Newspaper Page Text
VOL. 2-NO. 123.
Dailv News and Herald.
SAVANNAH, GEORGIA, SATURDAY, JUNE 2. 1866.
PRICE. 5 CENTS.
PUBLISHKD BY
s. W. MASON.
ill Hay Street, ^ayaknail Qw>
A i
Q. Have they capacity to learn ? A. Tcrsome extent
they hare. The little children learn rapidly to read
and write. But their capacity is limited, I think.
They are imitative, but without ambition. They will
learn, but cannot apply their learning.
Q. Has not this been caused by their long degrada
tion in slavery? Will they not now have sufficient
stimulus to produce a different result ? A. We be
lieve not. In fact we view the whole matter from a
stand point so different from that of Northern men
that there is little room for debate.
Q. Will you state whether you are not a believer in
slavery, and whether most Southern men share your
opinion ? A. Emphatically so. I believe that so far
trom the black mail's degradation by slavery, he was
exalted by it, and that to the best condition he has
ever enjoyed, and to the best of which, as a race., he
is capable. For some thousands of years he lias been
in contact with white civilizations, and has ever as
pired to serve the master race. He seeks the menial
employments, wherever he is found. Even in North
ern States, alter half a century of freedom, I find him
uo where teaching your schools, filling your pulpits or
Legislative halls ; but blacking your boots and clean
ing your stables and ditches. By appropriating him
to this department and to manuel industry, taking
his service and paying him by thinking and providing
for him we believe we served God and the cause of
humanity.
And as the questions have led to this point, please
to indulge me in reciting some of the evidence that
my researches have furnished, that this people have
seen their best condition and will never flourish
again.
Q. Certainly. Proceed. A. Our census-takers fur
nish industrial and vital statistics from which there is
no appeal. They show three points that I will state
from memory.
1. The free black in the Northern States, in spite of
the continual supplies from the South, decreased, in
the last decennial period, nearly eight per cent, in
uumbers.
2. The free blacks of the Southern States increased
about as much, making a difference of sixteen per
cent, while
3. The slave black by his side increased twenty-four
per cent, in numbers.
Taking, then, the axiom of political science, that the
reproductiveness of a people is the most unfailing evi
dence oi their social condition, the slave black has
been in a better coudition than an3 r other people, white
or black, on this continent. It iH to this conclusion
i hat you may impute our tenacity in defending the
system. Our experience had taught us how to con
sult the best interest of both races, and we found them
in precise harmony; believed the blacks were de
signed by Providence as a supplement to the white
race, and that to this institution, in part, we owed the
higher civilization we claimed.
Q. Please define what you mean by “higher civili
zation?” A. The pride of character, the chivalrous
tone, and the lil&rality and hospitalities of our people;
the broad views and great genius of our public men;
the delicacy, modesty and refinement, and yet the
lofty spirit of our women. We had a society without
gossip, envy or fanaticism; a population of millions
without beggars or paupers. Whether this was
higher civilization is matter of opinion. Certainly it
had a different type, and oue which would not longer
harmonize with yours; and hence the necessity, as we
believed, of separation.
Q. Then you were a Secessionist originally?
No; I was a revolutionist, and this merged, in my
view, all minor questions of a State’s right to secede.
The right of a people to change their rulers and their
form of government was questionable only with ty
rants, and such I was ready to resiSt from the date of
Mr. Lincoln's election.
Q. Was this the general view of Texans, or were
there many who opposed it? A. There were many
who voted against secession, but a large majority for
I do not remember the difference. But after the
vote was taken, and the result declared, the people
were nearly a unit in support of the measure.
Q. Tliero were then not many loyal people in Texas?
A. They were almost unanimously loyal—that is, to
their Government. A few men of influence and cha
racter left the State under the influence of the Presi
dent's proclamation giving forty days for departure;
and a few men who had wielded influence remained,
utterly without influence, but opposed, as was under
stood, to the Government.
Q. Were such persons safe?
A. Not entirely so. An expression of their opposi
tion would have endangered the best of them. They
received such epithets as Southern sympathizers in
your Northern States, but were not so generally
punished. Some were arrested.
Q. Were many put to death ?
our surrender aud parole. I that 1 k ' u0 "’ of - tt T wa9 stat f d that ’ ou the
itli. We need uo watching, “ e were hung. I was not in service m
° that quarter, aud such obituaries were not likely to bo
published.
Q. Are they safe now in returning ? A. Many have
returned, and I believe all are unmolested. General
ly they are not much respected. Some are now iu the
Convention. Oue is Governor.
Q, What portion of the Convention are known as
Union men ? A. I am not informed. I have seen
a statement that eleven were what we term Bad-4
cals.
Q. What will your Convention probably do ? A. I
believe they will acquiesce in all that has been pre
scribed to States reorganizing, viz: the abolition of
slavery by the Government of the United States; the
surrender of secession; the repudiation or the Con
federate debt, and the recognition of civil rights in the
late slave.
Q. Will the people of Texas probably prepare for
the enfranchisement of the negro, or such of them as
may meet certain qualifications of property and in
telligence ? A. Never, as I believe. They hold to a
distinction of race that they have a repugnance to
compromise. They do not believe in the capacity of
the negro for republican citizenship, and if they did,
will not consent to affiliate with him. In this they
are probably as stubborn as the people of the North,
who, like them, feel the repugnance of race that God
has planted in our instinct^.
Q. You stated in the former part of your testimony
that the census tables exhibit a great disparity in the
reproductive power of the negro in ireedom and
slavery. Please state to the Committee how you account
for the difference. A. The difference between the free
blacks, Nol’th and South, is chiefly due to climate, I
believe, the tropica being the native clime of the
negro. But it maj - be partially due to the readiness
with which all destitution is relieved at the South. As
before, we have no poorhouses antkno beggars. The
difference between the free aud slave blacks is chie^y
due to two special causes—the care w r e take of infants,
and the protection of the marriage relation in slavery.
