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T H E A 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.