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President any less authority for forcing overthrow of oor entire system of Be-]
Amendment he may desire, and so publican institutions ! '
rtvolntionizing the Government, than Iu a word, I ask “Law and Order",
Congress had for its most flagitious acts where in a single instance, since 1868J
having the same object and effect—the have these questions been fairly and
object and effect of both being the over- squarely presented by the Democracy;
ihiW of the free institutions of these North or South, has the election beed
States! Would not the certificate and lost by them? And is there a single
nvoclamation of the Secretary of State instance of their carrying an election
have the same force and be entitled to where they attempted to evade jhemxwfei
the same respectin the one case as m the the “ New Departure” policy, so-called3
other? . . .. , Wherein, then, is the “folly” or “a
I am addressing myself to the good surdity” of the policy I advocate? Whei
sense of “Laic and Order, ’ and want an I in is it extreme? How can it possibly 1
answer. Judge Stephens did say, in his looked upon as revolutionary?
“Swayze Speech,’’ that “The proclamation I Long as this letter is, Mr. Editor, „
(not acceptance) of a he does not ‘make it must ask your indulgence a little further J
\ e truth. . while I call the attention of “Law anaI
“Sir>" ®od he, “I know of no power— | Order" to another one of the “mistakes ii
> 0**1 ■* , * I *7 wuw WUIV/U JLO
jurisdiction to proclaim amendments to too much importance to permit to p;
the Constitution. ” And he was right to unnoticed in this correspondence,
the full extent of his meaning, as the this instance of “mistake in judgment,’’ 1
context shows; which was, that there is he couples me with ex-Govemor Hersch’ell
no Department in this Government which V. Johnson.
has jurisdiction to proclaim what is or He says in substance that after the wu.
what is not, ft valid amendment to the was over Gov. Johnson and myself, occu
Constitution, so as to estop either of the pying the position we did, ought to hav
other Departments from inquiring into accepted the situation, acquiesced in tb
the truth of it, or to restrain them by results of the war, and advised obedienc<-
any such proclamation from inquiring to the laws and Government of the United
intotho real facts of the case. '‘Law j States. If we had taken “this course’
atid Order" says: “To deny the exist- with “the Union men and Donglas De
ence of the lie, as an accomplished fact, mocracy of the South,” he says “it woul
if not in itself an untruth, is an untena- have restored quiet at home, disarme
ble absurdity,” Northern enmity and suspicion, and re
Bat in the case under consideration, suited in a speedy reconstruction, which
he should remember, it is not the exist- would have been unmarred by any op
ence of the lie that is denied, it is the ex- pressive and unconstitutional legislatioi
istence of the accomplished fact attempted | and policy, which now embarrass and in-!
to be established by the lie! The lie is suit the Southern people.”
fully recognized in all its hideousness, in Certaiuly a very grave charge is here
form and proportion. It is this which is laid to a “mistake in judgment” on the|
assailed. What the Court has got to do, part of myself and Gov. Johnson ! Bnt|
is to inquire into the truth of the matter is it sustained by the facts of the case ?
proclaimed; that is, whether the amend- Did not I, and Gov. Johnson both, ac-
ment has been proposed and adopted cept the situation at the dose of the war,'
•‘in the manner and by the authority con- with all of its results legitimate or otherwiset
siilutionally appointed." Did we not accept the abolition of slave-
But is said that the Supreme Court—a ry in good faith and forever as onel
.majority of whose members are Radi- of these results ? Did we not ad-
ca ls—will decide injfavor of the validity vise obedience to the Federal Laws ?l
of these “fraudulent amendments,” and Were they not universally obeyedl
therefore all appeals to the Court for in the State ?' Did not Gov. Johnson!