Th<? discipline and police of the plantation enforces
faithfulness in husband and wife, aud secures, as a
consequence, the prolifigacy of families. There is little
continence in the race, free or slave, and no pride of
chastity. Promiscuous commerce is fatal to fecundity.
This is recognized almost universally by those who
know them well by close observation. Negro mothers
are proverbially reckless of, and cruel to, their off
spring. Blacks, whether infant or adult, have little of
the vital force to resist disease that whites have. When
they get sick, unless well cared for, they die. The
owner’s interest in his slave (and possibly a little
sense of duty aud humanity) prompts him to take care
of every life. N nrseries are established on plantations,
supervised by the doctor and the mistress, that save
the lives of infants. The mother only comes to nurse
her child, aud is too happy to b6 rid of further care.
She has little of the affection for her young that char
acterizes white mothers, or many of the lower animals.
Her devotion to the children of her mistress is ofton
far greater" than to her own. These facts will explain
why the negroes lately emancipated are dying so fear-
full y. They have to thank the emancipator for taking
the life of one of every four, in this brief time; and
the process will continue, iu spite of Faneuil and
Exeter Halls,'Civil Rights bills, and the Freedmen’s
Bureau. Even the luxury of voting would not save
the race from the doom of freedom and death.
Q. Has the mortality been no great as represented ?
A. I believe it has never been exaggerated. I have
seen it estimated at one-fourth the whole number, and
do not think it too great a figure. Had slavery given
as many stripes, all Christendom would have been
horrified. Emancipation, black with its million graves,
gets only pa»ans of praise the world over. Time and
history will, we believe, change the song, despite the
hurried records and willing testimony of the Lossings,
the Abbotts, and the Bancrofts.
Q. Is the good order yon represent in the Southern
States the result of total abandonment of the struggle,
or is it from the temporary necessity of quiet? Would
the struggle be willingly resumed ? A. Permit me
to explaiu in reply to these queries. Thero is no in
tention anywhere to renew the contest. When we sur
rendered and were paroled, we did so in good faith,
and will keep our parole as long as the conditions are
fulfilled. To doubt this is to mistake entirely the
Southern character. When they surrendered they
gave it up; and any doubt of their good faith is offen
sive, so much so that, personally, they will resent it.
They surrendered as men, as your equals upon hon
orable tprms, and will keep faith to the letter, and
fight those who doubt it.
Q. What did they give up ?
questions at stake,
Q. What were those questions as you understood
them ? A. The right to a separate nationality and in
dependence, on our part. A central government,
ignoring State rights, and the destruction of slavery,
on the part of the United States.
Q. You speak, of the terms of submission. Wh
terms do you mean ? A. Those stipulated in actual
surrender, of protection in person and property, so
long as we should obey the laws ; and those submitted
by the President of the United States in his procla-
illations and plan of reorganization. ThuB far we have
endeavored to comply with all requirements, reason
able and oppressive, and held our peace, lest com
plaint! might be misconstrued into disloyalty, as they
have been elsewhere.
Q. Ia the present leeling the same as heretofore ?
A I think not. The return of good feelmg haa been
greatly repressed, I think, by the rejection of mem
• Five Ccnt9.
*3 to.
YcVif ilO 00.
AJlVF.BTISI.nQ;
V er Square of Ten Lines for first in-
1 om: Dollar for each subsequent one.
f t j <» H PRINTING,
?er y piyir, neatly and promptly done.
^>*11 MOW BEFOllE THE COMMIT
TEE OF FIFTEEN.
Bold Witness on tlie Stand.
fh* Presence ol the Military Unnecessary
and Injurious, and tlie Bureau
a Nuisance.
i i.XTKAL DIRECTORY CATCH A TARTAR.
(From the Richmond Whig.]
find in the New York News of last Thursday the
.ui.ny In lore “the Central Directory” at Washing-
i « ■!. 1‘orshey, of Texas, copied by the News
u r-aus paper, in which it was published by CoL
! y himself. Col. F. was summoned before the
: ml toe at tlie instance of Hon. Reverdy Johnson,
| Rryland. His answers to the interrogatories pro-
i« d to bin: by its members are precise, perti-
jii.l pregnant to a degree that wo have observed
-.■•testimony of no other witness. The Committee,
•ms-hided as most of them are, must have felt
s rlists pretty keenly. We append the questions
’jhwcih in lull:
•vt'oUN BY THE CHAIRMAN OF THE COMMITTEE.
, ot wliat .State are you a resident, and how
A. I have resided twelve years iu Texas.
11 mi what State did you emigrate to Texas ? A.
I'uuitoboa Virginian, though chiefly reared iu
whither my father removed from Virginia in my
[ I : 1 received my collegiato education at
[••on College, Ohio, my military and scientific ele-
L.sat West Point; my life of manhood has been
[ ’ : .a Louisiana and Texas.
f Have you been in the rebel service, and in what
I A. I have served during the war—was Lieut.
[‘ - l. i Engineers, chiefly engaged iu the defences
I/i the Mississippi.
I What knowledge have you of the condition and
I .m m .if tin* people of the Slates lately in rebel-
l ^.aisi the United States? A. I think I have
I i knowledge as to the three Southwestern
I -.. i which my acquaintance is very extensive,
1.1-rliaps may assume to have a fair degree of
I :i Knowledge as to tlie other Confederate States,
I l have m ide the matter a continual subject
,ury and observation, aud without knowing
^uiiii information desired, will answer when I
’ what is the state of public order and obedience
l umd States authorities in Texas, and the
relates of which you have knowledge? A. Good
. whedieuce are universal in Texas and else-
:.s I believe. It lias never been otherwise in
. unless possibly ou the Rio Grando frontier
luv l»; occasional exceptions among the turbu-
mrlictcrs, that have uo special habitation either
. f jin- border.
