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THE WEEKLY SEN.
T . DEWOL». T. GILBERT.
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TUESDAY EOKMM), JUNE 15.
George H. Pendleton is still confined
to his room by recent injuries.
Early Peaches.—Berckman, of Au
gusta, is shipping ripe peaches to New
York.
The towu ol Quitman, Ga., which
was laid out m 1860, has now 2,000 in
habitants. This, certainly, is material
prosperity.
•
Radical Nomination in the Mobile
District. —Buck, one of the lowest
and dirtiest Radicals in the State of Ala
hama, has been nominated lor Congress
in the Mobile district.
On a Special Mission.—Juko Mar
tin, Sixth Auditor of the Treasury De
partment, was sent out from Washing
ton to Opelika to harmonize the party.
The mission was nut a success.
Trk Surveyor’s Appointment.—
Gen. Longstreet, surveyor of the port
ot New Orleans, by the grace of Gen.
Grant, is making a clean sweep of the
Democrats in making the appointments
in his department.
Expected.—lt is said Senator Spraguei
better known until very recently as a
manufacturer than Sehator, is expected |
here next fall to examine the water
power of our river.
Factories. —Siuce Monday last, says
the Journal aud Messenger, the Macon
Factory has been running only three
days in the week, Thursday, Friday
and Saturday. The employees are fed
by the company the other three days.
The factories here arc still running on
lull time.
Death op Col. Woodall.—The
Col. Woodall who commanded at this
post immediately after the war, has met
a violent death. A New York dispatch
of the 10th inst. says:
The body of Frank P. Woodall, an
insurance clerk, who has been missing
ten days, was found to day iloatiug in
the Bay, with a large Bcalp wound on
the head. lie was probably robbed and
murdered. Ho served during the war
as Colonel of an Illinois regiment.
Superior Court Yesterday—The
Court met at 9 a. m., Judge Worrill,
presiding. During the morning the
“Anderson case” and “Huff will case,”
were postponed until next term on ac
count of absence of witnesses, and in
the first mentioned, on account of other
considerations. Gon. Benning appeared
with the prosecution in the case of An
derson.
of general interest in the
afternoon.
Tho criminal docket will bo taken up
this morning.
In the Fiotit. —lt is said that the
filibuster, General Jordan, has 58 Ala
bamians in his command, trying to
secure to Cubans that which has been
lost to Southerners—Liberty.— Eufaula
News.
The fifty-eight Alabamians alluded to
would be much better employed at home
helping their brothers and friends to
regain their lost liberty and property.
Significant. The Herald says :
“One of the most violent Radicals de
clared, the other day, that if the Presi
dential election were to occur to day
the bitterest Copperhead would be elec
ted over any man The Republicans
might nominate. Ho was not a disap
pointed office seeker.”
Then and Now.—Registration in
Richmond, Va., last year, showed 6,G00
male negroes subject to assessment for
poll tax. The assessor goes round this
year and can find but half that number.
The VVhig suspects that a great many
are dead, and sarcastically opines that
quite as many never existed at all.
A Reaping Match. A reaping
match with seven different varieties ot
reaping machines took place at Cave
Springs on the 10th. The competitors
were : The iron clad Excelsior, the
wood frame Excelsior, Wood’s Machino,
Buckeye, Iljssell Machine, the World,
aud the Ohio. The committee of judges
awarded the firt prize to the iron-clad
Excelsior, the second to tho wood frame
Excelsior, and the third to the World.
Cotton States Life Insurance
Company.— The time has surely come
when Southern people should patronize
home institutions, which are managed
by their own citizens, and whose prof
its tire invested in our midst. For this
purpose we call attention to the Cotton
States Life lusurance Company which
has liceu recently organized in Georgia
ami which is meeting with wonderful
success. It issued over one hundred pol
icies the first week of its doing business.
We do not believe a Northern company
cau make as good an exhibit. Tiie Ec
lectic, a first class New York company,
began business with powerful influence
aud large capital aud for the first six
months it issued seventy nine policies.
The Cotton States is controlled by many
of the best business men of our State.
Capt. J. M. Bivins is the agent in Co
lumbus.
The PAsenAL Murder Case — Pas
chal who has been iu jail some time,
awaiting trial for the unprovoked killing
of Oats, a passenger conductor on tiie
Memphis and Charleston railroad, at
Courtland, Alabama, has sued out a
writ of habes corpus, which was being
heard before Judge James S. Clarke, at
Courtlaud last week. At last accounts
the lawyers in the case had been speak
ing two days, and the case was still pro-
greasing. M
The Memphis Appeal says nine hun j
dred tons of iron have been purchased ;
at New Albany, Indiana, for the South !
ern Pacific railroad via Vicksburg, i
Shreveport and Marshall, lexas. It j
says the amount is sufficient to extend
the road thirteen miles west from Mar
shall. So important is the extension of
this road considered by the citizens ot
Shreveport, Louisiana, that the City j
Council has mado a subscription of SBO,-
000 to it, and levied tax of four and one
half per cent, on the real estate of the
city to raise the money.