redress will be vain and useless. preside over the convention by which thel
To all who thus argue let it he made ordinance of secession was repealed, and
known that no case can reach that Court, the obligations of the State to the Fed-j
unless it ho first decided against the I cral Union resumed? Was not the State
prisoner in a Court below, and the Court I thereby restored Jto her “practical rela-
below is composed of a jury as well as tions to the Union”—the object for which
Judge. The jury will have an equel right the war was waged by Mr. Lincoln, as hi
with the Judge or Judges, as the case asserted ? Were not Gov. Johnson andl
may be, to pass upon the law, as well as myself elected to represent the State in'
iho/rtc/. Is it not casting an unjust im- the Senate of the United States ? Werr
putation upon American character to we not both refused onr seats ? Was no
suppose, or admit it to be possible, that the State of Georgia, after the tear wa
twelve intelligent, honest men, selected over and all of its results accepted and ac-
from the masses of the people, could be I quiesced in, refused all voice in. bothi
found in the United States who, under I houses of Federal Council ? Was it not,
oath as jurymen, would affirm the validity after all this, that those most infamou:
of these stupendous frauds against the acts of usurpation were concocted, an"
liberties of the country? But suppose passed by a Faction of conspiratoi
that packed juries shall be found base against the liberties of this country ?
enough to decide a3 base Radical Judges j Did not this Faction, by usurpation alone,
may direct them (as such were found in set themselves up as the Congress of the
the worst days of English history) shall United States? Are not these the facts!
the true friends of liberty therefore aban- of the case ? -How, then, I ask, can Gov,
•don the cause of its rescue and mainte- Johnson, or I, be charged in the remotesi
nance ? Did our ancestors ever prove degree with the responsibility of these!
thus recreant to the cause in their days of unconstitutional acts of hostile legislation'
trial? The people still have the impeach- against the South ? or rather I would say,
ing and other efficient constitutional of these acts of open war against the Con-1
Powers in their hands. stitution itself? For here was the begin-'
A majority of the true friends of the ning of that other war I have had occa-
'Constitution in the House of Representa- sion so often lately to refer to—that war
tives alone will be sufficient to bring about against the Constitution and liberties of
a completeratificating of all these wrongs, this country, which was begun after the
But “Law and Order" assumes that a war against secession was over, and after
majority of Die Peoples of the United all of its results were secured.
■State are not now prepared(withthe“sweat These amendments are now claimed
of the war” still upon the “brow of the I by these usurpers as the legitimate re-
North”) to pronounce judgment of con- suits of their war against the Constitu-
•demnation upon these usurpations, by tion. It is the claimed results of this
electing either aPresiclent or majority to war we are now called upon to accept and
the House upon this direct issue. Upon sanction. This I shall never do. Nay.
what gronnds does he rest the assump- more, I say to “Law and Order,” tha
tion? Did he not, in his first letter to whenever they are accepted as legitimab
me, say that “'four-fifths” of the people and rightful by the Peoples of thesi
of the United States “are devotedly at- States, the days of their liberties will b
lacked to Republican principles and in- numbered, at least for a season,
stitntions?” Please, Mr. Editor, excuse a few wordi
Is it possible that any people, so at- more:
tached to the principles of free institu- My correspondent, unknown to me,
tions, can be unprepared, now and at all presents at the close of *his second letter,
times, to pronouuce judgment of con- a programme cf action on the part of the
demnation against such usurpations of Democracy, which he thinks will lead to|
popular rights and rights of States as an expulsion from their places of the
these so called amendments are based “Radical Faction now holding high car-
solely upon? nival” in the “consecrated halls” of the
Upon this point of popular sentiment “Republic!” The programme consistsl
in the United States, iu regard to the in a united assault against a the men in
usurpations upon which these amend- power by the Democratic party, hormo
mentsrest, I am at direct issue with him. nionaly rallied under a flag bearing thi
Is it not notorious that a majority of stirring words of “Down with the Radi-]
the voters in 1868 were ready to pro- cals!—Down with the Bayonet!—Down
nounco judgment of condemnation with the Sword!” and other very appro-
against them, under the Blair pro- priate appeals. Now, all this I say to
gramme, and would have done it, if over my correspondent I heartily approve as
three hundred thousand of them had not far as it goes. He is, in this particular,
been shamefully disfranchised, as they on the right line. But pray, let me ask
were, by open and palpable usurpations; him, why go before the people with the
and this, too, even when “the sweat of the cry of “Down with the Radicals!—Down
war”was a good deal less “wiped from the with the Bayonet!—Down with the
brow of the North” than it now is? Sword?” Is it not chiefly because of
These three hundred and odd thou- their usurpations and their use«of the
sand, then so disfranchised, are now per- bayonet in controlling elections? Be-
mitted to vote. cause of their resort to the sword in put-
But even as it was, with this large ting ten States, and near ten millions of
number of disfranchised, and with the people,under military rule,and attempting
desertion of the New York World, which to foist upon the country a constitutional
now leads the “New Departure” move- amendment by revolutionary measures?
ment, is it not well known that a Then, why tie the tongue of
change of less than fifty thousand voters, \yonr speakers (as the New De-
distributed in four of the States parture proposes) and trammel the!
