
Judgment affirmed. /
Austin Sc Reese, by L. J. Glenn, for
plaintiff in error.
B. Oliver, for defendant.
due and interest thereon,”and for fund
ing the Stale bonds falling due or ma
turing in 1S08, 1S69, 1870.” Two
hundred and sixty-five thousand and
live hundred of these seven per cent,
bonds he has sold, in violation of the
above special statute, setting them
apart for a specific purpose, thus de
slroying the ability oiYhe State to com
ply with the conditions of a circular he
instructed me tohave published ; caus
ing great and incessant murmurings by
bondholders in Europe and this coun
try. The appropriations of 186? were
only in for the last half of the year 1868.”
Still, for the public printing of this
year, he, in violation of law, drew ten
thousand dollars back on last year not
withstanding the House, by a vote of
to one, directed him to
John McK. Gunn, plaintiff in error, vs.
charge il as an advance on the print
ing fund this year. This he did, that
he might save his twenty-live thousand
dollars, public printing fund, to silence
the mouths of the press, or subsidise
them in his behalf. He flooded the
country with proclamations, offering as
high as five thousand dollars f ir the ap
prehension of a single fugitive, when
the customary reward, hetetofore, has
not exceeded two hundred dollars. At
the same time he pardons those in cus
tody (who have committed wilful mur
der) without a trial.
By a trick and fraud (no doubt
through his instructions,) on the last
day of the last General Assembly, as a
[Million of the appropriation Bill, was
passed what may be called an lndia-
lubber-blankel section, with no amount
specified, yet according to the Gover-
David H . Isaacs, defendant. Mo- ; nors interpretation and application, Mil
lion to set aside judgment Irom Ran - i/m/to/. This is independent of the
dolph. ! Contingent Fund of twenty thousand
WARNER, J. dollars tjpr the year, which, all but a
Where a motion was made to open ; doll irs, he exhausted in le ss than
a judgment in order to scale the same six months, mostly for “incidental ex-
under ibe 2d section of the Relief Act | penses Executive Department.” On
of 1S6S, and on the trial of said motion j (what he makes india-rubber-blanket
in the Court below, it appeared in evi- i section.) which, if strictly constructed,
deuce that the defendant in the judg | could amount to but a few thousand
„ ien l had lost a large amount of prop- dollars, he has drawn nearly one hun-
erty, which he owned at the time the dred thousand dollars, the greater por-
debt was contracted, tor which the j don in the way of patronage to buy in-
judgment was rendered by the results ; fluence, over fifteen thousand being to
of the war, without any fault of the I fee attorneys only as “retainers,”
plaintiff; and the jury returned a ver-! While he gets up sensation tele-
diet for twenty-five dollars, in favor of grains, and howls of outrages ernnmit-
the plaintiff when the principal and in- i ted on Union men and colored citizens,
teres' due ori the judgment, was one
hundred and eighteen dollars.
Held: That the defendant in the
judgment did not, by his evidence,
make out such a case, as entitled lum
to any equitable relief ut der the pro
visions of the Act of JS6S, and that the
judgment of the Court below should be
reversed. I concur in reversing the
judgment ol the Court below in this
case, on the ground that the 2d section
of the Relief Act of 1868, which author
ises the opening and sealing judgments
rendered prior to the passage of that
Act, is unconstitutional and void.
Judgment reversed.
he neglects to mention lha many rapes
committed by negroes on unoffending,
detenseless, innocent while girls anil
women. As you have seen in my re
ports, l was a Union man, opposed
strenuously and publicly by secession.
My office being headquarters of the
Union association here, left the South
with my family ; in 1863; lived near
Boston until the close of the war; re
turned South in 186-5 ; supported the
.Congressional measures of reconstruc
tion ; voted for, and publicly suppor
ted General Grant for President, and
Bullock for Governor; have always
been classed a “Radical” by the Dem
ocrats ; have been in nearly every
Southern Stale since the war; with
holding my political opinions on no oc
casion; known to lie a Northern man
by birth and residence, till I wa3 24
BROWN, C. J., concurring.