Death of an Old Citizen. —The
North Georgia Citizen reports the death, ;
at Dalton, of Gen. Dunn—one of the
oldest citizens of that place—in the 81st
year of his age. He was a commission- j
ed oflicer that paper says, in the war of i
1812, and carried to his grave a battle
scar received in that memorable contest,
and was also a soldier, a private, in the
Confederate army, serving through the
arduous campaign in West Virginia in
1862, from the exposure and fatigue of
which he never fully recovered.
VOL. XT.
The Late Tragedy In Jackson, Mis
sissippi.
Asa part of the history of the times,
and as a matter calculated to affect most
seriously the future of the entire South
ern people, we give in another column
the details of the late tragedy at Jack
son, Mississippi, which come to us in a
copy of the Jackson Clarion.
This unfortunate affair is one of the
legitimate results of the attempt of the
Radical party to degrade to the lowest
possible depths a people who laid down
their arms more than four years since.
A military man who had been foisted
by bayonets into a position where he
did not belong, an instrument of Radi
calism, has lost his life in a sudden and
bloody rencontre. He is said to have
been a man of good qualities of head
and heart, and his slayer is a member
of one of the most prominent and influ
ential families of the Statu of Mississip
pi. From other sources we learn that
there was bad blood between Crane and
Yerger, and it is known that the latter
was one of the boldest and most uncom
promising opponents of Radicalism in
any and all shapes. There appears to
have been some littleness in the levy
and sale ot the piaDO of Yerger’s wife.
II Yerger owed taxes, the property upon
which the taxes were due should have
been levied upon. Crane was the pur
chaser of the piano at the sale. Yerger
returned home to find his house despoil
ed, and the instrument of his wife in
the hands of a man whom he disliked
and whom he thought had treated him
badly. He demanded a meeting. The
testimony shows that Crane went out
upon the streets and met him, though he
km w that Yerger was drinking and in
a terrible rage. It is not shown that
Yerger did uot know that Crane was
on the streets in answer to his invita
tion. A quarrel ensued, blows follow
ed, and a homicide in the heat of pas
sion was the result. All of this was
terrible enough to the parties themselves
and to the friends and families of each.
But there is likely to follow something
worse. On the very next day a military
commission was organized, aud Yerger
was arraigned before it. That commis
sion is composed of the friends, com
panions in arms and fellows in politics
of the deceased man. One of them has
already been challenged and stricken
from the array for the expression of
opinions hostile to the prisoner, and
there can be no doubt but that the others
entertaiu the opinion expressed by the
one more impulsive aud unreserved.
There are civil officers in Mississippi,
Courts presided over by Judges appoint
ed by the military, not in sympathy,
personal or political, with Yerger. But
they are not permitted to act. The
constitutional privilege of an indictment
and a jury of his peers is denied to Yer
ger, and he is hurried to trial before a
commission composed of men thirsting
for his blood. Who can doubt the result
of such a trial, by such men, under such
circumstances ?
Time has intensified rather than aba
ted the deep seated hatred of the Radi
cals towards the people of the South,
and the party in power is now clamor
ous for the blood of a victim, of such
social standing and character as Yerger.
If the members of the commission had
sufficiently cooled to listen to the
promptings of justice and mercy, still
they would not dare to disobey the
power that gives them meat and drink,
rank, pay and promotion. We do not,
with the lights before us, attempt to
justify this act of Yerger’s. It seemsto
us to have been rash, and we are sur
prised that his friends had not prevented
it. He has violated the laws of his
State, and it is right and proper that he
should answer for the violation. It is
plain that his is not a case of murder,
for the killing was done in the heat of
passion, suddenly and under the provo
cation of a blow. But we do not hesi
tate to say, that if his life is taken in
pursuance of a sentence of the commis
sion by which he is being tried, it will
be murder of the deepest dye. If, in
the present temper of tho country, the
murders which disgraced the land imme
diately after the surrender are revived,
no man can tell how deep or wide the
channels of blood will flow, or whose
veins will furnish the springs to swell
the tide. Northern journals in the
support of Radicalism have lately asked
when the hatchet will be buried between
the North aud South. We caunot an
swer a question so grave and one so
momentous to the interests of both sec
tions. But the dullest simpleton can
truthfully say, that its bright edge will
uot be dulled so long as military com
missions are allowed to sit in times oi
peace, and when the law officer of the
Government gravely declares that Con
gress may say that war actually exists,
and may continue indefinitely upon the
part of a people who have been disarmed
and defenceless for years. If the blood
of Yerger and the Texas prisoners is
offered up as a holocoast to the demon
of Radicalism, it will so thicken tho
gory gulf that now flows between the
North and South, that a battle axe may
float on its bosom forever. It is to be
hoped that this case may find its way
j into the supreme tribunal of the land,
and that, when it does, the Judges of
the Court, on au issue which involves
not only the life or death of an individ
ual, but that of the nation, may find
j courage enough to redeem their records
| and to erect again the principles of
Law and Justice in the temple set apart
j for their worship.