North, where there was no disfranchise- pen of your writers, and “handi-
meut, would have chauged the result cap" every efficient man in the line, by
of that election ? Upon what, therefore, ! enjoining silence upon the greatest of all
is all this “ hue and cry” against the misdeeds and Enormities of those to be
Democratic Platform of 1868, based; ex- dislodged from power? Why forbid any-
cept upon the clamor of those who thing ueiog written, or said, against the
abandoned it, in the hour of its trial ? foulest of all their usurpations ? What
How does “Law and Ortfer” reach his effect will such a course have upon the
hasty conclusion that the Peoples of the honest masses, moved in their action by
United States are so lost to all sense of I principle, truth and right? Will it .not
right, justice, principle and truth; and | be just that effect which it had last spring,
so utterly degenerate iu their apprecia- | in Connecticut, and that which it has
tion of the priceless heritage of liberty, had recently in California ? The pro
as to he ten-prepared now to pronounce gramme, I say, is very good as far as it
sentence of condemnation, not only goes, but as it stands, it is the play of
against these amendments, but tlieir j Hamlet with Hamlet left out. To make
authors ? Did not Connecticut, a State ! a grand rally of the Democracy against
which voted against the Democratic can- the party in power with a view of turning
didates in 1868, last year denounce these them out for what they have done, they
amendments, and carry the elections upon must be arraigned before the bar of pub-
the denunciation? Did not California, lie justice for their highest crimes, as well
standing in the same position do the | as their smaller offenses,
same thing ? Is not the same true of j j would say, let the words upon tliei
ludiaua ? All Northern States ? If the banner be changed somewhat from thosi
Democracy of Connecticut lost the elec- submitted to me—let this, instead of th
tion this year was it not because they took one proposed, be the slogan of the United]
after the “New Departure?” Is not — .... * . •>. .
this also true as to the late election in
California ?
What Congressional district in Ohio
was rescued last year from the Radicals
but the Dayton, where Lewis D. Camp
bell defeated Robert C. Sellenck, opening
Ihe campaign and continuing it with un
sparing denunciation of the usurpations
of the Ruling Dynasty at Washingtoin,
- including the 15th Amendment, so-called,
and charging upon them designs for the
illUN.
•v .C;i;
Democracy—to go forth from liill-toi>|
and valley—from the mountains to the
sea coast, and lakes—everywhere—from|
ocean to ocean—“ Down with the Radi-
“cals ! Down with the Bayonet! Down\
“with usurpations, and away with the ?/i-|
“famous frauds attempted to be set up by\
“them!" , I
“ Up with the Constitution ! Up with|
“a restoration of. Liberty, Peace, Hnr-
“ mony, * Law and Order.' ”
Alexander H. Stetuens.
'residency of tlie Georgia)
State Senate.
Wm. M. Reese wants to be President of ou:
Itate Senate.—Atlanta Era.
Je notice the above simply to say tha
know that Judge Reese’s position if
Irepresented. He does not “ want ” i
T President of the Senate, but prefer!
fretain his seat on the floor ; but if tin
embers of the Senate think it advisable]
place him in the President’s chair, be
Fill endeavor to serve the State as faith-'
lly in that position as he would other-
'se as a mere member of the Senate.
[Judge, Reese’s “friends” will urge his
kirns for the position named, and inde-
Ptndent of his inclinations in the mat
er.—Chronicle and Sentinel (.Augusta,
la.) 28th Sept, 1871.
