The weekly loyal Georgian. (Augusta, Ga.) 1867-1868, August 10, 1867, Image 3

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WEEkLV I,(HU GEORGIAS. SATURDAY AUGUST 10, 1567. THE SURRATT CASE. Washington, August 7- Judge Fisher's charge covers four and a half columns. Its general tone is regarded a3 unfavorable to the prisoner. The following is the summing up of his re marks : First, that a conspiracy, formed in time of war to take the life of the President and Vice President of (he Republic, and heads of the Executive Departments, for the purpose of aiding the enemies of the Federal Government, by throwing it into anarchy and confu sion, is treason as heinous and rs hurt ful to the people of this country as the compassing the death of thc Kiug or Queen of Great Britain is to thesubjeets that of realm. Second, that every person engaged in such conspiracy as long as "he continues a member of it. is re sponsible not only for the act of treason, but for any murder or less crime which may How from it. Third, that "the government may waive the charge of treason against any or all the conspirators, and pro ceed against them for the smaller crime of murder, included in the greater crime of treason. Fourth, that under an indictment for a murder resulting from the prose cution of such conspiracy, evidence of the entire si ope of the conspiracy may be considered in estimating the heinous character of the offense laid in the indictment. Sixth, that it was not necessary to aver in the indictment the fact that Abrfiatn Lincoln, the victim of the mu vfj, was at the time of its commission, lVßßdent ol the United Slates, or to prove it in order to allow the jury to take that fact into the account in determining the heinous character of the crime, it being a fact of which courts will take judicial cognizance. Sixth, that he who does an act by another does it by himself and is responsible for its consetpicnccs in criminal as well as civil cases. Seventh, that although an alibi, w lien clearly established, forms com plctc and unanswerable defense, the mere absence from the immediate scene of a crime resulting from a con spiracy mi repeated and imabandoned by the party charged, it will not avail him if he were at some other place assigned him, performing his part in ( lie conspiracy. Eighth, that this plea is, unless dearly made out, always regarded with suspicion, and a circumstance weighing against him who attempts it. because it implies an admission of tlie truth of tile facts alleged against him and the correctness of the infer ence drawn from them. Ninth, that right from the scene of the crime, the fabrication of false ac counts, and tile concealment of instru ments of violence, are circumstances indicating guilt. Tenth, although a confession in the slightest degree, tainted with the promise of favor, or by duressor fear, is not admitted as evidence against him who makes it; yet. if made freely and voluntarily, is one of the surest points of guilt. The foreman of the jury was re quested to copy all of the recorded idencc. Judge Fisher said it was usual. Th<? defence was willing, but the prosecution objected : so the jury retired without the documents. The verdict is waited for with anxii'tv. Items from Washington. Washington, August 8. It is stated that the President lure directed his subordinates to bold no communi cation with Stanton as Secretary ot War. The Surratt Jury still disagree. It stands, it is asserted, ten to two for acquittal. Considerable interest is attaching to the Commission's recommendation of Mrs. Surratt's commutation. The fact cannot be doubted that the Presi dent never saw if. He reiterates his previous assertions to that effect. The President also says the documents were not arranged : w hen presented to him, ire now, they were in loose sheets. Judge Fisher went home at (i o cluck, not to return until 10 in the morning. It is stated that the jury now stands eleven to one for acquittal. Revenue receipts to day amount to *543,000- The statement that I lie Executive business with the War Department is now done through Adjutant General Townsend, is untrue. No movement, whatever, have a ; yet been made, cramping Stanton's official functions. Washington, August 8. In speak ing of the newly appointed Chief of Police, the Jlcpuhlicpn says lie was formerly an officer in the 128th New York Volunteers, and served with great distinction in the Ordinance Department, having millions of dol lars under his charge. He also dis tinguislicd himself greatly in front of Mobile and as assistant to General Bailey. Affairs in Charleston. UHA tt lesion*, August 2.—General Sickles has removed the Police of the town of Sumter for alleged maltreat ment of blacks and inefficiency. He appoints two colored aud one white policemen to succeed the late incum bents. United States Marshal Upping was arrested last night on the charge of intending to fight a duel with €. C. Bowen, owing to an abusive letter about Epping published by Bowen. The difficulty grew out of rivalry for the leadership of the Republican party organization here. Several of the freedmen who emi grated hence to Liberia last year, have just returned, bringing very discour aging accounts. Letters from those who remained in Liberia are to the same purport, advising Southern freedmeo against further emigration. Military Orders. New Orleans, Aug. B.—The follow ing arc extracts from special orders No. Ill: “See. 5. For denying the supremacy of the laws of Congress, stating lie would not obey them when they conflicted with the laws of the State of Texas, and openly denouncing the Govern ment of the United States in the office, and in presence of Brevet Major Gen. J. J. Reynolds, commanding the Sub- District of the Rio Grande, Edward Dougherty, Judge of the 12th Judicial District, State of Texas, is hereby re moved from that office, and Edward Basse appointed in his stead. “Section 4. At the request of his Honor, Mayor Heath, of the city of New Orleans, Thomas E. Adams, Chief of Police of that city, is hereby re moved from his office, and J. J. Wil liamson appointed in his stead. “By command of sJjij. General I*. H. Sheridan. [Signed] Geo. L. Hartscff, A. A. G. Richmond, August B.