A Democrat Shot by a Radical. —
The Huntsville (Ala.) Democrat says,
We avail ourself of the account given,
in this morning’s Independent, of the
shooting of Mr. Jas. C. Hays, a brother
in law of Thos. C. Barclay, Esq., a
peaceable, quiet citizen of Guntersville,
and a Democrat, by Wm. Thos. Beard,
familiarly known as Tom Beard, a
I,pter, unscrupulous Radical, and so
la« H that, we understand, he has not
been on speaking terms with his lather,
Arthur C. Beard, for several years, and
has, even threatened to shoot him. He
joined Capt. John G. Coltart’scompany,
the Madison Rifles, we understand,
and went with them to Pensacola in
April, 1861, then and before, claiming
to sympathise with the original seces
sionits. Since the war, he has been an
extreme, unscrupulous Radical, and, for
many years, exceedingly dissipated.
We are informed that Hays was stand
ing in conversation with Msj. W. H.
Wiggs, when Beard accosted him from
the other side of the street: “Now,
G—d d—n you, I’ve got you,” and fired
at him. His physician, Dr. Jas. Jack
son feared that his bowels are pierced
and, when the guard left Guntersville
for Huntersville with Beard, little hope
of Hays’ recovery was entertained.
We learn that Beard frequently boasted
that “the United States Government
would protect him in shooting any
G—d d—d Rebel or Ka Klux.”
. Ex-Queen Isabella employs eighty
servants at her Paris establishment.
THE WEEKLY SUN.
From the Jackson Clarion of the 10th.
THE TRAGEDY LAST TUES
DAY.
The Killing of Col. Joseph G. Crane,
Mayor of the Ctty—Particulars as tes
tified before the Jury of Inquest.
In order to satisfy the public demand
for & fair and detailed account of the
tragic affair last Tuesday, wo have pub
lished below the testimony taken before
the Jury of Inquest, held over the body
of the deceased immediately after its oc
currence.
It is proper to preface it by stating
that the difficulty grew out of certain
official proceedings of the deceased,
which are better explained by the fol
following advertisement that appeared
on the 3d of June:
notice.
By virtue of a Warrant of Distress,
dated this 4th day of June, 1869, to the
undersigned, Marshal of the city of Jack
son, directed by the Honorable, the
Mayor of said city, I have distrained
and levied upon the hereinafter describ
ed personal property of E. M. Yerger,
for taxes due and in arrears, by him to
said city, and will proceed to sell in
front of Bloom’s store, in the city of
Jackson, Missisippi, at public outcry,
for cash, to the highest bidder, on the
16th day of June, A. D. 1869, within
the legal hours, the following described
personal property, levied on to satisfy
the amount of said taxes, and all costs:
one piano.
W. 8. Freeman, Marshal.
Jackson, Miss., June 4,1869.
When this property was attached E
M. Yerger was in Memphis. Ou his
return Tuesday morning, he sent seve
ral messages to Col. Crane, the purport
of which was an invitation to meet
him on the street, divested oi his official
character, in order to give him satistac
tion for what he esteemed to he an af
front. We are informed that Dr. liar
rington, who, after repeated solicita
tions, bore one of these coumiunica
tions, finally consented to do so, with a
purpose in his mind, when explaining
to Col. Crane the intent of Yerger,
to advise him not to go upon the
streets,and that he did so, staling that
Yerger was armed and that his passions
were greatly intensified by liquor.
Unfortunately there is no living witness
of this fact. But it is the statement of
I)r. Harrington, who is a truthful, kind
hearted, generous man ot peace, and
would be the last person ou earth to
produce dissonsion, and the first to save
a fellow mortal from the horrors of such
a death as overtook the deceased. Chief
of police, Isler, as will be seen by his
testimony, gave the same advice which
Dr. Harrington had given, hut unfor
tunately it was not taken. Strange
enough the deceased did not, as a con
servator of the peace, order the arrest of
Yerger, notwithstanding his belligerent
message, from the streets, nor did he
prepare himself with arms for a deadly
encounter, nor still did he keep out of
harm’s way. The cause of his failure
to adopt some precautionary measure
is explained in the testimony of Isler.