If any better man, or any member of
le Senate elect, better fitted and’ quali-
led for the high and responsible position
jf presiding over that Body in the next
General Assembly of the State can be
lamed, let him be mentioned. We know
Fudge Reese well, and believe him to be
able, competent and true—a man who,
in these times of corruption in high
[places, will, in all things, vindicate the
faotto of the State, in the discharge of
[lie duties of this, or any other office, by
Itke exercise of “Wisdom, Justice and
Imoderation” A. H. S.
What a Cotei
^aysofTh
The Atlanta Sun.—We consider this
the ablest paper on our exchange list,
and we look for its arrival with the same
anxiety as we do the train, for it brings
to usj such a feast of good things. The
political department of the paper is un
der the editorial* control of the Hon.
Alexander H.Stephenfrtbe Vice President
of the latf|Southern, Confederacy. This
announcement cf itself is enough to
satisfy the public of the great ability with
which it is conducted. Mr. S. is oppos
ed to the “new departure” and we think
in this he errs; still we like to read his
articles in defense of his position, if they
are * ‘five columns long. ” The paper has
our best wishes for its success, and we
think it already firmly established, by
the way the subscribers pour into it, at
the rate of over a hundred a day. It is
a large eight page paper, containing
very few advertisements, and is furnished
to clubs at only $1,50 a year.
Single subscriptions $2. Address J.
Henly Smith, Publisher, Atlanta. Ga.—
The Observer Rockingham N. C., Sept,
23rd, 1871.
The Killing of Gen. Clanton.
The slaying of Gen. J. H. Clanton, of
Alabama, is one of those events that bring
sorrow to the hearts of the people
throughout a large scope of country. The
deceased was a man that was well known
and respected for his many fine traits of
character. He was distinguished for
bravery, for his intellect and for fine
moral worth, and those who knew him
best, held him in highest esteem. His
influence was great among the people of
his State, and it extended to all parties.
Though he was a Democrat, members of
the opposite party were forced to enter
tain the highest respect for him; know
ing him to he an honest, brave and true
man.
There being a general desire to know
something of the circumstances which
led to his death, the, following facts are
condensed from the telegraphic reports
in the Montgomery Advertiser. General
Clanton had gone to Knoxville on busi
ness before the courts, connected with
the Alabama and Chattanooga Railroad,
and had argued the case the day he was
killed. Five minutes before he was shot
he had never seen Col. Nelson
About 6 o’clock in the evening, Gen
eral Clanton, in company with a
noxville friend, met Col. D. M.
elson, who was accompanied by
|Col. Tomlinson Fort, of Chattanooga.
Clanton and Nelson, who had never met
efore, were introduced by Fort. Nelson
d been drinking, and after two or three
utes’ conversation he made a remark
uestioning Clanton’s courage. Clanton
d: “Do I look as if I was afraid ?”—
elson said: “Ido not knotf whether
on do or not.” More words passed,
-hen the other gentlemen, apprehending
difficulty, attempted to pacify them,
inally, Clanton said: “Name yonr
riend, time and place and try me.
elson said : “Now will do as well
dozen men had gathered. Clantcn
stepped out into the street and Nelson
ran into a store, got a double-barreled
1 shot gun and came out under an awning
where he thought Clanton could not see
I him. Immediately the crowd*scattered
I Nelson then rested his gun on the side 5
I a door-frame and fired, missing Clanton.
Clanton drew a pistol and fired at ran-
I dom. Nelson then fired a second shot,
which struck Clanton in front and in the
upper part of his arm, breaking it. Four
buckshot entered Clanton’s right breast,
whereupon he sank down and died in
stantly. Nelson ran -off through the
store, got his horse, and rode out of
I town.
The above facts were elicited by the
Coroner’s investigation, upon the testi
mony of Col. Port and Judge C: F. Trigg,
both of whom witnessed the shooting.
Nelson escaped after tlie shooting and
fled from the city. His father, Judge T..
A. R. Nelson, sent two of his other sons
out with the Sheriff to help find and
bring him back. Nelson served in tho
Federal army daring the war, while Clan
ton fought with the Confederates..
