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