—Gen. Scho field, to day, issued an order that after the 20th instant all the destitute in the State be turned over, by the military authorities, to the overseers of the poor, in the respective counties and cities. The Freed men’s Bureau rations will no longer be issued. * Charleston, August B. —General Sickles lias issued an order in relation to certain moneys advanced by South Carolina hanks during the war for the purchase of horses for Confederate service, but which, not being expended, had been distributed since the war under a chancery decree among banks and other claimants. The order annuls tlie decree, as a fraud against the United States, and appoints a receiver on the part of the Government, to whom the funds distributed, including costs and fees of counsel, are to be repaid. The receiver is directed to report promptly any delinquency or obstruction ou the part of individuals or corporations in the way of Executive orders. AUGUSTA MARKET. Thursday, August 8- -p. m. 81’KOIE—Gold, 1.(Oal. 12; .Silver, 1.30a j.a.t. COTTON —Prices range from 23 to 201 c., ibo latter lor Strict Middling. WHEAT—White, sl.UQs2.ltl; Red, $1.06 a 1.86. FLOUR—Superfine, 812; Extra, sl3; XX, sl4. CORN—-White, $1.60; Yellow and Mixed $1.60. BACON—Clear Sides, ISAalO; Clear Kill •Sides, ISatSI; Shoulders, lAtalOe. Domestic Markets. Baltimore, August 8. Coll'd' thill anil stock large. Cotton steady ami scarce. Flour declinedsoc ; shipping brands, *1 lal 1.50. Wheat dull and declined 10c; white, $2a2.G5; red, $1.75a2.53. Corn steady ; white, !j!1.18al.20; yellow, $1.12a‘1.10. Pro visions quiet and steady. Baton shoulders, ffclJalTjc: clear rib sides, ISalOfc, only in jobbing, demand. Lard, western, IJJc. New York, August 8. — Cotton easier; sales 1,200 bales »t 281 c. Flour —State $G.25a11; Southern $10.00a15. Wheat active, at 2a.60 hotter ; amber State $2.30a35; red and amber Southern $2.10. Corn 2n3e lower; mixed western sl.lO nl 1 ; white southern $1.25. Provisions generally firm. Mess Pork, $23.30. Groceries generally dull and nominal Rio Coffee, firm at 13c in gold. Stocks heavy; money 4a5. Gold -10 J. Sixty two coupons 14. New issue 87. Ten forties 3. Seven thirties, first scries, .8} ; olhers 7J. New Orleans, August B.— Cotton unchanged—sales of 900 bales. Low Middling 2G. Receipts 13 hales. Flour, superfine, SB.G2. Corn advanced sc. for white. Oats nominally 51.15. Pork, prices unchanged—s2s.so. Bacon, shoulders, 13Jal3:j; clear sides, *ls ja 10. Sugar cured Hams 19a22j. Lard, in tierces, 14. Gold 139Ja116. Ster ling 521a54j. New York sight ex change, 1 premium. Cincinnati, August B.—Flour firm. Corn dull; nominal, 88c.; no buyers at over 85». Cotton —middling, 20a2(iie. Whiskey steady. Provisions buoyant. Mess pork, $23.50. Bacon—shoulders, 12c.; clear sides, 15!a151e. Lard dull, 12]c. Savannah, August B.—Cotton dull and heavy—Middling nominally 2Gj. Receipts 257 bales; receipts lor the week 1,121; exports for fourteen days 1,438. Morilc, August B.—Sales of 300 bales; low middling, 21c ; receipts, 01 bales Charleston, August 8. Cotton easier ; sales 10 bales; middling 20'a 27c ; receipts 147 bales. ,nS' TO CONSUMPTIVES.- The ail vertieer, having been restored to health in a few weeks, by a very simple remedy, alter having suffered several years with a severe lung affection, and that dread disease Con sumption, is anxious to make known to ilia ' fellow-sufferers the means of cure. To all who desire it, he will send a copy of the prescription (free of charge), with ; the directions for preparing and using tlie ■ same, which they will tied a sure cure lor j Consumption, Asthma, Bronchitis, etc. The : only object of the advertiser in sending the Prescription is to benefit the afitictc-J, and j spread information which lie conceives to be invaluable ; and be hopes every sufferer will try his remedy, as it will cost t|icm ! nothing, and may prove a Messing, i Parties wishing the information will ! please address Rev. EDWARD A. WILSON, Williamsburg, Kings County, N. Y. nuv 17-ly J. E. BRYANT. | C. C. RICHARDSON. BRYANT & RICHARDSON, ATTORNEYS AND COUNSELLORS _A_t Law, A I O IJSTA, GEOItGIA Office, corner Ellis an»l Monument Streets. REFERENCES: Hon. L. M. Morrill, M. C., Washington, I). C. Hon. Sidney Perham, M. C., Washington, L>. C. Hon. T. J. Sizer, Buffalo, New York. : Edgar Ketchum, Esq., New York City. | Gen Geo. F. Sheply, Portland, Maine. | lion. Joseph Howell, Portland, Maine. Col. Albert G. Browne, Jr-, Boston Mass. ! J. S. Shultz, President Board of Health, ■ New York City. myl2-lf Gov. Brow ii Itevirws B. H. HILL'S NOTES. XCMBEU IV. The writer of the Notes of Mr. Hill seeing to have in view these ob ject* : 1- To abuse aud denounce all who differ from him in opinion, as dis honest traitors, and those whom lie most dislikes, because they may have been iti the way of the gratification of his ambition, as the most dishonest and the greatest traitors. 2. To oppose universal suffrage, as well of white as of black men. 3. To give vent to bis indignation at bis own disfranchisement. He evidently has n very poor opinion not only of the black race, but also of • hat part of the white race who have been too ignorant or stupid to ap preciate his merits, and have not, therefore, been Ins followers. He says: “I frankly admit tuy opinions heretofore have not been accepted by a majority of the people.” “My political life lias been a struggle against prevailing opinions and poli cies.” The same will again he true. His opinions will not be accented, because they are impracticable and productive of still greater misfortunes aud miseries to our afflicted people. And ho is again making an imprudent and mischievous assault upon opin ions and theories that must prevail. In his Number 5 he uses the follow ing language: J admit. I have often overrated tlio in telligence, and virtue and endurance of our people. Everything they have done from the suicidal repeal of the Missouri com promise, to tlie criminal aud factious do moralization which compelled our surren der. has been contrary to my wishes, and against my protest. How unfortunate for Mr. Hill that his lot has been east union# such a wicked and perverse generation, pos sessing so little intelligence, and .so little virtue. Hiding the whole period from the repeal of the Missouri Com promise to the surrender, they have never done right in a single instance! “Meen/f/tini/ thnj hare done' fioiu the one event to the other has been ltron trury to his wishes and in fains l his protest,'' How unfortunate for the people, a« well as for Mr. Hill, when they have a political prophet, and an oracle of wisdom among them, that they should never take his advice, and never do right in a single instance! Is it not enough to make Mr. Hill lose his temper, ami denounce them as peri tired traitors , when he finds they are deter mined to disregard his advice and go wrong again ? What better could he sav of a people who, having had the benefit of his lenchiugs for years, dis regard his wisdom and never go right? Truly is a severe trial of his patience. Again, it is very provoking to a pure patriot like Mr. Hill to see by what agencies the people have been misled and ruined. These are, as he says : Ist. “ Deiuagoguoism or thirst foroflieo.” 