I concur in the judgment of reversal,
on the ground that the jury were not
authorized to reduce the amount of the
judoment o.i account of the loss of prop-1 y^rs old yet I have never been treat
ed by the defendant, as it was noi|ed with the least seventy, and almost
shown by him that the loss was caused uniformly with kindness. Public sen-
oful act of the plaintiff, m*»ent will sol itself against, and cor-
ROTES ON TUB SITUATION.
BV B H HILL.
by the \vron w
which was necessary to raise such equi
ty between the parties, as the Court
and jury had a right to administer.
Hood & Kiddoo, for plaintiffin error.
Fielder & Jones, for defendant in
reel what few political outrages there
have been (though I have seen none)
u uch sooner under full reconstruction
than military rule under the direction
of Bullock, who shows his great incon
sistency and insincerity by crying out-
.. | rages while he has exercised the par-
Ansicr vs. Bullock. doning power until courts and jurors
Treasurer Angier's Answer to one of the I have but little to encourage them in
Members of the Reconstruction Committee i the prosecution of crime.
in Congress—A Succinct Statement of Instead of striving to allay bitter
CovetnouBullock's Misdeeds. animosities and promote peace and
Atlanta, Ga., Dec. 14, IS69. prosperity as the Chief Executive of a
Dear Sir: In answer to yours of the j great State, il has been, and is stiil his
9lh insl., I wrote in a very great hurry
yesterday, neglecting to mention many
friths that should have a bearing with
your Committee and Congress in de
termining this vexed question of Geor
gia Reconstruction, and the status of
Governor Bullock in connection with
it. To show his connection with, and
interest in the “Kimball Opera House
Building,” a portion ol which is tempo
rarily used as a Estate House, I will
slate, that Governor Bullock labored to
secure tnv influence in favor of paying
“What shall we do now f” is a ques
tion every hour repealed. Perhaps
the wisest answer that could be given
to this question is this: Do nothing;
say nothing. All I shall add, is only
added to make the wisdom of this an
swer apparent.
Of the legislation now being hurried
through Congress concerning Georgia
two remarks may be predicated:
First., This legislation intends both
injury and insult to our people.
Second. So great is the injury, and
so inexcusable the insult intended, that
the men in the Congress who propose
them anticipate violent resistance by
our people, and therelore have author
ized the President, on the requisition
of Bullocli, to employ the army and
navy of the United Slates to enforce
the legislation.
What a commentary is this on free
government ! What a work for the
army and navy of the United States in
a lime of peace !
This is not the Union of our fathers.
This is, emphatically, a Reconstructed
Union. Alas, for such a Union! gThe
ingenuity of man, in its most devilish
exercise, could not provide more cer
tain schemes to promote hale and to
produce wars and successions of wars
in the far( ? ) future than these meas
ures of Congress, which, under pre
tence of reconstructing the Southern
States are really destroying all the
States, and the liberties of all the peo
ple of all the States.
But this legislation now being enact
ed by Congress suggests some valua
ble lessons which, well learned by our
people, will go far to compensate tor
the evils proposed.
1. When the Reconstruction meas
ures were first proposed in 18b7, there
were some good men among us who
thought it would be belter for our peo
ple to participate in the work of recon
structing the State government, with a i
view to mitigating or defeating its i
evils. To these I humbly, but most
earnestly replied, that we could not
succeed by participation in defeating
the work of reconstruction, because
that work would be entrusted to men
who, under military protection and by
frauds and false counting of votes,
would, in any event, declare the meas
ures successful, while, by participa
tion, we shonld be hypocriticel in
seeming to help a purpose we despis
ed ; would relieve the iniquity of much
of its odium by giving it our seeming
assent, and would thus be parlies to
our own degradation and bound by
the results. Or, if by any means,
we should succeed in mitigating the
evils, Congress would either not accept
the work, or, after accepting, would,
under pretence of fraud and deception
on our part, recall their acceptance
and order the work ol Reconstruction
to be done over again. In the light of
subsequent events, and, especially in
view of the present legislation, will any
man longer doubt the wisdom,
propriety and decency of ncm-part ici-
pation in this work of self-destruction
and self-degradation ? The only re
sult to us of participation is to lose our
own respectability by imparting it to
the scheme for our ruin.
' 2. The itching for office which too
many have manifested during this rule
of infamy has been a source of no little
mortification to many of our people.