A short time before the fatal meeting,
he was on President street examining a
side-walk which had been reported to
him to bo in a condition to need repairs.
The parties met on the corner of State
and Capitol streets. We will leave what
followed to the recital of witnesses :
Evidence Before tlie Jury of Inquest.
Immediately after the killing of Col.
Crane, on Tuesday last, a jury of inquest
was summoned by Mr. Ed. Fisher, act
in3 as Coroner. The followin gentle
men composed the jury:
C. Lombard, Jno. W. Robinson,
C. A. BROuanEB, W. H. H. Green,
H. C. Fulmer, James M. McKee.
JOHN H. ECHOLS, SWORN.
Was standing at Virden’s store, heard
angry words, looked up the street and
saw Col. Crane and Mr. Yerger stand
ing about ten inches apart—both parties
gesticulating. Don’t know whether Yer
ger had a knife or not; saw a knife about
6 inches long lying on the floor by Col.
Crane’s body ; don’t know who picked
up the knife. Think Dr. Cabaniss was
talking with Col. Yerger just before the
affray commenced. Col. Crane was
walking up the street; Yerger accosted
him ; don’t know what he said.
THOMAS GREEN, SWORN.
Was in the bank—heard angry words
and the expression “God damned cow
ardly puppy, and I’ll prove it in Court,”
recognized as E. M. Yerger’s voice.—
Went to the door. Yerger and Crane
were standing in front of W. J. Brown’s
grocery store. Yerger was abusing
Crane, using very hard language, said
Crane had taken advantage of his ab
sence. Yerger was standing with his
hands on his breast under his coat.—
Crane said he had not taken advantage
of him; he had waited a reasonable
time. Yerger said I want to tell you
one thing: “you are a God damned
cowardly puppy.” Crane said : “I do
not want to have anything to do with
you except officially,” and with a ges
ture of his hand, started to walk off.—
Yerger struck his hand rudely and said:
“take your damned hand out of my
face.” Yerger then used other hard
language, when Crane again said : “I
do uot want anything to do with you,
Col. Yerger, except officially,” and
turned and started off'. Yerger caught
hold of his arm, gave him a shove and
said, “go you damned dog.”* Crane
struck back with the small cane he car
ried, with the small end, striking Yer
gor on the neck ; cane not large enough
to inflict injury on anything. When
Crane struck Yerger his (Crane’s) hat
fell down over his face, Yerger imme
diately struck him with a knife —thinks
he struck Crane in the back or side,
then put his arm around Crane and was
trying to cut him in the back. Saw that
Yerger was going to cut him all to
pieces—did not want to sec it done, so
went back into the bank.
JAMES D. STEWART, SWORN.
Wab sitting in the back end of Tay
lor’s store ; John K. Yerger beckoned
him to come out, went to the front part
of the store —Crane and Yerger talking
excitedly. Crane pushed Yerger from
him and then struck him (Yerger) with
his cane—they both clinched.
Question. Are you certain that
Crane pushed Yerger from him before
he (Yjrger) used any violence towards
Crane.
Witness Answered. —That he swore
\ it positively here and would swear it
anywhere; also said, he thought it
proper to state to the jury that he and
Yerger were not on good terms —had
not spoken for about a year.
GEORGE 8. DONNELL, SWORN.
Had been coming down from dinner
was in the ice cream saloon ; heard
loud talking went out and saw Col.
Crane and Yerger standing in front of
Brown’s store talking. Col. Yerger
was calling Col. Crane a damned cow
ardly puppy, &c. ; could not recollect
all he said. Col Crane said he did not
| want any difficulty with him—-did not
want to have any thing to do with him.
Crane seemed anxious to get away and
avoid a difficulty. Col. Crane started
to leave —had turned trom Yerger and
was walking oil. Yerger caught Crane
by the arm and jerked him around.—
Crane then struck Yerger with a small
cane he had in his hand. Y erger struck
Crane with a knife, looked as if it was
about as long as his (Donnell’s) hand
and about an inch wide. Both parties
came together and came scuffling to
wards where he stood. Did not see all
the affray as he went back into the bank
and came back at a door farther from
j the parties; did so because he was
| afraid Crane might draw a pistol and
i commence firing; did not see Crane
have any pistol or weapon of any kind,
j but supposed he might have one.—
I Thought Yerger struck at Crane with
a knife some three or five times that he
saw.
DR. BARTHOLF, SWORN.
; Testified only as to the wounds —cer-
tain they caused his death ; did not see
the affray.
GEORGE 8. GREEN, SWORN.
Was in the bank—heard angry words,
loud talking, &c., went to the door, saw
Col. Crane and Yerger talking. Yerger
COLUMBUS, GEORGIA, TUESDAY, JUNE 22, 1869.
calling Col. Crane cowardly puppy, &c.