2d. “ Fanaticism or the bigotry of ex treuio opinions.” Now all the world must know the great contempt Mr. Hill has for the deimlj/oifne or any act of dcntapot/ncism and his entire freedom from anything like thirst for office, II is constant political consistency, the elevation and beauty of bis style in debate, the ehasleness and elegance of his language, his aversion to the style of iliosp who garble Milton and other' pools, and present; disjointed figures of hideous monsters 'and horrid nonsense, which #.rc ludicrous and inappropriate; and above all, his dislike of sophistry, and his effort never to deceive or mis lead the people, must certainly acquit him of all dcinayoyuvism and of all sympathy with dcinayoyues; while Ids past modest, retiring disposition, and the assiduity with which lie has avoided public trusts or positions, must convince all that lie has no " lhii.it fee office!" It cannot lie necessary to say anything to acquit him of the charge of fanat ism or bigotry of extreme opinions. A fanatic is defined to be a person affected by excessive enthusiasm, par ticularly on religious subjects. 1 believe no one ever accused Mr. Hill of this. After having slated the agencies by which the people arc misled. Ire says : “Ignorance, credulity, arid want ol virtue among the people, have been the food for both agencies." Again he says : “Therefore, the people of Ame rica have been made to do, with energy and great sacrifice, those very tilings which of all others they most hale.” Os course, the demagogues and fa natics, who are so much abhorred hy Ml'- Hill, mislead them, or they never wouid have done it. After having reviewed all this de pravity and corruption of the while rare, and the bad agencies by which they have been misled, Mr. ilill ex claims, with great warmth, “ Univer sal, indiscriminate , ignorant, vicious white suff'ragi has buried a million of victims, slain by each other’s hands, destroyed the peace and prosperity of tlie country, and saddled an innocent aud unborn posterity with burdens too grievous to be borne. Will it be wise to extend the sacred hut desecrated, trust of suffrage to more ignorance, more vice, and at the same time with draw those trusts from intelligence and worth ?” Remember it, ye uneducated while men of Georgia, when you go to vote, Mr. Hill, the self-extolled patriot and political prophet, not only opposes the extension of ihe right of suffrage to the freedmen, bi|t hp is in favor of taking “this sacred hut desecrated trust of suffrage ” from you and limit ing it to men ot intelligence and -worth like himself. His indignation knows no hounds, when it is proposed hy the Government to take from him the right to vote and hold office, on ac count of his course iu trying to de stroy the Government. But while he is venting his spleen on account of the act of the Government in disfran chising intelligent gentlemen of worth, who wish office, he denounces “uni versal, indiscriminate, ignorant, vi cious, while suffrage..” And this is tho political teacher who i? writing gud speaking against reconstruction under the Military Acts, and denoun cing all who vote for the Convention under them as perjured traitors. Whatever may have been our pre conceived opinions or prejudices upon this subject, under the slavery system, we are obliged to yield them. The tendency of tfic age in all free gpveru incnts is toward universal suffrage, and the sooner we sacrifice our prejudices and, if need bo, our consistency, on this subject and adopt it, the sooner the agitation will cease. Till then lam satisfied it never will. Work as it may, we shall be obliged to make the experiment. Let us all hope for the best, and yield to the inevitable logic of cvepts. XCMHE It V. The following language is found in No. 8 of the “Notes” of Mr. Hill: “No surrendering people ever Hid more promptly, more absolutely, more sub missively, or with oue tenth of the sacrifice ot property, and hope, and pride, and feeling, comply with all the terms demanded ou their part, than did the Southern States and people. They laid down their arms; they gave up the great principles of government which their fathers taught them never to yield ; and to maintain which they fought so loug and endured so much; though already impoverished, they gave up four billions more of property—the descended patrimony of centuries,” etc. Now, if Mr. Hill’s statement is true that the people of the South, in the surrender, consented to so much sacri fice of hope, and pride, and feeling, and after they were impoverished, gave up four billions more of properly ; and in addition to all this, laid down their arms and yavc up the yrcat principles of yovernment which their fathers tauyht than never to yield, what did they have left that they could hold independently of the will of the con- j queror ? 1 had always understood the Constitution to be the embodiment of j the “great principles of government'’ j transmitted to us by our fathers. Alter j we yavc up these great principles of) government, which our “fathers taught 1 tis never to yield.'’ what constitutional [ rights diil we have left? What equati- ! ty in the Union did we retain when we \ surrendered the great principles of I government? What right (<> regulate j suffrage contrary to the will of the ! conqueror, does a .State retain when she has surrendered these great princi ples ? W hy has not the conqueror, to whom these yrcat principles have been sur rendered, as much right to regulate suffrage and disfranchise persons who have incurred his displeasure, as he lias to dictate the destruction of “four billions more of their property” after he has “already impoverished” them ? Thus impoverished aud perfectly powerless, Mr* Hill advisos us still to resist, ffyht for our rights, and stand by the Consti tution. What part of the Constitution is left for us to stand hy, after we have surrendered the great principles of gov ernment embodied in flic Constitution ? What rights have wo left to ffyht for j that were not protected by those great j principles, and which were not lost by their surrender ? How can we claim j equality with the conqueror alter we have surrendered both our property and the great principles of government at his dictation ? Mr. Mill denies the power of the Federal Government to destroy the government of a State, or even to regu late the suffrage in a State, and urges to stand hy our present State Govern ineutj and at the same time tells us that we are, and always were, in the Union, This involves a strange ah surdity. If the Federal Government lias no right to destroy the government of a State, or to regulate suffrage in a State in the Union, and it we always were in the Union, it necessarily follows that the present State Government is illegal, because it was formed at tlie dictation of tlie President, upon the ruins of the old government of the State, which he had set aside by the arrest and imprisonment of its Execu tive, by tlie refusal to allow its Legisla ture to meet, and hy its disbandment by military force. If, then, Mr. Hill be right, tiie government of tlie State, as it existed prior to the surrender, is its only legal government; and the Con stitution, as it then existed, is its only rightful Constitution ; and both tliiv present State Constitution and tlie pres ent State Government are founded in usurpation, and are necessarily illegal and void. The admission that tlie President had a right to establish the present State Government, is an admission that the conqueror had a right, after our surren der, to set aside our then existing gov. eminent, and dictate to us another government in its place. If tlie Constitution did not protect our right to retain our State govern ment as it existed prior to the surren der, what other right did it protect? If tlie conqueror had the right to give us a new Constitution and anew State government, abolishing our old one, why did he not have the right to regu late suffrage in the new? And if he had tlie right to arrest and imprison, and depose the officers ol the then State government, why has he not the right to disfranchise them ? Is it any more a violation of the Constitution to declare that tlie Governor of a State, or a Judge of her Supreme Court, shall not lioid office in fufurc, than it is to arrest, imprison and depose him when (bum] in office? My. flill admits the right to do the latter when lie defends tlie pieseiit State government, which was founded in the exercise by tlie conqueror (the President acting as such) o( Ids light to destroy the old. And when lie lias made this admission he ha no escape from tlie position that a conqueror, possessing the right to set aside the State government which he finds in existence, and set up anew government in its stead, lias a right to regulate suffrage in tlie new govern ment set up hy him. This being the right of the conqueror, as admitted by Mr. Hill himself, the only remaining question is, what depart ment of the conqueror’s government has the right to exercise this power? Admit that the government of the conqueror has this power over us, and you admit that we have no constitutional rights except such as the conqueror chooses to allow. Then it matters very little which department of the govern ment exercises the power over us. The President undertook to exercise it, and destroyed our old iruverniuctit, and set aside our old Uonstitulion, and dictated the terms upon which we were to form new ones. After this, Uongrcs;, which is the war making power, denied the power ot the President to make peace with us, regulate the terms of the peace, and form governments for us, without the consent of Congress, which must make all necessary appropriations, and pass all necessary laws for the restoration of the States, and without even consulting the Senate, which is part of the treaty making power. All know the unfortunate contro versy (very unfortunate for us) which has grown out of the question between the President and Congress, And all know the result. The people of the North in the last elections endorsed Congress. There is now a majority of over two thirds in each House, and the power of Congress js beyond tffe con trol of the President. It follows, as we are subject to the will of the conqueror, and Congress wields the p«wer of the conqueror, that we are subject to the will of Congress. And it also follows, if the conqueror had a right to abolish our old State government and give us anew one, that the conqueror has the riglij, 1° change the pew ope till its provisions haye been approved by all tbo departments of the conqueror's ! Government, or by tlie supreme power in that Government. Ami ns Congress has shown itself supreme in that Gov ernment, we, ns the conquered, are obliged to submit to any changes made by Congress, till tlie State govern ment has been approved and ratified by them, XCMHE It VI. 1 pass by much tlie larger pait jf Mr. Mill's “Notes ou the Situation, ’ which consists ot vituperation, defnma l tion, denunciation, and egotism, without | Curtin r notice. I also forbear to com ! ment upon the appropriateness and ! beanlv of his expressions, such as “the i fiery flames of suliiiuirions heli,” “which seems determined with an adulterous mania to multiply its hell-visaged brood,’ “even this bitter cup of hellish ingredients might lie drunk but for the nausea which makes us vomit,” “Unit ; devilish spirit of treason,” “the lowest of she damned spirits which now inhabit your labyrinths,” “devilish prompter,” “hellish brood of honors,” aud other like elegances of diction—not original, bye (lie bye—ami proceed to notice tlie remedy proposed in his Notes, by which we are promised relict. Now, if tlie remedy is “ constitu■ Hanoi” aud practic'd, Mr. Mill’s labors may prove to be of some benefit; but if Mr. Hill’s object lias simply been to tear the scab from the healing wound, to appeal to tlie bitterest prejudices and worst passions of our people, to keep alive sectional animosity, bate and malice, and to alienate, as much as possible, those who are compelled to live together under the same govern ment in the future—then fie has accom plished bis object without offering any sensible or practical remedy—lie lias done infinite harm; and the people of his Invn section, who arc the weaker and the conquered people, must be the greatest