We have been constantly assured of
great horrors if we did not have Rep-
resentives in Congress! For myself, 1
am free Vo confess, I have always
effort to stir up hatred and strife, that
he may get a firmer hold on Georgia
by which to exercise his usurpation and
tyranny on ail who will not become his
personal adherents and accomplices in
mischief and self-interest, which is the
principle cause of the unsettled state ot
public affairs in Georgia. Democrats,
with him, are as good for his selfish
purposes a3 Republicans, and he has
found not a few to yield to his patron
age. H ad il been the good fortune of
Georgia to have a wise, honest and just
Executive, the general Government
said Kimball twenty-five thousand dol
lars yearly for only a portion of the ! would not at this date be troubled with
least valuable part of a building that reconstruction in Georgia, or have cause
could not have cost Kimball over $100,-
000 ; reserving to himself all the first
story fronton main street of six rooms,
most of the entire basement story, and
a laige number oi rooms in the upper j stanliul men, including those who have
two stories, His object now is to or- uniformly been Union men, and favor
to complain of disloyalty in her bor
ders: And you should not mistake
contempt for Bullock for dislike to the
Federal Government. Our best sub-
ganize the General Assembly that they
will purchase this building for a Slate
House, at about one-half a million of
dollars. In violation of law, and the
action ol the General Assembly, he
drew on the Fourth National Bank,
New York, lor thirty-five thousand dol
lars, and stated to "me that thirty-one
thousand of the above amount was paid
to said Kimball on account ol said Op
era Building and fixtures, and that the
other four thousand he used himself,•
which amount liejias never accounted
for to the Stale or the Treasury. Af
ter two committees ot the General As
sembly, (one manipulated in bis own
the Congressional plan of reconstruc
tion, who feel that Georgia is their
home, and who love good society, law
and order, feel that this is a critical
time for their loved Georgia.
The Democratic papers in the inter
est of Bullock, influenced by Ids pat
ronage, are loud in their denunciation
of the 15th Amendment, and bitterly
oppose the reseating of the expelled
colored members. When you reflect
that Republicans aided this expulsion,
and that they and Bullock will, secret
ly if not openly, oppose their being re
seated by the General Assembly, in
order that he may secure violent Con
interest,) have declared this act of gressional action, and that Bullock,
drawing on said Bank, and the use of i with his adherents, defeated the loth
the mon<*y, illegal and unaullinrized, as Amendment last winter, I cannot con-
soon as the Legislature adjourned inlceivehowa Republican Congress can
March last, lie~wenl direct to New j
York, and drew a draft on said Fourth j
^ Bank for twenty thousand dol- j
ol Kimball; making !
ousand dollars, none j
nd its wav into the i
sustain him.
Most respectfully, yours.
N. L/ANG1ER,
Treasurer ol Georgia.
Cure for Headache.—Sulphuret
Georgia. And there I of carbon is said to be an excellent
t further amounts he ! remedy against the headache, especi-
wn and appropriated
mmol.. ion of law, had I not
sent the Bank a synopsis ot the Code
of Georgia bearing on this subject.
To meet these drafts or guarantee
the payment, he hypothecated 7 per
cent. State Railroad mortgage.bonds,
that, by special legislation, were to be
ally when it is of a neuralgic or nerv
ous character. Il is used by placing a
wad of cotton salurltcd with this ma
terial in a botile, and-applying its open
mouth to the temple or part affected.
The prickling sensation which is al
first experienced is followed by relief
from the pain.
ihought that our people ought not even
to *desire representation. Indeed, a
man ot true honor, should feel insulted
if even suspected of a wish to get an
office while his superiors were pro
scribed by a wicked and unconstitu
tiocal disfranchisement. When thieves
seek agents it is honorable to be re
jected as unworthy.
If, then, this legislation shall con
vince our people that they can gain
nothing by accepting and taking a part
in this reconstruction iniquity, and
shall .act as a caustic to burn out all de
sire for Federal office in every decent
Southern man, its evils will become
more tolerable, and what our enemies
intend for our utter discomfeiture may
become the beginning of our redemp
tion.
There is another effect of this legis
lation to reconstruct the Slate again,
which is not wholly destitute of a com
pensating consideration.