Crane said he did not want to have any
thing to do with him, did not regard
him. Yerger used other very hard lan
guage. Crane seemed anxious to avoid
any difficulty, and turned and started
to leave Yerger ; Yerger caught him by
the arm and jerked him toward him ;
Crane then struck Yerger with the
small end of his cane; Yerger then
caught Crane and commenced cutting
him or cutting at him. Crane backed
into the store of W. J. Brown, strug
gling with Yerger; after Crane fell,
witness went to the store of Brown, saw
Crane lying there—a dirk or bowie
knife lying between Crane’s legs;
thought it was about six inches long,
not quite as wide as his two fingers—
double edged. The cane Crane used
was a small cane, a rattan, not large
enough to inflict any injury on Yerger;
John K. Yerger picked up the knife
that was lying between Crane’s legs.
DR. CRAFT, SWORN.
Did not see the cutting—testified as
to the wounds. Certain that one of the
wounds would cause death; the other
might also do it.
ROBERT ISLER, SWORN.
Was at Mr. Crane’s office in the fore
noon. Geo. Yerger came to the office,
called Crane out into the hall; heard
them talking, heard Crane say he would
not leave his office to see any one. Some
time after Geo. Yerger left Dr. Har
rington came down to the office. Wit
ness introduced him to Col. Crane ; sat
talking a few minutes; Harrington ask
ed Crane if he had a private office.—
Crane replied that he had not, but
would have one as soon as the new
Clerk’s office was fixed up. Dr. Har
rington said he wanted to see Col.
Crane privately. Col. Crane took him
into the United States Clerk’s office.
They stayed there some time, when
Harrington left and Crane came back
into his office and said, Yerger wanted
him (Crane) to meet him ou the street.
Witness told Col. Crane not to go on
the street. Witness thinking there
might he a difficulty put ou his pistol.
Crane told him that he was excitable,
that there was going to be no trouble.
Crane sat down to write a letter, say
ing that he was going to Headquarters
as soon as he got through ; that he also
had to get a bottle of Jamaica Ginger for
a uiau wno was sick. Witness stayed
at the Mayor’s office until near one
o’clock, when ho went home for his
dinner. While at dinner was informed
that Col. Crane had been killed by Yer
ger. Went up to Yerger’s house and
arrested him ; went with him to head
quarters, from there Yerger was taken
to camp by soldiers.
Witness was informed that John K.
Yerger had the knife with which Col.
Crane had been killed; was told by
someone he ought to get it; went after
it, met George Yerger and went with
him to John K. Yerger ; George Yer
ger told John K. Yerger that he might
as well give the knife up, winch he did.
Witness produced the .knife before the
jury-
DR. SWORN.
Witness met E. M. Yerger in the
forenoon. Yerger told him that lie had
challenged Crane; Yerger told witness
that the least Crane could get oil' witli
was a good cursing. Yerger then pull
ed up his sleeves, took off his gold but
tons and then gave them to witness,
telling him to keep them for him. Wit
ness left them at tho drug store. Wit
ness also testified as to tiie wounds;
thought both were fatal wounds. Were
made by a two edged instrument as the
ribs on both sides were hacked. Thought
the knife before the jury, taken from
Jno. K. Yerger, is such a one as would
make the wounds.
HARRIS BARKSDALE, SWORN.
Came out of Clarion office and met
Col. Crane, passed him with usual sa
lutations, and went into Green’s bank ;
while there heard someone say, “You
are a damned puppy;” ran out with
Mr. Thomas Green and George Green ;
saw Col. Crane and E. M. Yerger stand
ing near each other. Col. Crane said,
“You are drunk and had better go
home.” Mr. Yerger Baid, “I am not
drunk, and want to tell you that you
are a damned puppy.” Col. Crane said,
“I dont care for you aud will not have
anything to do with you.” Yerger said,
“I telegraphed to you not take advan
tage of me during my absence,” at the
same time shaking his finger, don’t
know which hand, in Crane’s face.—
Crane said, “I did not take advantage
of you,” and made a gesture with his
hand. Yerger said, “take your hand
out of my face you damned cowardly
son of a bitch,” at the same time strik
ing Crane’s hand down. Crane said,
“I don’t know and don’t want to have
anything to do With you except official
ly.” At this time witness noticed that
Yerger had his right hand in his bosom.
Col. Crane turned his back to Mr. Yer
ger and took one step up street. Mr Yer
ger pushed him and said, “Go, you
damned dog.” Col. Crane wheeled
around and struck Col. Yerger with a
walking stick; they then clinched, and
Mr. Yerger drew a knife and com
menced cutting at Colonel Crane. • Mr.