sufferers. In that case his labor has been the labor of an enemy who comes in the garb of a friend, de ceiving them to tlioir injury, and be trnying them with delusive hope. He cannot be your friend who advises you to do that which must result in your injury, aud in entailing upon you still greater miseries, without the possibility of practical benefit. Massing bv all the fustian, and pas sion, ami sell laudation, and assumed wisdom and statesmanship of the writer of the “ Notes on the Situation,” let us look at the proposed remedy, stripped ol all its bombast and ver bosity, and see i( it contains a single suggestion that is practical or even possible. If not it is simply the recur rence ol a similar convulsion recorded hundreds of years ago, when tlie moun tain labored and a ridiculous mouse was brought forth. Wlmt, then, is the relielfcvhich our political prophet pro poses,‘as a deliverance for our people, against the Military Rills and the power of tlie conqueror, in tlie present emer gency ? A country clergyman is said to have announced tlie division ol his sermon under three heads. I propose, said he, under the first head lo show what the Apostle did not mean; under the second head to show what he did mean, ami under the third head to get up a rouse tne.nl. generally• Now it seems that Mr. Hill’s notes were all written under the third head, aud his remedy hangs upon the following advice under that head, lie says, “I, therefore, beg every citizen, black and white, even the hum blent of the ten millions who inhabit these ten States, to remember—never forgot—that it is his riyhl —lii.s glorious, unpunishable, uulinpoaclmblu i:ii;ut, to resist every interference by any officer, high or lon - , with his property or Lis person, or his liberty under these Mili tary Bills.” And in the Atlanta speech lie advises them, before God and the country, to ffyht for and, if need be, die (or their rights. Is there anything practical in this? A (ter four years of gallant resistance, when we have surrendered ami given lip our arms, when we are “impover ished,” and have, as Mr. Mill says, given up “lour billions more of proper ty” “alter we were impoverished”— when the Government, with vast re sources, can bring a million of armed men in tlie field against us, is it sensible or practical to attempt to find a remedy in the renewal of the ffyht Will Mr. Hill lay aside hi S senatorial robes-and dignity this time, and shoul der a musket and go to tlie front and engage in the fight recommended by | him? We have not even his plcdycA that ha will. Thpn f dismiss that' part of the remedy as impracticable j nonsense, intended lo (all under the third head. Rathe proposes two other modes of | resistance. Let us see under which ! head they fall. Me again says; “ Every I officer, high or low, who seizes the I property of a citizen, under these Mili- I tary Bills, is a trespasser, subject to ! indictment and suits tor damages as individuals. That every such officer who arrests a citizen, under these bills, is guilty of false imprisonment, and subject likewise as ail individual; and is amenable to the writ of habeas corpus before any court, State or Federal, having jurisdiction to issue tins writ,” !Ie then advises all citizens, who are arrested or their property interfered with, to avail themselves of these remedies by suit, habeas corpus or iiulivtmeu/. i Mr. Ilill, whose “client is the written j Constitution,” by which, under all cir cumstances, he stands so resolutely and firmly, promises to aid them without I fee or reward whenever they see him at a court! Is this practicable ? The act of Congress expressly pro hibits any Judge of the United States Courts to interfere, or to entertain jurisdiction in any case arising under the execution of tho Military Bills. And tho Supreme Court of the United •States has, in the Georgia and Missis sippi cases, refused to entertain juris diction, and thwart the execution of these laws, because the question is political and belongs to the other de partments of the government- Then the United Slates Courts would neither entertain the suit nor the indictment, or grant the habeas corpus. Nothing practical yet. The act of Congress declares the present governments of the ten States illcyal, and authorizes the Commanding General to set aside the Judges or other officers at any moment of their pleasure. Suppose Gen. Pope orders the aryest of John Smith, in Atlanta, am] John j adepts Mr. Hill’s advice, and sues the j General for damages, and indicts him i for false imprisonment. The Hon. •John Collier, Judge of the Circuit, now h'>W s his office at flic will of Gen. Pops, and the grand jury sit only at i his pleasure. The act of Congress ex pressly denies to Judge Collier and the grand jury any jurisdiction in such ease. General Pope is placed litre to execute this aet of Congress. ('<msc qucntly it is mgda his duty to see that Judge Collier, who is subject tu re movti] at bis will, entertains jurisdic tion of no such case. Now, suppose the General should order the suit at, and the indictment dismissed j or suppose tlie Judge should grant a writ of habeas corpus for the release of John from imprisonment, and tlie General should refuse to obey it. The General, witli an act of Congress in bis favor, has the army of the United States at his bidding to execute bis orders. The Judge has the Sheriff with whom lo resist this army, xvho also holds his office at the pleasure of the General. •Who must prevail, the Judge or tlie General? Unless Mr. Hill, whose client is the written Constitution, should be there to represent John, it would seem that the General mast lie the victor. And it should not he overlooked by John, when he institutes his proceedings, that Mr. Mill's promise to represent him is subject to tlie condition that he secs Mr. Mill in Court at tlie time. Now it is at h ast possible, that here would be an insuperable obstacle in tlie way of John’s success. Mr. Mill would, of course, have to examine the written j Constitution very carefully before lie appeared in Court on that occasion ; and might conclude it to he as unconstitu tional for him to be there as it was for him to shoulder his gun and go to the front with the Troup county company, after lie had volunteered and pledged | himself to go- What practical efficacy, - then, is tu lie found iu this part ot the remedy ? The only remaining point in the remedy is summed up in Mr. Mill's own language in the following quotation : I earnestly linpe the pcopio of each of j the ten States will go boldly forward, and preserve aud continue their existing ,State j governments, and hold all election.