There was quite a number, perhaps
a majority of our people who- had be
come disposed to make a concession to
Congress and the feelings of the North
ern people in a spirit of conciliation lor
peace. In this spirit, I am of the opin
ion the Democrats of the Legislature
had concluded to re-seat the negroes
and ratify the Fifteenth Amendment.
The result of such voluntary action
would either have dismembered the
Democratic party of the State, and
caused the formation of a Republican
party, which might have controled the
State; or, to prevent this result, it
would h ve compelled the Democrats
to be reconciled to these acts, and not
to have made the support of thpse
measures a test of parly fidelity. But
Congress has prevented the voluntary
adoption of the measures, and has pro
vided for their forcible adoption. Con
gress has ordered that these measures
shall not be adopted by those who
could have had any claims to represent
the intelligence, and virtue, and will of
the Stale, and has ordered them to bo
adopted by those who will most cer
tainly represent neither the peoole, nor
the honor, nor interest nor will of the
people of this Stale. Thus we are
relieved of all odium which might
attach to a voluntary adoption of these
measures; of all danger of a dismem
berment «»f the Democratic party by
reason of such adoption ; and of all
obligation to respect the adoption as
binding when made by the Carpet-bag
strangers, deluded negroes, and thiev
ing outlaws whom Congress has entrus
ted with these measures as alone worthy
to pass upon them. 1 confess there is
much in this fact to gratify me. 'The
real people of ou: State are relieved
from the necessity of passing through
the only ordial in which 1 had reason to
fear llitdr manhood would be forgotten.
My opinion upon the eligibility of the
negroes under the negro Constitution
was well known. But the Legislature
.vas the sole judge of this question for
themselves. To reseat them after
unseating them would ffwe been to
admit themselves stultified, and to ab
dicate itieir own independence as a
co-ordinate department of the State
government. So the principle of the
15th amendment is another subversion
ol the whole system of the American
Government, and no earthly considera
tion could induce me to support it.
Yet, I confess I had made up my mind
to regard with tolerance those who
should differ with me on these ques
tions, especially where it was known
that Bullock was really anxious for the
defeat ol both the negroes and the 15th
amendment, as means of enabling him
to induce Congress to remand the
SLates to a Provisional Government in
order to extend and enlarge his own
powers for thieving. But Congress,
afraid the excuse for oppressing ns
would be averted by the Legislature,
has relieved the Legislature of the
humilating iniquity of averting it.
It is well known again that the pres
ent Legislature has been lavish—even
reckless—in creating debts in behalfof
plunderers for the people to pay. Now
that Congress has declared the Legis
lature which created these debts only
Provisional, the people will not hesi
tate to declare the debts so created to
be only Provisional also, and that, too,
in spile of any provision by Congress
to the contrary.
My humble opinion, therefore, is
that our people should receive this ad
ditional attempt by Congress to destroy
them as the Roman Senate received
the invaders of their country—with
quiet dignity and stolid indifference.
Let il be onr study henceforth to care
as little as possible for Federal affairs
and as much as possible for our own.
Il President Grant shall deem it his
duty to employ the army and navy of
the United States to guard and protect
unassalted thieves and robbers, let him
so do. If he shall go farther and use
that army and navy in arresting unof
fending citizens who are only engaged
peacefully attending their private af
fairs, why let him arrest—yea impris-
ion shoot and hang! “The blood of
the martyrs is the seed of the
Church.” He is not worthy of liberty
who is not willing io be its martyr.
Above all, let us still preserve our
manhood, and do nothing which can
possibly be construed into our assent to
their reconlruction infamies however
ollen repealed.
We still have bright skies, fertile
soils, and a healthful climate. These
are the gifts'of God, and are above the
power of Congress to reconstruct, arid
beyond the reach of even Radicals to
steal or carry away.
Let us devote all our energies to the
sole work of enriching our fields, beau
tifying our homes, multiplying our
productions, electing foundries, build-
ind factories, and developing in every
form our vast material resources.
Toward the colored race let us re
double our efforts to be just, kind and
forbearing. They are not the authors
of our wrongs. Nine out ol ten of them
wish to do right. I doubt whether
the same number of any other color or
race of the human family could pass
the same ot deals through which they
have passed during the last four years
and do as well as they have done.