Crane Mr. Yerger’s arm and
held it awhile; they were still strug
gling. Mr. Yerger jerked his arm away
and struck Col. Crane in the back; at
this time Colonel Crane backed into
Brown’s store; the parties struggled
just inside of the door. Witness could
see nothing but the arms of the parties.
Col Crane fell and Yerger stepped out
and threw the knife at Col. Crane, say
ing, “Now, you damned dog, you
struck me,” or, “what did you strike
me for.” Witness could not identify
the knife —did not see it except in Mr.
Yerger’s hands—at the time thought it
was a “thug” knife.
GEORGE GREEN RE CALLED.
Was shown the knife taken from Jno
K, Yerger. Witness said it was like
the knife which he saw lying between
Col. Crane’s legs. Could not swear
positive as to its being the same knife,
as it had been in others’ possession,and
he only saw it lying on the floor, but
he thought it was the same.
FINDING OF THE JURY.
State of Mississippi, County of Hinds:
We, the undersigned, a jury of in
quest, being summoned to view the
body of Joseph D. Crane, find that he
came to his death by mur Jer, inflicted
upon him by the hands of E. M. \ erger,
with a sharp edged instrument, com
monly called a dirk, in the City of
Jackson, county and State aforesaid, on
this the Bth day of June, A. D. 1869.
Coote Lombard, Foreman.
C. A. Broughek, Jno. W. Robinson,
11. C., Fulmer, Jas. M. McKee,
W. H. 11. Green.
Cotton and Cotton Goods. —The
markets for cotton and cotton goods,
the World thinks, have reached a crisis
that must he followed by important re
sults:
“The stocks of cotton in this country
have become so reduced that, (we are
told.) with all that may he expected to
come to market during the next lour
months, there will uot be enough to
:. keep the spindles of this country going
during that time. A number of inter
esting questions consequently arise :
Will cotton goods sufficiently advance
to justify spinners in importing cotton
from Liverpool ? In the competition
for cotton, to what prices will it ad
vance ? In the ‘crushing out’ process
to which the smaller spinners are being
subjected, what effect will it have upon
public and private credit and the money
market ? How long can our great tnan
: ufacturers go on piling up goods pro
duced at a loss ?
“Some people argue that, because
I cotton goods cost more than they are
now bringing, they must therefore ad
vance. This by no means follows. It
j has appeared for the past year that
though favored by cheaper breadstuff's,
more cotton goods have been manufac
i tured than could be sold, even when
prices were reduced below cost. High
.taxes and an inflated currency are bur
dens whose weight will be felt, and it is
not safe to prognosticate prosperity un
der their load.”.
TIIE PBIMK CAUSE OF THE REBEL
LION.
Letter from lion. A. 11 Ntepliens In
Reply to lion. 8. S. Nicholas.
Liberty Hall,
1 Crawfordsville, Ga., 4th June, ’67.
Messrs. Editors Washington Intelligen
! ter, Washington, D. O.:
I noticed in an issue of your paper
some weeks ago an editorial in the fol
lowing words:
THE PRIME CAUSE OF THE REBELLION.
We publish to day a communication
from Hon. S. S. Nicholas, of Kentucky,
upon “the causa causans of the rebel
lion, its remedies, &c.” Judge Nicho
las lias long been a close and intelligent
student of our political affairs. A life
long and unswerving advocate of the
maintenance of constitutional rights,
he has watched with zealous regard
every movement to impair its force. To
these observations he has brought the
aid of a powerful intellect, an iron ener
gy, the experience of half a century de
voted to judicial and literary labors, and
a patriotic devotion that is questioned
by none who know him, although oft
entimes differing widely from his opin
ions. A communication upon such a
subject from such a source must always
command respectful consideration and
invite serious reflection.
In the same paper appeared the com
munication of Judge Nicholas referred
to, which is entitled:
“the causa causans of TnE LATE
REBELLION.”
In this article the writer indulges in
some remarks in reference to myself
which I do not think ought to be per
mitted to pass unnoticed by me, coming
from the high source they do, aud being
endorsed, as they are, by so high au
thority as the National Intelligencer.
The cause of truth, as I understand it,
requires that they should not be permit
ted thus to pass. I must, therefore, ask
your indulgence in allowing me to make
such comments in reply as I think the
matter deserves. This would have
been done at an earlier day but for con
tinued severe bodily affliction. The
remarks to which I specially refer are
as follows:
The following condensed extracts are
taken from the elaborate and able hook
of the Hon. A. H. Stephens on the
causes of the late rebellion, and in at
tempted vindication of the pernicious
dogmas of secession:
“In the nature of the United States
Government aud character of the Union
can alone be discovered the remote but
real causes of the war. All these trou
bles resulted as inevitable consequences
from the violation of the fundamental
laws governing our political system.