- in the j manner and at the time prescribed by i existing .State Constitutions, will choose | officers qualified according to existing State j Constitutions and laws. If any citizen or j officer shall be interfered witli in exercising j his rights under these laws, or in discharg ing the duties of any office to which he may be chosen, let him mako tlio issue fearlessly. The law of Congress, as already re marked, declares the existing State governments illegal, and gives the military commander power to set them aside at pleasure. It also confers suffrage on the freed men, and allows.no election to be held till they, with tlie white men not dis franchised, are registered. The law also makes it the duty of the Commander of each Military District to see that its provisions are executed, and gives him all tlie military force necessary to that purpose. Now, suppose on the first Wednesday in October next, the people of Atlanta, or those within tlie reach of any oilier military force within the j State, deluded by Mr. Mill’s advice, j should open the polls and proceed to j hold an election for Governor, Mem bers of the Legislature, etc., and should allow none but white men, wdio arc qualified under existing State laws, to j vote. How long would the polls be j open before all engaged in the election i wonid bo under arrest and on their way to prison ? They would, however, have this single consolation, in tlioir misfor- j tune, Mr. Mill advised them “to make j the issue fearlessly." Again, suppose tlie elections were held in different parts of the State, j without tlio knowledge of tlio military, I and tlie Legislature elected should | assemble and attempt to inaugurate | tlie Governor elect. What does any j man, not blinded with passion, nor de- i inented with prejudice, suppose would j bo the result? They would lie treated *as l’rcsident Johnson treated the existing govci'ii niont of tlie State at tlie time of the mirronder. The Legislature would be forbidden to sit, and tlie Governor would lie arrested and imprisoned. And Mr. Hill, should lie attempt either to vote or bold office, in accordance with his advice to the people, would share the same fate. All who know him are doubtless satisfied that lie would not dare attempt to practice upon the advice which iie gives others on this subject. Like tlie other points in the proposed remedy, this, too, is utterly impracticable, delusive, decep tive, and hopeless. If Mr. Ilill is sincere in this advice let him ‘‘make the issue fearlessly.'' Let him have an election liciil under “existing Stale Constitution and laws,” and let him go and vote at it, or accept office under it. This will tost the question, and ns lie advises it, let him come forward qud take the responsibility, and lead his followers. Don't be afraid. Try it. You say there is no Constitu tional difficulty in tlie way. Come up to it like a man, “make the issue fear lessly,” yes, fearlessly and independently. That is the way to decide the contro versy. If you succeed we will soon bo rid ot military government and imgro suffrage. II you fail your followers will see yuur remedy is a humbug. XCMBE II VII. To recapitulate iu a few words the remedy discussed in my last : Mr. Hill advises the people— 1. If need be, before God aud the country, to renew the .ffyht and dir for tlioir lost rights. 2. To sue or indict General Mope, and all acting under the authority of Congress, in case they, or any of them, arrest any citizen or seize his property. 3. To maintain the existing .State Government independently of the act of Congress, and in defiance of the power of Gen. Mope, who is sustained by the act of Congress and the army of the United States. People of Georgia, this is tlie rem edy, the whole remedy, and every part of the remedy, that can be found in, or extracted from, the fourteen numbers of “Nutes on tlio Situation by B. 11. Ilill,” and in his Atlanta speech. It is the only grain of supposed wheat to be found in tlie entire bushel of chaff, and when examined it is found to be a defective grain of cheat. As the champion of words in Georgia can suggest no practical relict against “those Military Bills,” and as your rejection of the terms proposed bv them will again bring down the power of the conqueror upon you, and entail upon you the same disfranchisement ;v;id disability muler which Mr. jlifi chafes, | with confiscation o,f yo.ur properly to ) pay the war debt added, wlmt is best for yo.u to do? Will you renew the ! ffyht with a certainty of being whinued, aiid defy the Government, which has : the control over you, and thereby pro voke it to make yuur burdens still more grievous? If you do this in the hope of maintaining the right of Mr. Mill a;id ' others who are disfranchised, to hold office, you will find it a vain hope. 5 011 | may cause yourselves to be disfraii I cbised when Congress again meets, but j you can relieve none who arc now I disfranchised till it is the pleasure of Congress to grant the relief. Those who accept the terms bv Congress, and simport them in good faitlq if they have not held high politi cal position in connection with the rebellion, will. I have no doubt, be relieved very soon after reaousu'uc tion is completed. Those who do hot, cannot expect relief. You who have never held office have doubtless observed that the former pftten ! holders arc, as a general rule, the most bitter of all others against the present j plan of reconstruction. As all men are more or less ambitious for power, this is not unnatural. They have had the | benefits in the past, and as the fortunes I of war liave been against them, they ; must now stand aside for a time at j least, and live as you have always lived | without office. And while they are j excluded, such of you as may be se j footed from your own number, must ; come forward and fill the positions of honor and trust in their places. As society would still have existed, j and prosperity and happiness might j still have been hoped for, if ail of us j who arc now disfranchised had died when these acts of Congress were passed, we may still expect the country to exist, and the offices to be filled I alter we are disfranchised. Judging from tiro past, it is natural to conclude that if Congress had re quired it