11. ist state whether that good order you describe
: * ill.- presence and authority of tlie United
mtr .ms, and whether, upon their removal, there
J u-t be disorder aud disloyalty ? A. It is cer-
l .a no degree due to the presence of troops.
any exceptions to the remark may bo imputed
v. irritating fact that soldiers are about. Their
..il would be everywhere-a public blessing, un
it .m the frontier to guard against Iudiaus
Itiiean robbers.
u> do you say “irritating?” are they not well
J'* A. Generally they’ arc, but their presence
rstood us an emblem of our submission,
i yonet is a symbol of our subjugation, and is
us an evidence that
received in good faith.
;irally dislike the guards that watch us.
aid loyal men bo safe among you without
i protection ? A. All men were safe before
us any Federal authority among us. After the
1,-r we wore months without officers or iaw.
i.r.h-r vacated or annulled all official functions,
rot-.I us of every species of legal restraint, and
furnished no substitute for the authority
-... d Troops have not at anytime reached
ilur generally, and yet, throughout the vast
iYvis, just replenished by the return of fifty
«,.d •h'iunded soldiers, there was as good order,
- mu h respect for rights and morals as in any
.u. : t.»lco, or elsewhere. I regard it as a great
,;r civilization; I wish the fact to be put on re-
.. mr i.i\«*r. Tun same was true, as I believe, in
. [ southern States. Not a single resistance
authority has ever taken place to the pre-
m,l when it is considered that nearly half a
. in. ii luivo j(1*31 »etuined from u conflict ol
•■air, .ii which they have f- Utfht lor national hie
. .. we think they should claim a respect that
remove sentinels and disband the armies,
ltd black, that watch us.
k.1 ^. ncrally believed that the troop9 are kept
. ic (ht -people? A. l’erliaps that would too
. \press it. They feel it is calculated to
. mid that those who order it are reckless of
•Vi believe it to bo obvious to all, both North
li, that negro troops placed to guard their
is viewed with repuguance and proper
n by every mau, woman and child of true
tlie‘South; and some of the military treat-
lu South is accepted by them as intended to
m gro troops been generally sent as garri-
exas v A. Fortunately they have not. On
r they have been scut in great numbers,
.• \. i> little population there and do not
ualvcston they have had them, but only
: . i from other service. I fear that the re-
..ki hn\ i been serious had they been geuer-
•i cugh Texas. There are some tliiugsqur
• kl.irs w*»uid not hear, and I believe that is
icrqmstiou as to the safety of loyal meu I
daily answered. From the time of surren-
1 wel.: ue» uts and drummers, aud cotton buy-
twi... Northern States all over Texas; and at
ilmy and other emigrants and travellers
loyal States, so-called, probably number
>in It-xas. In no case have they been in-
i. su f.u as I know. If there have been ex
tra wiTe doubtless the result of imprudent
r ivnsorious language. This will provoke
si iYt' rt aud chastisement anywhere in
.. who mind their owl; business will be
* : d It ib one of our habits to mind our own
<uiu t.icxpect aud require it of others. We
• ive meu who bring capital to help us
shattered fortunes, and do not care whence'
I believe these re-marks hold good for all
Giifcderate States.
• jur people view the Freedmen’s Bureau as
• ao.i needful institution, aud profitable in
• •I'ii.'huieBt of negro labor ? A. They do m>t.
G lay own observation and the testimiffiy
•alliances, with whom 1 have just compared
- Uihve flistaut portions of our great State,
•iweottlu Freedmen’s Bureau is universally
•' •‘lid the institution is viewed by the peo-
• s; uuaunnoubly, as a nuisance. This remark
accurfliug to my information, to the other
A. For various causes ; the Bureau is
1 fur as I can learn, by persons having
c l our people or of the negroes; they
J import id from a distance and are autag-
- - feeling to the people, aud self-sufficient as
and their despotic power seems to
rjflnifcd thi-ir heads; even when * well disposed
i they are so profoundly ignorant of
; : f l tkey have to deal with, as to blunder con-
excite ridicule; in Texas we have been
•11 the ehief of the Bureau, who was a
1 exceedingly self-sufficient man; he be-
. o-ichiug to the negroes, and offending so-
social treatment of them; we don’t need
* 1,1 tench us social relation or a labor sys-
[ ■■■ J-ffeuded nsjby bis arrogance, and turned
‘the pi*>r ignorant negroes.
' '■ manage tbe institution better your-
'ould you r people deal fairly aud humanely
•-Tpas’. flic institution Is offensive iu
| • ‘ nuisance iu practice. If left to ourselves
l *•’ '■! it, as tbe only management it deserves.
L ‘ Kvbably pass but few laws relating to tbe
■■■ L-t '.v(iy^fc.,ot apply to whites; and as to
Hit- best aud ouly real friend the negro
“■ is his old master. This the poor deluded
' iH.t discovering, and many thousands
| . ’ to their former homes, tired of the free-
- ''’upon them, which they never sought.
_ i ' -uM you better the matter? Would tbe
Li i -H" - n '* ru to slavery 1 A. There is no
■ or disposition anywhere to re-enslave the
. ,' fc ! tegard that as entirely a settled ques-
_ '/‘-'l- oTU.lr if they desired it. It would he
. f,u tuy part to submit a plan eitempo-
•’ pen which our people would work. I can
- :v ‘be views of a private citizen, who has
t. in, ,, r aspired to, political position. I
iaud believe it would find favor with
stlcla legislation as should, compel all men
" i!tl their contracts for services, in kind.