Thus out of a most trivial matter has
speung a calamity that has stricken two
families with grief, and one that causes
sorrow throughout the entire South.,
The New York Globe says: “An-
na Dickinson does not believe in the re-
election of Gen. Grant. She and Horace
Greeley can yoke their teams together
now.” In making this suggestion, the
Globe is probably moved by the fact that
Dr. Greeley’s immense knowledge of ag
riculture will enable him to manage tho
unruly heifer-
► ♦ ——
Railroad. Freights.
A prominent tobacco merchant told us.
yesterday that he shipped from his store
on wagons for a town in Alabama, near
the Georgia line, and about twenty miles,
above West Point, several loads of tobac
co. The purchaser found by “actual ex
perience that he could have his goods,
from this market delivered to him at less,
expense than if sent by rail. For in
stance : The tariff by rail on first-class,
goods from here to West Point is about
$1.60; then to haul them by wagon
twenty miles would make it near $2.00
per hundred. By taking them direct
from the store here in wagons, it only
costs him $1.25 per hundred pounds de
livered at his Alabama store, distance
nearly a hundred miles.
This is only another argument in favor
of building the Georgia Western Road.
There is a vast extent of territory of Al
abama through which this road will pass,
hich, when completed, will relieve the
people of a now heavy burden in the way
of freights, and immensely increase the
trade of Atlanta.
While in Dalton last year, the writer
of this heard the merchants of that city
say they could buy goods in Atlanta as
advantageously as in New York ; but they
only wished to purchase small stooks at a
time, paying cash, and that they would
trade here wer^the cost of travel on the
railroad not so. great. The remark was
that it cost $10 to make the trip to this
city and return, and that expense would
take out a pile of the profits on $300 to
$500 worth of goods.
We present these facts simply for con
sideration. Let the people of Atlanta
think seriously about their interest in this
subject.
*-9—4
DAILY PROCEEDINGS OF THE
SUPREME COURT.
Supreme Court of Georgia, |
September 29, 1871. j
Argument of Nc. 19.—Payne, adminis
trator, vs. Ormond, et cd., ejectment from
Fulton, was concluded:
No. 30.—The last case on the Atlanta
Circuit was called. It is M. O. Mark
ham, vs. C. W. Hunnicutt, equity from
Fulton. Pope and Brown for plaintiff in
error. Collier and Hoyt, Mynatt, contra;
Lochrane, C. J., not presiding in this
case.
Pending the reading the record Court
adjourned till 10 o’clock a. m. to-morrow.
Atlanta, Ga., Sept. 30, 1871.
Argument of No. 33—Atlanta Circuit
—M. O. Markham vs. C. W.JHunnicutt—
was concluded. „ *
Argument was heard in the following
cases from the Rome Circuit, viz:
No. 1—John Puryear vs. The State—
Misdemeanor from Walker. W. H. Dab
ney for plain till in error; C. D. Forsyth,
by J. W. H. Underwood, contra.
No. 2—Mary A. Mosely, Administra
trix, vs. Wm. Hogg—Complaint from
Polk. Thompson & Turner, E. N.
Broyles, for plaintiff in error; no ap
pearance for defendant.
No. 8 was next taken up by consent.
It is Carhart & Bro. vs. M. E. Paramore.
Complaint from Floyd. Wright & A’ex-
der for plaintiffs in error; Underwood &
Rowell, Smith & Alexander, contra.
No. 3 was taken up. It is John D.
Smith, et al., vs. P. L. Turnly, Adminis
tratrix—Distress warrant from Floyd.—
W. D. Elam, by E. N. Broyles, for plain
tiff in error; Underwood & Rowell, con
tra.
Pending the argument of this case
Court adjourned till 10 o’clock, a. m.,
Tuesday next. *
Monday is consultation day, as usual.
\ Negro Killed.
Night before last a negro was run over
and killed just below Altoona on the
State Road. His mutilated remains were
not discorded until daylight, when the
next passenger train took them to Altoona.
He was so badly mutilated that he could
not be identified. The train dragged his
body three hundred yards.
A few evenings ago a negro man was
representing that he was from Madison,
in the city hunting for the United States
. District Attorney, to swear out warrants
any other time: step out into the J against certain parties in Morgan county,
reet. In the meanwhile about a * charged with Ku-Kluxism.