fiirtliersaeriliee of the people’s property, without interfering with the i oy/its of the leaders to hold afire, as the terms of settlement, it would have been as “promptly and cheerfully” yielded as they yielded slavery. But when Congress required the lenders to yield this right to settle the question, and save to the people the balance left them, how few have been willing to make this sacrifice for tlie public good. Those who have been accustomed to occupy the 'positions of honor and profit seem to think tlie country is ruined beyond redemption, if they are de prived of this right. Doubtless other men will rise up in the places of many ot them, as honest and as capable as they were, and tlie country will still prosper after they are forgotten. It is much to bo regretted that many of our loriuer leaders seem to employ all tlioir powers jn widening the breach, and stirring up our prejudices against the people ol the North. When the war raged this was natural. But when hostilities ceased it became unnatural. Enemies in war .should in peace be friends, is the precept of high authority. Suppose tlie leaders of the North had all been as active in arousing the bitter prejudices ol tlio masses against u.:, what would have been the result? Before this time our whole property would have been confiscated to pay tlie war debt, and all who voluntarily aided iu the rebellion would have been for ever disfranchised. If w« had been tlie conquerors, aud the people of tlie North the conquered, do you not believe tlie same .Southern leaders who now labor so faithfully to keep alive our passions and our prejudices against the people of the North, would have favored the' dictation ol as hard, nay, harder terms to them than they now prescribe to us? Mr. Mill, in his Savannah speech, above referred to, before (lie war began, laid down the terms upon which we were to allow them to come into the Union or Con federacy : alter wc had “burned their cities and devastated their country.” Ii tlicj' “came hutnblv enough as hew ers of wood and drawers of water they might come.” These are the terms upon which he and others, as Radical Southern leaders, proposed to allow them to come back into the Union after we conquered them. And many of the same men, who thou entertained this revengeful spirit, are now the men who denounce tlio governing men ol the North as perjured traitors fur proposing milder terms to us;. and all our people as perjured traitors who accept milder terms. Again, tlie masses of the Northern people have shown none of this re iontloss spirit toward us since the war. • fill' cities were burned and our country devastated by tlie war. This was followed by drought and a very short crop. Thousands of our people were on tlie very verge of starvation. Wc bad not the means of relief among ourselves. We appealed to tlie Im munity of the peoplo of tlie North, and they responded with noble and gener ous sympathy. Our agents who went among them to represent our destitu tion, distress and suffering, were not turned empty away. The people of the North lent a listening ear,and they opened their hearts, their houses, their granaries, and their purses, and contri buted hundreds ol thousands of dollars in value to tlie relief of our poor—to feed the hungry and clothe the naked, who, but a short time previous, Were enemies in arms against them. Even the Congress—that “fragmentary con clave of perjured-traitors,” as Mr- Hill calls the in, appropriated a large sum to '.lie relief of the suffering poor of the South as well those who had been rebels as those who were Union men In view .J those considerations, I most respectfully submit that all these mis chievous, malignant efforts of such leaders as Mr. Hill, and others actu ated by like motives, to arouse passion and influence prejudice against the people who have acted in this spirit toward us since the war, is iu bad late, unjust, unreasonable, and un grateful. It is true the people of the North claim to dictate tlie terms of peace, and it is equally true that if we had been the conquerors we should have maintained the same position. The question has been submitted to tlie arbitrament of the sword. The decision is against us iu this high court of our own selection, and we arc bound by tlie judgment and compelled to submit. Then, why all this fustian, and rant, and nonsense, after we aye whipped and are at the feet ol tlie conqueror, per fectly powerless? Why whimper, and whine, and snarl continually about what we have lost? Why not yield to our fate, hard as it is, like men, aud go to work, and try to build up again ? Why continue to irritate those who liave absolute power over us, and provoke them to become more exacting? Why should leaders so obstinately resist their own disfranchisement, when their success in tlie defeat of the Convention will not, in tlie end, relieve a single one ol them, but will terminats in tlie general disfraiichiseiqeui or the people who are their deluded followers? liCiUtcvs now say llioy lia.l rather remain under military government than submit, to the requirements of Congress. This will nut be allowed us. Holy upon U, the fortieth Con gross win not filially adjourn till these States are all reconstructed upon some terms, and readmitted to rep-esentiitiun. The people of the North demand this, and it will lie done, Uwe reconstruct upon the present terms, about nine tenths of the white men will remain voters. If we reject and vote down the Con vention, when Congress again meets in December it will ' aH act extending the ,'blrauehiset mini to every matt v.bo votes against the Convention, whether white or black, and probably to all others who volun tarily aided in the rebellion. lint it may Im gpkeil, yv!;y disfran chise a i my,, because he votes against tli o ii< niveutioii ! The re ply is, Cixu* representing the conqueror, has submitted it-: plan ib.y reconstruction and reatori'.tie.n of the Union, and the vote, of each tontq white or black, will be t.