enlly. We have not respectable material for that
purpose, if so disposed. One- or two men, such as
Judge Hancock aud Judge Evans, who have been
spoken of for the Senate, and who have preserved
their integrity and respect for their people, though
disagreeing with them in the matter of secession,
might be elected as a compromise; bat they under
stand an election as giving them a choice, and they
could not choose the men they have been fighting,and
who have aided in their subjugation. Certainlyrthay
expect admission on reorganization, as a part of the
bond, but will not be greatly disappointed at a rejec
tion, common to the other States. If they are read
mitted, they will deem it but in accordance with the
plan they accepted in good faith. If not, there are
many who wili say, “that is just what we said before;
we are out oi the Union;" and many would be very
glad of the result, if it could be done with peace; per
haps three-fourths of the State. But they all desire
peace above all things, and will do nothing to provoke
further trouble. This they have amply proved by
submitting to such unreasonable exaction as they
think. The best, and I think the only method of
staying the ebb tide of good feeling would be at once
to withdraw all troops from among the people of the
South, except at the coast and frontier garrisons, to
disband the entire negro force, to abolish every vest
ige of the Freedmen’s Bureau, and to adjpit the rep
resentatives of the revolutionary States, -*po& tiw situ ■
gle condition ot their taking the oath required by tbe
Constitution. Time will doubtless, in this-rCgse, as-*
snage feelings that have been too intensely enlisted ti>
subside at once.
Their arms and tbe
Graves of tlxc Confederate Read in Vir
ginia.
It will be gratifying to those of our readers who
have relatives and friends among the Confederates
who fell in the battles around Richmond to know that
their graves are not neglected. We take the following
from the Richmond Whig of Tuesday last:
In the Grave Yard.—Their spirits have passed
away, their bones are mouldering iiOp dust, but their
memories will be, as they ought to be, fresh and green
iu the hearts of or oeople forever. They rose in dark
and evil days, tin \lfant Confederates, to strike for
native land, but* \ final victory did not crown
their struggle, tht. vrth fame untarnished, leav
ing behind them ax Ni a fame imperishable—
“Twice—thrice be the t. for uo common devo
tion
Was theirs to the country .at called them their own;
The pulse of their hearts, like the tide of the ocean.
Flowed true to the land of their fathers alone.”
All over the suuny South they sleep. No more, Oh!
never more, shall the light of their eye3 gladden the
homes in which they were bora—fathers and brothers,
and sons and husbands—they have left behind them
many an aching heart and tear bedimmed eye, but
they have left to their posterity that proud heritage
embodied in the words—
“For his country he lived, for bis country he died."
They are not forgotten, thauk God they are not.
Cold must ta the heart that could stand above their
graves unmoved. Thank God amongst our people
there are but few hearts so cold as to forget them, and
for those few we have but scorn. One anthem of
praise from the Potomac to tlie shores of far off Texas
is chanted to their memories from the lips of lisping
childhood and the tongue of the stricken iu age. They
are not forgotten, as might be seen at Hollywood yes
terday, where over one thousand of their survivora—
many oi them comrades in different detachments—
went lovingly to work in clearing from weeds, re
mounding and adorning the graves, arranging the
walks, aud placing headboards over tbe immortal
dead. Wboso has a soul in him could not witness
that sight without deep emotion—the earnest labor of
tbe workers, the saddened aspect of their faces, the
tender and anxious care with which each sod was
placed and each board set up, the drooping heads and
tear-moistened eyes of the gentle and devoted women
who Btood looking on, or in their own way aided in
this act of touching affection, and then the blessed
sunlight pouring down on all aa if in joy at what was
being done, while a gentle wind sighing through the
trees, and the murmuring waters of the James sang
most sweet requiem to glorious memory of the dead.
All, all, waa such scene as uo pen could portray, nor
painter’s brush could do justice to.
It was well and nobly done; no lagging band was
there, for each heart was in each hand; and glad we
are to say that the good and holy work will bo con
tinued until every Confederate grave within this city’s
reach shall be cared for. Two-thirds of the graves in
Hollywood were tended yesterday, and on Wednesday
evening next the work will be renewed, and no mat
tock will be idle until tbe whole work is complete.
Never was call answered with more enthusiasm;
never was devotion more deserved.
Vo.
ior
k v ii
iWtai
•it
’0-
MANUFACTURED BY
may2;»-3m.
Commission Merchants.
year, under penalty of working ou i bers from States already Reorganized. There seema
... * l lI A- 1 _A- i l nnll a tpftr thlt mfiV
. J'L »nd trt a t them jUBtiy, and most men even
j ■ . sported antagonism which fills Northern
r ! tri 18 not merely exaggerated. It ismanu-
L ‘ 01 *hole cloth—it is lalse. No suchan-
l8t * • aufl collisions have occurred only,
i:^!" 11 knowledge, where negroes have been
•» . ’ ncputlence and hostility by opinions of
oi tbe Freedmen’s Bureau. This
.' tolerated.
<0 lrt *-diuon gone to work in Texas? afld
**•' A. I am informed that they have
j ‘ tlie first of January. Up to that time
■ u-’Ui- ‘-xpectatiou of something more than
^ “' Ii bait only deprived them of homes.
. ,, n °tliing hut work would get bread, they
: , ^'Jjnilly at good wages: meu at $8 to $15,
J 0. , ° V12 per mouth, they doting tliom-
I ‘: !, inters have ^flred by giving a share
[Mb, J u **" l, tih to ono-third.
V ul ^position to educate and Christianize
ould first endeavor to find bread aud
1 think no one would oppose thfflr
1 u * u "«i°u lor themselves, like other poor
Vr U 1 ‘tuubtless bo well if they could read
■:•/ Luh hitherto been taught them gra-
*i 1 j Y v,1| bo well if the negro can main tain
U,, ruh Kioua teachings he has enjoyed. I
! HTM L il mvself. as be will have to keep
neither disposition nor capacity to
^ Edition of hi» race. He haa no hia-
Jua* nothing without or within, to stim-
IV ‘L^l’hatiSS above fte service of tlfe
lfc tofore hia master has furnished
Ruction, to the extent that one single
Methodist Church, Sfcuth, reports
hundreds of thousands. This is at
have to pay for their ownre-
I ^Kdflte other free people.
have been decoyed into the steps they have taken, and
much apprehension. And should this be continued
after the Texas Representatives get here, there will be,
I fear, a great revulsion of feeling.