“Negro slavery was unquestionably
the occasion of the war, the main exei
ting cause ou both sides, but was not
the real cause, the causa causans, of it.
“The war was inaugurated ou the one
side to vindicate the right of secession,
and on the other in denial of the right
and to resist its exercise. It grew out
of opposing views as to the nature of
the Government, and where, under our
system, ultimate sovereign power or
paramount authority resides.”
Mr. Stephens lias a perfect right to
use bis time anil talents in self-justifica
tion as an aider of the rebellion, hut lie
is not justifiable in even unintentionally
drawing upon the orthodox State rights
principle additional obloquy by his at
tempt lo show that “opposing views”
as to those rights was tiie true cause ol
the civil war.
What Judge Nicholas means by “the
orthodox State rights principle” he has
not stated; nor has lie intimated wherein
I have in the book to which he refers
“unintentionally” or otherwise attempt
ed to draw upon this orthodox principle,
according to his idea of it, additional
obloquy or obloquy of any kind. Noth
ing certainly was further irom my design
than what is thus imputed to the result
of my labors. The great object with
me was not self-justification barely, as
he intimates, hut the vindication of the
only true State rights principles which
are consistent with the facts of the his
tory of our country. On these alone our
entire fabric of constitutional liberty
was based in the beginning, and on
these alone can it be maintained and
preserved for the future. These princi
ples from the indisputable and irrefrag
able facts of history adduced in their
vindication, and, I may say, establish
ment beyond the power of refutation,
necessarily carry with them tho sover
eignty of the several States.
Whatever ideas Judge Nicholas may
have of the orthodox principle of Stato
rights, I venture to affirm that it would
be impossible for him, or anybody else,
to name any single right of a State, or
any single principle of a State rights
under our system, which does not de
pend for its existence upon the necessa
rily admitted sovereignty of the several
States 1 There is no such thing as State
rights without State sovereignty. The
States severally possess no power, nor
enjoy any privilege, by favor, grant, or
delegation. Ail tneir rights and powers,
as well those retained as those delega
ted, are inherent and sovereign. This
is an indisputable truth. It is equally
true on the other side, that the General
Government possesses no power by in
herent or sovereign right. All its rights
and powers are held by delegation only;
and held in trust by delegation from the
sovereign States constituting it. Os
course I speak of matters as they stood
“ante bellum."
If the facts of our history be as set
forth in the volume referred to, (and the
world is challenged to disprove them,)
then the conclusions to which they lead
are inevitable, even though they lead to
a complete justification of the sovereign
right of secession as the only sure check
and barrier against the usurpation of
undelegated power on the part of the
General Government. In the domain
of reason the conclusions of logic are
inexorable. This is the appropriate
domain of history. Within its limits
my labors were strictly confined.
But my object in this note is not to
join or raise any discussion with Judge
Nicholas on the matter of orthodox
State right principle. It will be time
enough for me to do this with him or
anybody else when there is an attempt
made, by reason and argument, to refute
the positions of the book upon that sub
ject. What Ido not wish to permit to pass
unnoticed is what he styles “condensed
extracts” from the book referred to.
Against one of these “condensed ex
tracts” it is my wish to enter a respect
ful protest. Many of your readers, in
this as well as in foreign countries, may
see these extracts who may never see
the book itself. Ido not wish them to
remain under the impression that I am
therein accurately quoted; at least, if
they give sufficient attention to the sub
ject to be impressed by the matter at all,
I think it essential to a correct under
standing that their opinions should be
formed from my own language, and
not his representation of it.
What I said about the chief cause, the
origin, and actual inauguration of the
war is in these words:
“Slavery, so called, or that legal sub
ordination of the black race to the white,
which existed in all but one of the State
when the Union was formed, and in
fifteen of them when the war began,
was unquestionably the occasion of the
war, the main exciting proximate cause
on both sides—on the one as well as the
other. But it was not the real cause,
the 'causa causans,' of it. That was the
assumption on the part of the Federal
authorities that the people of the sever
al States were, as you say citizens of
the United States, and owed allegiance
to the Federal Government as the abso
lute sovereign power over the whole
country, consolidated into one nation.
The war sprung from the very idea you
have expressed, and from the doctrines
embraced in the question propounded
to me. It grew out of different and di
rectly opposite views as to the nature of
: the Government of the United States,
and where under our system, ultimate
sovereign power to paramount authori-
I ty properly resides.
Considerations connected with the
legal status of the black race in the
I Southern States, and the position of
several of the Northern States towards
it, together with the known sentiments
and principles of those just elected to
the two highest offices of the Federal
Government, (Messrs. Lincoln and
Hamlin,) as to the powers of that Gov
ernment over this subject, and others
which threatened, as was supposed, all
their vital interests, prompted the South
ern States to withdraw from the Union,
for the very reason that had induced
them at first to enter into it: that is,
their own better protection and security.