With a few wicked or deluded excep
tions, they will join us in bringing
contempt on ail these Congressional
iniquties and on their authors.
The black angel of political, social
and moral death if deepening the shad
ows of his wings over the Continent.
These shadows will certainly settle in
the thick darkness of despotism and
sorrow on the Northern people. Then
the sun of Liberty will dawn again
upon the South. That dawning will
rpveal us with coffers refilled, with
waste places rebuilt, with resources of
all kinds al home, and with sustained
honor and unsullied manhood preserv
ed. And, to those, whatever else hon
or can commend, or virtue desire, will
be added for us and for our children.
1 thank God that I was born in the
South, and with a spirit that knows no
fear of her enemies, and would not es
cape a full share of her sufferings.
Tbe Silnalion in Cuba.
The Cuban Junta, in New York, in
response to a request from N. P. Banks,
publishes a statement in which they
say the Spaniards hold seventeen juris
dictions, containing 11,SG2 square
miles, containing S50,27-5 population—
759 sugar—776 coffee, and 9,476 to
bacco plantations, 2,480 grazing farms.
The insurgents hold also seventeen
jurisdictions, containing 23,895 square
miles—592,592 population—656 su
gar—220 coffee—2,747 tobacco, and
6,623 grazing estates. The report
says:
One hundred and fifty-three planta
tions belonging to Cubans have been
confiscated ; 160 sugar estates belong
ing to Spaniards have been burned.—
The value of a Cuban sugar estate
ranges from $250,000 to $2,500,000,
while the average price is about $550,-
000. The average value of Senor Mig
uel Alilama’s six sugar estates, all of
which are confiscated, is $1,500,000.
His warehouses at Matanzas were val
ued at $1,000,000, and his mansion in
Havana, furniture, coaches, stables,
etc., were worth $1,000,000. He lost
$3,000,000 railroad bonds by confisca
tion. With all these losses he has still
about $6,000,000 in cash and United
States bonds, which he is using freely
in the Cuban cause.
Francisco Pernapdez Crjado and
many other Cubans have also lost mil
lions by sidfcig with the revolution.
Intercutin; Correspondence.
The following correspondence ex
plains itself. Tbe conduct of Colonel
Milledge in this matter is noble and
magnanimous. It speaks well tor his
head and heart, and shows that there
is much of the true and the noble in
human nature, as exemplified in this
high-toned gentleman and able lawyer
of the old school. Colonel Milledge
has filled the position ably and with
satisfaction to the Government:
Atlanta, June 7th, 1869.
Honorable A. T. Akerman :
My Dear Sir—Immediately on my
return home from Washington City, I
addressed you a note through a friend,
in which l informed you, in substance,
of^what I had said to the Attorney
General, in case I was appointed Dis
trict Attorney for Georgia, which was
to this effect: That inasmuch as you
were the choice of the President, and
had been confirmed by the Senate, and
had failed to be commissioned only be
cause your disabilities had not been
removed, I was not disposed to take
advantage of the hard luck of a friend,
but woff I che. . fully resign the office
in your favor as soon as Congress ena
bled you to lake it.
Nothing has changed that determina
tion, but am ready, at the proper time,
to comply with your wishes in regard
to the matter. Hoping that “ou will
be frank with me, I remain yours verv
truly, John Milledge.
Atlanta, June 7, 1869.
Col. John Milledge:
Dear Sir—1 have just received
yours of this date. The letter which
you addressed to me on your return
from Washington was never received,
having been accidentally lost by the
gentleman to whom you entrusted it ;
and this explains my failure to answer
it at the time.
I desired the office of United States
District Attorney. When nominated
and confirmed, I caused it to be made
known at Washington that I could not
take the office unless relieved from the
“test oath.” Congress having adjourn
ed without relieving me, I expected the
appointment to be given to another;
and on every personal account was
gratified to learn that the choice of the
Government had fallen on yourself.
Your voluntary offer to retire from
the office, if I should be able to fill it,
lays me under deep obligations ; but
whether l can ever avail myself of your
generosity depends on the future action
of Congress, and of the appointing pow
er. Whatever that may be,’I shall al
ways be grateful for the sacrifice which
your good will to me has prompted
you to offer.