Q. What will they do in that case ? •
A. I cannot answer. They cannot resort to arms,
because they have surrendered them. They are tired
of war, and utterly broken in fortunes. But they are
not without the spirit that feels indignation at broken
faith and continued oppression.
Q. In case of a war with any other power, how would
your people act”
A. I cannot answer directly. Should they not be
admitted into the Union, as expected, they ‘certainly
would not feel called npon to resist the enemy. If ad
mitted they want peace above all things, and would
not unite in an aggressive war upon Mexico, Canada,
Cuba, or any other nation. In case of invasion sweep
ing over them, they would resist aud do their whole
duty. a« they have heretofore done in two wars. But
•they desire peace above all things, and take vc*ry little
interest in politics. They have gene to work to mend
their fortunes, and are determined to prosper, what
ever the political coudition of the country. They be
lieve that the Northern States have possession of the
Government, and are determined at all hazards to keep
it. “They therefore look to the support of their fami
lies, aud are # indifferent about general politics. So
long as they can make a living, in'spite of the tax-
collector, £hey may he quiet But if the State should
be rejected, as the others have been, I should rattier
have any other office than tax-gatherer. Taxation
without representation is tyranny, and they will so
regard it, in my judgment.
Q: Do they expect admission at once to representa
tion, and.will they elect loyal men to Congrm*?. A.
If by loyal men, you mean such as could take the teat
The Trial of Jefferson Davis.
Thq following article, from the National Intelligen
cer, will be read with much interest:
The present references to the trial of Mr. Davis
have called public attention to this subject, which
very naturally, in a large degree, interests the public
mind.
The indictment in the usual form for treason has
been found by tbe Grand Jury in the United States
Circuit Court at Norfolk..
Mr. Davis is indicted under the act of 1790. under
which the penalty, ou conviction, is death.
He could have been indicted under the act of July
31, 1861, fora seditious conspiracy, the punishment
lor which is line not over $5,000, and imprisonment,
with or without hard labor, not over six years.
One of the most important points is tbe drawing of
the petit jury, who are charged with the trial of the
prisoner.
The jury is to be drawn according to lot, or other
wise, according to the mode practiced in the State for
selecting juries for the highest courts of law. The
number of jurors to be summoned is left to the dis
cretion of the court, as at common law.
The act of July 16, 1852, repeals so much of the act
of 1789 as requires, in cases punishable with death,
that twelve petit jurors be summoned from the
county where the offence was committed.
Under the act of June 17,1862, no person is allowed
to sit on the jury who was iu any degree of complicity
with the rebellion. This is an act of controlling im
portance, because it insures that the trial shall be be
fore a loyal jury.
Mr. Davis cannot be tried by any of his confede
rates. His fate will rest entirely with his political op
ponents. '*•
The jury mu^t be unanimous, or there can be no
verdict. This is the invariable rule of the common
law, and has existed time whereof the memory of man
runneth not to the contrary.
The Presiding Judge can rule authoritatively on
questions of evidence as they may arise in the pro
gress of the trial, but as the jury always, in criminal
cases, return a general verdict, guilt)' or not guilty,
they are practically the judges of the law as well as the
fact, and there is no appeal from their decision.
There has never been any exception to this princi
ple in the common law, except that iu cases of libel it
had frequently been determined by the Court of King’s
Bench that the only question for the consideration of
the jury, in criminal prosecutions for libel, was the
fact of publication and the truth of the inuendoes, and
that the Coart alone wss competent to determine
whether the subject of the publication was or was not
a libel. Aud it was for this ruling of Lord Mansfield
that the celebrated Junius so bitterly attacked Lord
Mansfield. Lord Camden, the friend of liberty, dif
fered from Lord Mansfield, and the matter was finally
put to rust by the memorable act of Parliament of 32
George HI, knpwn as Mr. Fox’s act, which deter
mined the law against Lord Mansfield’s judgment, by
expressly recognizing the right of the jury to deter
mine the facts and the law of the case by a general
verdict of guilty or not guilty.
The trial can ouly end in one of three ways:
1. By verdict of guilt)*.
2. By verdict of not guilty.
3. "By the inability of the jury to agree.
In the event of this third alternative arising, the
first question which will arise is, whether Mr. Davis
will be entitled to bail.
The Constitution provides that “in all criminal
prosecutions the accused shall enjoy the right to a
speedy and public trial.”
In determining whether Mr. Davis, after more thai^
a year’s.close^imprisonment, would be considered, in 1
the event of the disagreement of the jury, to be dis
charged on bail, would be a question of legal discre
tion to be determined by the judge.
By the celebrated habeas coi'pus act of 31 Charles
II., it was provided, 6, “that every person committed
lor treason or felony shall, if he require it, the first
week of the next term, or the first day of the next ses
sion of the oyer and terminer, be indicted in that term
or session, or else admitted to bail, unless the King’s
witnesses cannot he produced; aud if not indicted and
tried in the second termor session, he shall be dis-
chrrged from his imprisohment for such imputed
offence.
It is not likely our judges would take a less favor
able view of the prisoner’s application than in the rule
furnished by this statute.
The serious question would be, how many terms of
the court have passed since the prisoner was first ar
rested ? His counsel would in all probability contend,
that by intendment of law, United States Courts were
holding their regular terms for the- last twelve
mouths in the State of Virginia, or at least might-
have done so.
A further provision of the constitution might per
haps also, in the event of a disagreement of the jury,
be invoked in behalf of the prisoner—that one which
sets forth as follows : “Nor shall any person be sub
ject for the same offence, to be twice put in jeopardy
of life or limb.