* j, s a test of bis loyally and willingness to see tlio Union re stored and peace once more estab lished. The tickets of all, black and white, will, no doubt, be numbered, and it will be an easy matter for tho Government to sec how each voted. The question is not whether wa will allow the freedmen to vote. That is already established beyond revocation. He is already registered, and the army stands at his back to see that he is not deprived of this right conferred by Congress. When they have ouco ex ercised this right, who is so blind as not to see that we cannot take it from them without a war of races. Having once exercised it they will fight for it, or continue to exercise it; and they will have the sympathy and support of a large majority of the people of the North. It is not wise to deceive ourselves on this point. Universal manhood suffrage is a fixed fact, however much we may deplore it. file whole question, then, is in a nutshell. It is not whether the freedmen shall \’ote, hut it is how many of tho while men shall vote? It may be said this will fasten negro government upon us, and we shall, therefore, vote down tlie Convention to avoid it. How does this help us? If we vote for a Convention, about nine tenths of the white men of Georgia will still be voters. It we vote down the Conven tion, Congress will extend tlie disfran chisement till probably not exceeding one tenth will be voters. Which will be the worst government for us, that ill which nine tenths of our own race retain tlie right to vote or that in which only one tenth have that right? Take Tennessee as an instance. Her government was set up before the war ended, and by her Constitution none but test-oath men, and a few other favorites of the powers that then ruled her, are allowed to vote. Os about 150,000 white citizens, only a little over 20.000 are voters. How gladly would the white people of Tennessee accept the terms tendered to us by the Military Bills, which would put the ballot box into the hands of nine tenths of the white men, when, at present, about oue soventli are voters. What sensible man desires to exchange position with them? And still Mr. Hill and other leaders advocate a mad policy that must, it successful, place Georgia in a worse condition than Tennessee now occupies; as our rejection of the terms will cause the disfranchisement of probably a larger proportion of our white people than the proportion now disfranchised in Tennessee. It was witli a view of doing all in my power to save our people from this alternative that I took position in advance for the acceptance, iu yood faith, of the terms prescribed by Con gress. I very well knew tho advantage which an unscrupulous opponent would have by appeals to the passions and prejudices of our people who have just passed through the war, with but little lime for reason to resume its control. I was well aware of the ease with which the wounds could be reopened, by inflammatory appeals and denun ciations. Ibe detraction and abuse which have been heaped upon me was not unexpected. But. whatever may have been our errors in the past, I entertain no doubt that our best interest in the future requires the prompt ac ceptance of the plan dictated by the conqueror. Having taken my posi tion in favor ol tho acceptance i»f the terms, after mature consideration— despising the vile slanderer whose delight, is detraction and abuse, and defying the surging, resistless tide of passions and prejudices which designing men are attempting to lash into fury for selfish ends, f shall stand ■immovably by my position. And I wnni the people to beware liow they subordinate tlioir reason to tlioir preju dices, which, if persisted in, will bring utter ruin upon themselves and their children. If you vote down the Con vention, preferring military govern ment, how long may it be° before Congress will direct the military com minute!* to assess a tax upon you, in addition to your present burdens, to support this military government, which seems at present t<> couiitiHiKl your admiration ! What guarantee liave you that General Mop.-, who has shown himself a wise, humane ruler, possess ing the qualities of the statesman as well as the General, will he continued as your commander ? He may die, or ho called to some other field of labor, and his successor may be destitute of the high qualities of head and heart possessed by him. But, however this may be, mark it— be not deceived. if yon vote down the Convention, in less than two years Georgia will bo reconstructed with a representation in Congress ; the great mass of white men in Georgia, includin'- all who vote against the Convention 0 , will be disfranchised; and there will be' a general confiscation of property to pay the war debt and pension of the Union soldiers who were disabled in the war. 1 ell mo not that this will be no worse than the present state of things. It will be infinitely worse than every candid man, controlled by reason and common sense, is obliged to admit. M is no escape to say, as Mr. Hill ami •others have said, that Congress' has no power to pass a confiscation act after the war is over, or that confisca tion is a war measure only. There is an act now on the statute book, passed tu July, 1802, while the war was raging, that confiscated almost the entire property of Georgia. This act, lias never been repealed.'" Mr. Stevwis arraigns the President for having failed to execute it. Continue to show a rebellious spirit, and it is only neces saiy tor Congress to pass a resolution or act, directing that the property already confiscated be seized, and instead ot its appropriation by the I resident to the use of the army, as directed by the original act, that'it be applied in payment of the war debt, and to pension wounded soldiers, and the work is done. If, it is said, as bus been charged, that my course is influenced by fear of tbe confiscation ot my property, 1 reply- a will every honest man who reads this, that ! have no wish to lose my property. But if confiscation must come ( can bear it as well as others can, 1 have a good profession by which I can make an maple support. And this ignore than Can' be said by thousands of Georgians. The home of a farmer, if is (a his own, is as much to him as vvfrat { have is to me, and 1 can live tta comfortably without mine as he can without his. My warning, then, is against a common calamity, in which 1 should only be a common sufferer with hundreds ot thousands'of others. [n eon elusion, I beg the reader to dismiss passion and prejudice, malig nity and hate, and . summon his reason, to his. support, and think calmly of what X have said, without reference to his like or dislike of me personally, and judge for himself, in view; fcf our con dition as a conquered pfoqde, and in the light of all the q,rtum.stances by which lie isj Burroßjdod, what is best for him 1° dft Vk Jwomoto his own interest and the public welfare.