Very truly yours,
Amos T. Akerman.
What it Cost to Whip the
South.—Commissioner Wells, in his
report presented to Congress, gives an
estimate of the cost of the late war.—
The government spent in war expenses
and expenses growing out of the wai,
down to June 30th, 1869, $4,171,914,-
498. This excludes what the adminis
tration would have cost had there been
no war, and may be called the net cost
to the government of the rebellion. To
this, however, must be added a num
ber of items, which Mr. Wells gives
thus :
Penssions, capitalized, at eight years’
purchase, $200,000,000; increase of
State debts, mainly on war account,
$136,000,000 ; county, city and town
indebtedness, increased on account of
the war (estimated) $200,000 000; ex
penditures of States, counties, cities
and towns on account of the war, not
represented by funded debt, (estimated)
$600,000,000; estimated loss to the
loyal Stales from the diversion arid
suspension of industry, and the reduc
tion of the American marine and car
rying trade, $1,200,000,000; estimated
direct expenditures and loss of proper
ty by the Confederate States by reason
ol the war, $2,700,000,000.
This makes a total of loss by the
war to the whole country of nine thou
sand millions of dollars.—Sav. Rep.
Supreme Court.—We have referred
to the bill now before Congress to put
the Supreme Court in chains. The
Chicago Tribune, a leading Radical
paper, says of it:
The result would be that no law of
Congress could be annulled for uncon
stitutionality, even though it might
abolish the Stale governments, or pro
vide for a hereditary monarchy. We
should have no Constitution of the
United States, and each State Legisla
ture might by a similar act of its own
abolish its constitution. It is not loo
much to say that the member of either
House who is intellectually capable of
introducing such a bill deserves expul
sion on the ground of mental imbecility.
He is non compos mentis.
The Supreme Court is a creation of
the Constitution—not the creature of
law, whose duties are defined by Con
gress. The Constitution declares that
its power “shall extend to all cases in
law and equity arising under the Con
stitution, the laws of the United States,
and the treaties made,” etc. Yet, Con
gress has before assumed to limit this
power, and now proposes to take away
all that can be of anv value to the cit-
izea or the State. This is the most
daring usurpation yet, and calls for re
sistance. If the Court has any pride or
pluck il will make its decrees and call
upon theposse comitatus to enforce them.
[Manchester (N. H.) Union.
has notified the Council that the
declaration of the infallibility of the
Pope is religiously inopportune, and
that politically it uullifies the Concor
dat and releases Frauce from her obli
gations to the Holy See. This is a
heavy blow. This, however, is not all.
The majority of the French bishops
are opposed to the infallibility dogma.
So.it is certain, are all the liberal
bishops ol Germany. We do not won
der that it has been found necessary to
adjourn the Council. The Pope, it is
said, is somewhat alarmed; but he
counts with confidence on the support
of the American bishops: When we
remember that tie Council of Trent
sal at irregular intervals, from 1545
to 1563, a period of eighteen years, and
during which the chair of St. Peter had
five successive occupants—Paul III.,
Julius III., Marcellus II., Paul IV.
and Pius IV.—we cannot help attach
ing some importance to this first ad
journment. The end ofthe Council may
be near; bul it may be alar off; and
no one can foresee its history.—JS. Y.
Herald.
*0u%nt Ilcccrkr.
MIL lu.ZE JDO-EVILLE;
Tuesday, SecenJbcr £8, 1SS9.
THE PRESS.
“No editor has a right to make his news
paper tho absolute expression of his own
opinions, any more than the Governor of
a State has a right to regard the common
wealth as his personal property. The ed
itor is an administrator. Hi* duty is to
speak the truth, but to apeak it so it may
be heard. He should observe the tides
and currents of public opinion as carefully
as tbe mariner who watches the tides and
currents of the sea. Thera is a time for
speech and a time for silence. It is a mis
take to endeavor to arrest the hungry mul
titude, and compel them to pause ami hear
you expound “doctrines’ aud ‘ideas.’