The meaning of this rul£ is, that a defendant is in
legal jeopardy the moment a petit jury is charged with
the decision of his case. But though there has been
some difference of opinion on the point, it may be as
sumed that when the jury was discharged from the
further and fiual decision of the case, because of their
inability to agree, the prisoner may be held to be
tried anew. At one time in England, where the jury
could not agree on a capital case, the judge, instead of
discharging them at the cud of the term, had them
carted round the circuit with him- This practice,
however, is exploded.
In case then, of the inability of the jnry to agree,
the utmost that the prisoner could ask, from that fact
alone, would be the right to be out of prison on bail.
Just “to Keep the Child Still,”—The Page
County (Iowa) Herald of the 19th pays ; “A sad case of
poisoning occurred at Fisher’s Grove, Fremont coun
ty, about two weeks since. The victim was a little
girl only a few years old, who had been left in charge
of a lad of only ten years, while the" mother went to
Sydney. On her return she found .her baby dead,
.having been poisoned by the boy daring her absence.
He confessed to the crime, and ssiys he gave the poison
to keep the child stiff. We have heard it intimated
that.the mother was accessory to llio heinous crime.”
A Pretty Railroad Story.—The Providence (R.
I) Journal has the credit of originating this neat little
story : “As the midday Worcester train was about
leaving the depot yesterday, a man of the Johnsonian
style of manners entered one of the cars and gruffly
requested that two yqnng ladies occupying separate
scats should sit together, that he and his friend might
enjoy a tete-a-tete on the other seat *Bnt/ said one
of the blushing, ‘this seat ia engaged.’ ‘En
gaged, is it? * A young man,’ said the conscientious
maiden. ‘Ayoung man, eh! where’s his baggage?’
persisted Ursa Major. Tm hie baggage, Old
replied the demure damsel, pursing her rosy bps into
the prefcieet pout. ‘Old Hateful* subsided; the young
man came in and extended an arm protectingly,
I. P. Bous*. W. A. Bryant.
Bouse & Bryant,
(Formerly of Jacksonville, Fla.,)
Forwarding and Commission Merchants,
104 Bay street,
SAVANNAH, .... GEORGIA.
W ILL give prompt at; ention to receiving and for
warding goods, sales on consignment, and all
orders; and will also keep constantly on baud a
good stock of Groceries, Liquors, Agricultural Imple
ments, Building Materials, Fairbanks & Co’s Scales,
&c., besides other goods and manufactured articles
lor sale on consignment, and for which they are
agents. Orders and consignments respectfully so-
icited. al8-tf
McKAY, BLISS & UO.,
Commission Merchants,
I vEALEUS in White Oak and Yellow Pius Timber of
ail sizes. Cash advances made on consignments
of Timber, Cotton, Naval Stores, Ac.
The above-named house offer unnsnai facilities for
the sale of Southern Products, and respectfully so
licit consignments.
MoKAY. BLI8&-A OO.
- d21 tawtf • 155 Broadway, N. Y
iL MoLRA. T J. H CABT8U.
KENNETH McLEA & CO.,
Commission Merchants
202 BAY STREET,
SAVANNAH, 0 A.
W~ Advances made on Consignments of Cotton
and other produce to our friends in Liverpool and
New York. 00-3m
THOMAS H. AUSTIN,
Genera! Commission and Foreardini
MEHOEEAWTT,
*95 Bay Street, Savannah, Ga.
REFERS TO
Wm. M Tunno A Co., Savannah; Nonrse & Brooks,
New York; japping, Hanserd A Co., Columbus.
m2(MT *
davawT&waples
4 FACTORS,
Forwardinj; nnd General
HMBN MERCHANTS.
Having associated our serves in the above business
we respectfully solicit consignments.
Iu connection with the above, we have a large
brick fire-proof building, known a9 the Southern
Warehouse, at the corner of Bay and Lincoln streets,
and are prepared to take cottou or merchandise on
storage.
R. J. DAVANT, Jr., W. D. WAPLKS.
Of the late firm of Dav&nl A Lawton. - al8-tf
JOHN N. NAIHMIS & Ml.,
Forwarding and Commission
MERCHANTS.
WHOLESALE AND RETAIL DEALERS IN
Dry Goods, Groceries, Ac.,
NOS. 1 AND 2 SAMM1S’ BLOCK,
Bay Street, Jacksonville, Florida.
■D. «. lAMMU.
Jas.T. Paterson,
TIMBER,
Lumber & Commission
merchant,
No. 153 Bay Street, Savaunah,
AMD
Darien, Georgia.
V~ Orders for Lumber solicited. gjjj
J. SHAFFER,
r-i/->w»w,tMlon Do»lor
In all kinds of .
FOREIGN AND DOMESTIC FRUITS uro PRODUCE,
Wot WaxaiMOTOH Mauxt,
Jppoeite US Wert rt, Bulkhead between Barclay and
Veseyrtn, • _
NEW TOR. »•
Potatoes, Apples and Onions constantly on hand, nnd
ont np for the Southern market
T.J.
Walsh, and 3. H. Parsons.
IvW
end It
BLAIR 4 -BICKFORD,
LUMnrfh MANUFACTURERS, AND
DEALERS IN TIMBER AND LUM-
BElt OF EVERY DESCRIP
TION.
D OO RS, SASH. AND BUIDS .
Mill and Lumber Yard on Canal, near Bryan street
Office 190 Bay street,
dt8-tf Savannah. Ga.
oath or iron-clad aa they term it, they would nol gtOr ductor dapron etartad th* train.
most caraanagly, around Ua baggage and Mr. Con-1 poaite the Market, to
First-class Board,
^yiTH or without
ALWAYS Olf BAm>,
Tei-ma,
aiitf
per X3ay.
PETER JONES, Proprietor.
Port Royal House,
HILTON HEAD, S. C.
RIDDELL A
x s. arenru..