So says the Cleveland Gazette. We
differ iu seme degree from tbe above sen
timents. Newspapers are strictly private
property, and if any man goes into the
business of conducting a paper, it is for the
money that be thinks he can make at it,
or a desire to lay his views before the pub
lic ; as much so as the man who writes a
book upon science, morals, mcdiciuo or re
ligion. The book express his views and
opinions and not that of the public ; and
just so with the reformer, he wishes to im
press himself upon the public aud be a
leader in thought.
The Postponement of the Ecomenieal Connell.
By cable telegram we learn that the
Council which metal Rome on the 9th
of this mouth has adjourned until after
Epiphany, or until after the 6th day of
January. It is added that much op
position is expected when the Council
resumes its sittings. This opposition
is no longer a mere oumor; it is a fact
France has taken decided graunds and
the example of France is approved
and adopted by all the Catholic gov
ernments, The French government
In the newspaper business as now con
ducted, it bears a double character ; we
see both the editor and the people among
whom he lives, for it is taken for granted
that the editor represents somebody else
besides himself,and that he at least speaks
the sentiments of a part of the people ; for
it should bo the ambition of an editor to
lead and mould public sentiment in some
degree at least, as much so, as it is tLe
privilege of the minister of the Gospel to
iustruct and advise his congregation : but
at the same time, an editor should not in
sultingly spit iu the face of public opinion,
hut pay it that respect which is dne a difs
ference of opinion.
But when editors narrow down their
sphere, and recognise themselves as par*
tizans, politicians, party men, &c., they
necessarily surrender their individuality
and too often their independence, and be
come the mere mouth pieces of a party or
a political leader. When an editor admits
he is a good party man, lie ceases to be
an independent thinker, and recognises a
master in some bold leader who cau crack
the whip of authority over his shoulders.
We have in days past seen so' much sur
rendered to party dictation, that wu have
for it now a thorough contempt. Editors
having allowed themselves to be made
tools of by party machinery, have in turn
made tools of tbe people, and the result
was, if an editor had the independence to
differ with his party, to reject a nomina
tion, or refuse to support some man un
worthy of bis confidence or respect, lie was
denounced as not a good party nfan, and
the cry was raised, "stop his paper,” “set
up opposition to him,” break him down,”
See., See.
Unfortunately for the profession, editors
seem too willing to loose their identity,
and seek the popular current to make
money instead of advancing an opinion or
standing squarely np to a principle. In
stead of endeavoring to lead and enlight
en the public mind, it rather caters to it.
Instead of being the educator of those
who seek office or hold office, they too of
ten become the followers, apologists and
tools of party leader*. Instead of crack
ing the whip to let public servants know
that the press is truly independent, that it
is not in busines to follow, but to lead,
expose, explain, to be tbe guardian of
great principles, it unfortuuately follows
too closely in the ruts of party dictation
or private selfish interest. As well might
the Doctor when called in to see a patient
cousult him as to what he would like to
take in the shape of madicine to effect his
cute, or perhaps to call all his neighbors
together from their law, merchandise,
farms, trades, &c., and state bis case and
ask their advice as to what bis patient
should take. If consulted, they would
as sensible men say : You beiog a physi
cian, it is your business to know ; it is
your study, and if you are not competen
to the task, give up the profession and
make room for one who is.
If there is any class of men who should
study, should investigate, should weigh all
questions, principles and measures with an
eye single to the public good, that class
should be the conductors of the Press. Not
willingly surrendering their opinion be-
cause it is unpopular or because p u bli c
clamor demands it, but moving on f ear
lessly in tbe path it things right. But
right here comes iu a nice question that
every aae who has had any experience i D
the eu ;:ial chair has experienced. If]
go agakst ue popular tide, though I f ee [
that T HU, right and it wrong, my p a p er
will go uown aud be left without suhscrib-
ers. ii is an appeal to the purse that few
met. n well resist, and lie is indeed a
man of nerve and a lover of principle or of
his own views who would conduct a paper
for the more gratificotion of elaborating
his opinions if they should unfortunately
be unpopular.
No man should go into the editorial pro
fession with the expectation of making
money, and at the same time being entire
ly independent in all of his opinions; be
will have to sacrifice the one or the other
at some time of bis life on some occa
sions. And that leads us to the point
wherein the people are directly interested
and if they* the people, would have an out
spoken Press, the Press should have that
support which would make it independent
of party men, politicians, cliques or corpo
rations. Or the conductors of the Press
should have a purse independent of their
papers, and labor for the mere pleasure of
laboring to enlighten and iustruct the peo
ple.
There are but few papers wielding such
influence as tho London Times, the N. Y.
Herald, the World, Tribune, Times, Cou
rier, Journal and a few others in this, our
day. and such as the National Intelligencer
under Gates Sc Seaton and the Union un
der Mr. Richie did iu the better days of
the Republic. Such papers are a power,
with master minds at the head, and when
they speak they are heard ; besides, they
are moulders of public sentiment, and like
tbe driver, they follow the horses, hut
they take care to have hold of the reins;
and again, they are independent, financi
ally and laugh at “I’ll stop your paper.”
Tho secret of the independence of men
disconnected with the Press is, that they
have nothing to loose bat all to make,and
cau afford to be reckless. If unpopular,
they are unpopular, they are like a terra
pin, cau withdraw themselves within their
shell and retire from the public gaze, and
go about auy calling they may have —
Having no pecuniary interest at stake, no
character as a writer or thinker to be test
ed day by day, it is an easy matter with
them to be blatant or select as the case
may be.
An editor should have an individuality,
and a very strong one at that ; as much
so as any other man, and when he says,
"We,” he should mean “We” as an indN
vidual, and as tbe exponent of principles
already recognised, or principles he wish
ed to be recognised aud engrafted upon
the public mind. It is an easy thing to
float alon^ with the current ; to run iu tbe
common rut ; to follow along with the ex
citement of the moment, or the prejudices
of tbe day, or tbe passions of the hour. As
the great majority of mankind do not
really think, and half do not read, and but
few investigate, their snap judgment on
any question where wisdom and reflection
is necessary, shonld have bnt little weight
with those who have assumed to be teach
ers and educators. Such are our views of
tbe duties and responsibilities of the edi
torial profession, whether we, as an editor,
fill the bill or not.
WHAT NEXT?
Assuming as candor compels ns to do,
that Georgia is to day turned over to Bol
lock, it is" some consolation to read, as ve
do in the Chronicle & Sentinel, that it is
no great matter, after all ; and, ou the
whole, to be preferred to the original stat
us, in which there was danger that the
Legislature, of its own motion, would have
reseated the negroes and passed the Fif*
teenth Amendment. We are certainly
disposed to make the best of the catastro
phe, and to bear His with as much com
posure as possible.
We call our readers to witness that this
catastrophe has not caught us by sur
prise. A conviction of our daDger has
dwelt upon our minds. We have not
been one of those who have flattered the
people that this tyranical Congress wou;^
fail to seize upon such a pretext as the
expulsiou of the negroes from the Legis
lature, for an occasion to disarm and crip'
pie a State which refused to vote tbe Rad
ical ticket.
And now we are told no great barm i*
done. We answer, that all depends upon
the power of the Radical Destructive is
this State to do harm ! That power rest:
upon the Legislative status. We assume •
is tbe purpose of Messrs. Bullock, BloJg®-;
& Co., to seeure a practical supple, tD ,,
subservient majority in the Legislature. ‘
possible ; and as the work is in their hand’
we think they will do it effectually if the.v
can. They will leave no stone untnrue-
to mould the Legislature to their will. * c '-
if they succeed, those who anticipate i* 1 ’
harm will be sorely disappointed. 7®e.
will see such an upturning and upheaving
such a squandering and bedevilment g®-
erally as they do not dream of.
But as man's extremity is God’s <>pp°r‘
tunitv, if may be that the Democrats s'- 11
left in the Legislature, together with 1
mall remnant of the more conservin'
Radicals, may be able to interpose betw?®“
the State aud destruction. This is
best chance we can see left to us; bU’ ‘
this fails, then we have hut to bear the
from which we cannot escape, with ^
solemn resolution that we will take
first occason to slip off the burden of
disorder and mal-legislation which * ^
agents of Congress impose upon us.
bill declaros this a “Provisional Lejp'L
ture,” and both the Legislature an
Governor are Federal agents and *
constitutional representatives of the
No Court having any respect for la* . f
hold the Stated Georgia responsible
the obligations they coutraet, and w ®>