)u3-tf
Pbopiihoii
■. r. boos.
Insurance.
INSURE
AGAINST
ACCIDENTS,
IN THE
Pioneer Company
OP THE SOUTH.
VENABLE & C
Petersburg', Va.
Also Manufacturers of Superior “Maccoboy,” “Rappee,” and other Snuffc, Chewing and
Smoking Tobacco of every grade.
Josiah Macy’s Sons, Sole Agents,
I89 & 191 FRONT STREET, NEW YORK.
THE SOUTHERN
Accident Insurance Co.,
LYffOBBina, va.
Authorized Capital, $1,000,000
INSURES AGAINST
ALL ACCIDENTS,
Giving the holder of an Annual Policy the
full amount insured in came of death, and
compensation each week, if disabled, for a
period
NOT EXCEEDING TWENTY-SIX WEEKS.
Hotels.
ST. CHARLE^SALOON,
B Y A. STAMM, Bay bone, rear ol Post Office.—
Tlie beat Liquors, Ales, Wines. Regars, Ac.,
always on hand, including a choice article ot SELT-
ER’d WATER, directly imiiorted from Henaglhum,
Nassau, and the best of Rhine Wines.
LUNCH every day ar. it o’clock. ml?-1y
THE VERANDA HOUSE,
A T WHITE FLUFF, will he ope if on and after
Monday, the 9th iu,-t., for tbe accommodation
ol Boarders, transient or permanent.
The subscriber, from his long experience in the
bueiuei-s, can eaiely guarantee ibe comfort of those
who may give him a call- .
_ myw-tf MOSES M. BKL1SARIO.
LITE OAK CLUB HOUSE,
No. 32 GEORGE STREET, •
Charleston, South Carolina,
Is now open for the Accommodation of transient au
permanent guests.
Choicest Liquors, Wines, Ales and Segars
CHARLESTON HOTEL,
CHARLESTON, S. C.
rjIHIS popular and weil known Hotel, sitnated in the
A busiucr.s"portion of the city, haa been newly fur
nished throughout by the present proprietor, who has
been sixteen j ears connected with the establishment,
ui-fi-tt .W. WHITE, Proprietor.
SHORT TIME POLICIES,
($3,000 lW TEH CENTS!)
Travellers’ Tickets, from one to thirty
days, may be had at tbe Railroad Ticket
Offices, Steamship Agencies, and at the
Office of the General Agent.
The Stock of this Company is exclusively
in Southern bauds, and represented by a
Directory widely and favorably known.
We, therefore, appeal with confidence to the
good will and patronage of the Southern
public.
OPFXOHH. S.
PRESIDENT AND TREASURER,
COL. MAURICE 8. LANGHORNE.
VINE PRESIDENTS,
GEN. JOHN B. GORDON, of Georgia.
GEN. HARRY" T. HAYS, of Louisiana.
GEN. JOHN B. GORDON,
Chief Agent at Atlanta, Ga ,
Agent for the State.
my23
O. C. MYERS,
General Agent,
SAVANNAH, GA.
490 ACRES OF LAND
For One Dollar I
TO BE RAFFLED FOR,
O N the sixth day of June, one thousand eight hun
dred and sixty-six,
AT THE SCREVEN HOUSE, .
in the city of Savannah, Chatham Connty, state of
Georgia, by a committee of gentlemen selected by the
subscriber*,
490 ACRES OF LAND,
Sit aw ted In Liowndes Connty, nenr Mill-
town, State of Georgia.
The projected Brunswick and Florida Railroad run
ning through the southeast part, offers great facility
lor removing to the seaboard the fine cypress, pine
aud other timber to be found on this lot, and a hand
some sum may be had from the Railroad Company
for the privilege of running their cars through it.
Arrangements may also he satisfactorily entered into
with them (the Railroad Compauy) for making it a
wood station to supply their locomotives with fuel.
A stream of water runs through this land, and lov
ers of the piscatorial art can indulge their fancy at
all seasons of the year.
The qnalltyof the Boil in Lowndes connty is too
highly appreciated for any comments to lie made on
the above.
TITLES CLEAR—The winner paying for the trans
fer of the same to his name, and he (the winner) is to
pay also one hundred dollars to the Savannah Fe
male Orphan Asylnm. The present owner of tbe
land pledges himself to give one hundred dollars to
the Savannah Metropolitan Fire Company, if all the
subscriptions are taken np.
Subscription—Tickets, six thousand in number,
at one dollar each. Can he purchased at the Music
Store of J. C. SCHREINER A SON, Congress street,
Savannah, Georgia, where a Piet of the above named
Land can be seen, a9-tf
FAMILY SUPPLIES I
PRICES REDUCED!
Tbe Oldest Accident Insurance Coin’y
IN* AMERICA
18 THE
Traveler’s Insurance Co.
OF HARTFORD, CONN.
Net Cash Assets, Feb. 1, ’66, $600,849 72
*
Insures against Accidents of all
Kinds,
CAUSING BODILY INJURY OR LOSS OF LIFE.
w s
myl
Boom; §»d n^in
Apply at 114 Bryan street, op-
MR8. E. TICK.
E wish to call the attention of oar customers to
onr splendid stock of
SUGARS. TEAS AND COFFEES,
embracing every variety of each, which we are offer
ing lower than the same qnelity of gpods are being
sold ia this city.
We have also the beet assortment of
MISCELLANEOUS AND FANCY GROCERIES
in this city; everything that is needed to enpply the
table with, either enbstantiels or delicacies.
AU of which we are offering at
REMARKABLY LOW PRICES.
Goods Delivered Free off Extra Charge.
gw Don’t be deceived by those who advertise their
prices, as none can nndersell ns.
STUART * CO.,
maySS-1 w Comer Bdll and Broughton street*.
IT IS CHEAP.
A policy lor $5,000 in oase of fatal accident, or$25
per week in case of disabling injury, costs but $25
to $30 per year. Any sum from $500 to $.0,000,
with $3 to $5o weekly compensation, at proportion
ate rates. Policies written for three or five >eais, a
a liberal disco ont.
IT IS UNIVEHSAL.
This Company Insures against all sorts of acci
dents, whether they occur in traveling, working in
the shop or factory,walking in the street, swimming,
riding, banting, fishing, etc. It issues policies for
alt persons, iu all parts of the United States and'
Canadas, and grants permits to visit any part of the
world. This insurance is sought alter and rained
by all classes of men, rich or poor.
IT IB RELIABLE.
The TRAVELER’S of Hartford is the oldest Acci
dent Insurance Company in the United States, and
established on a firm basis. It has issued many
thousands of policies, pays claims for compensation
almost dally, and Us business is steadily increasing.
Its capital is ample, its directory of the highest char
acter, and it has paid over One Thousand Losses,
without contesting one.
-NO MEDICAL EXAMINATION KG-
RUIKKD.
1ST Three cents a day will Insure a man for $2000
..TOO*
J. T. THOMAS,
GREEN A FOOTMAN,
J, 0. MdNULTY,
man Agents, Savannah.
Sale Notice.
i-ffiaRASsasas asusss
A Savannah Railroad, consisting rtfioo seres, move
or Iw*. 190 acres ot which arc cleared: balance well
^ Ahm^at the same time, and place, one Steam
Shingle and Lain Mill, ten horeepower, neW and in
perlcct order, three Males, one Cart, one forge four-
notae Wagon, ooe
Kitchen Furniture, Tools, FDoltiy, Ac.
Terms cash; sale positive.
JOHN 8. DeMONTMOLLBN.
mv$4-td* i.
- BRICKS! NUCK8!!i
124MJOO wni
On Savannah sad OgsecheeOaal. Above Swayne
Ain>
Insurance.
THE GREAT
SOUTHERN AND WESTERN
Life and Accident
INSURANCE COMPANY
OF
ew Orleans*
Capital, - - - $300,000
GEN. JAMES LONGSTREET, Presideit.
ABC PEXPASm TO
TAKE BISKS '
lrt.o« won rttolo T erxxia.
WILLIAM C. COSENS, Agent,
mj2l tf At Marine Bank.
T JI E
OGLETHORPE INSURANCE CO.
OF SAVANNAH
Are prepared to take
Fire Rids ou Reasonable Terms,!
At their Office, 117 Bay Street.
H- W. MERCER, President.
J. T. Thomas, Sec.
B. W. Mercer
C. S. Hardee
William Hnnter
A. S. Cartridge
A. Porter
ft. Morgan
J. Stoddard
J. T. Thomas
W. Ramshart
F. L. Gne
H. A. Crane
A. A. Solomons
M. Hamilton
W. W. Gordon
myT-tf
Directors:
M. S. Cohen
J. Lama
J. W. Nevitt
D G. Purse
A. Fnllarton
J. McMahon
L. J. UuUmartin
F. W. Sims
G. Butler
R. Lachiison
* P. Clatnn, Augusta
J.' W. Knott, Macon
B. F. Ross, Macon
W- H. Young, Columbus
LIFE INSURANCE!
THE KNICKERBOCKER
LIFE INSURANCE CO. OF N.Y.
SoBthern Brand Office, 89 Bay SI,,
SAVANNAH, GA.
A.. Wilbur, Manacer.
No Extra Charge for Souther
Residence,
ONE KATE OF PBEMIUM ALL OVE
THE UNITED STATES.
^-policies written at this office in any form'd
sired. as
LIFE
ACCIDENT
INSURANCE
RISKS TAKEN
IN THE FOLLOWING FIRST-CLASS COMPA
NIES:
CAPITAL.
Colombia Fire Insurance Company, of New
* ork $506,000
Pulton Fire Insurance Company of New
York 200,000
Excelsior Fire Insnranre Company of New
York 200,000
Springfieia Fire Insurance Company of New
York..; 800,000
Putnam Fire Insurance Company ol Hart
ford 500,000
Washington Fire Insurance Company of
Baltimore 500,000
Golf State Fire Insurance Company ot Tal
lahassee 300,000
AooroiiNT-
Travelers' of Hartford $500,000
BSarine and X*lre.
Petersburg Savings and Insurance Company
of Virginia $500,000
Kufaola Home Insurance Company of A la
ma 200,000
Georgia Home insurance -Company, Colom
bo* 850,000
J. N. WILSON,
Photographer.
PHOTOGRAPHS,
Porcelain Sc Ambrotypcs,
IN THE HIGHEST STYLE. OF THE ART.
Copying done in the best manner. Pictures made a
well in cloudy a* in dear weather.
W Call and JEzamiae Specimen*. "S»
SOUTH-EAST CORNER BROUGHTON AND WHIT-
alS-tf AKER STREETS.
fill assrre.
New England Mutual Life Insurance Com
pany of Boston ?.. .$5,000,000 .
Knickerbocker Mutual Life Insurance Com
pany of New York 1,000,000
?olldoa
In Great Western, of New York.
In Commercial Mutual, of Hew York.
AAEON WILBUR, Agent
No.® Bay Street.
3AIOERSOI & I1LKIKS0#,
HAKIE88, SADDLERY
TRUNK STORE,
[WHOUSAU AND RETAIL. ’
-it ■ ■ I ..I- '- IS.-. ’ •
Cniar SfctAffiirew* Hall, BrmgkUn St.,
IAH, GA,
J. W. STEELE,
(Late Steele * Burbenk.)
11 Merchants’ Bow, Hilten Hen4,S$b C*
And comer KWJ nnd George fta, ClMrfafim,
r\ALL8 the attention of Who!male and Brteil Pur-
chaoave tt» Ida pnpkrior atotk of
Military and Emval dothin*,
PUBMmmNQ GOODS,