Those who had the control of the ad
ministration of the Federal Government
denied this right to withdraw or secede.
The war was inaugurated and waged
by those at the head of the Federal Gov
ernment against these States, or the
people of these States, to prevent their
withdrawal from the Union. On the
part of these States which had allied
themselves in a common cause, it was
maintained and carried on purely in de
fence of this great right, claimed by
them, of State sovereignty and self
government, which they with their as
sociates had achieved in their common
struggle with Great Britain, under the
Declaration of 1776 and which in their
judgment, lay at the foundation of the
whole structure of American free insti
tutions.
“This is a succinct statement of the
issue, and when the calm aud enlighten
ed judgment of mankind, after the pas
sions of the day shall have passed off,
and shall be buried with the many gal
lant and noble spirited men who fell on
both sides in the gigantic struggle which
ensued, shall be pronounced, as it will
be, upon the right or the wrong of the
mighty contest, it must be rendered in
favor of the one side or the other, not
according to results, but according to
the right in the issue thus presented.”
—Constitutional View of the War Late
Between the States, Vol. I, p. 28.
Now, if Judge Nicholas saw no dif
ference between the issue thus present
ed by me touching the inauguration of
the war, and that in his condensed ex
tract, then perhaps, it would be a use
less waste of time to argue with him
upon the subject of State rights, or any
other question which requires close at
tention to the proper import of words.
If he did see the difference, then there
is no need for any further defence be
fore an intelligent public for his arraign
ment of me for doing what he is pleased
so gratuitously to say I had no right to
do, or was “not justifiable” in doing.
The reil cause of tho war, as set forth
in the issue presented by me, condensed
in a few words, was the denial of the
fact that ours was a Federal Govern
ment; and a violation of this fundamen
tal principle of our complicated political
organization ou the part of those con
trolling the General Government at the
time, by assuming that the United States
constituted a nation of individuals, with
a consolidated sovereignty in the Cen
tral Government, to which the ultimate
as well as tho primary allegiance of the
citizens of the several States was due,
and that any attempt by the several
States or any of them to resume the
sovereign powers which had been pre
viously delegated in trust only by them
to the Federal agency, was rebellion on
their part. This violation of organic
principles is stated to have been the im
mediate and real cause of the War—-the
"causa causans" oi it. This statement,
sustained by indestructible facts as it is,
must remain the truth of history for all
time to come.
As to the origin of the war, or tiie first
outbreak of hostilities, I did not say that
it was "inaugurated on the one side to
vindicate tiie right of secession, and on
the other in denial of the right and to
resist its exercise.”
It was not inaugurated by the seced
ing States at all. It was inaugurated
and waged by those controlling the Fed
eral Government to prevent secession.
On the part of the seceding States, it
was carried on purely in defence of their
right to withdraw from the Federal
Union of States, which they claimed as
a sovereign right. This is the substance
of the statement on that point; and so
the fact will go down to posterity.
The truth is well established that the.
seceding States did not wish or desire
war. Very few of the public iften in
these States even expected war. All of
them, it is true, held themselves in read
iness for it, if it should be forced upon
them against their wishes and most
earnest protestations.
This is abundantly and conclusively
apparent from the speeches and address
es of their leading public men at the
time. It is apparent from the resolu
tions of the State Legislatures and the
State conventions, before and in their
acts of secession. It is apparent and man
ifest from their acts in their new Con
federation at Montgomery. It is appa
rent from the inaugural address of
President Davis. It is apparent from
the appointment of commissioners to
settle all matters involved in the sepa
ration from their former confederates
honorably, peaceably, amicably, and
justly. It is apparent and manifest
from every act that truly indicates the
objects and motives of men, or from
which their real aims can be justly
arrived at. Peace not only with the
States from which they had separated,
but peace with all the world, was the
strong desire of the Confederate States.
The war was not only inaugurated
by the authorities at Washington, as
stated, but it was inaugurated by them
while the Confederate Commissioners,
with the olive branch of peace in their
hands, were at the seat of the General
Government, and were given to under
stand by those in authority there, that
Fort Sumter, which became the scene
of the first conflict of arms, would,
at an early day, be peacefully evacuated
by tho Federal troops then holding it.
The war was inaugurated, if not begun,
when the hostile fleet set out.for Char
leston for the purpose of reinforcing that
fort, "fas aut nefas." Hallam has well
said that the “aggressor in a war is not
the first who uses force, but the first
who renders force necessary.” And so
the fact of history will ever show how
and by whom this late terrible and most
lamentable war was inaugurated as well
as by whom it was begun. They will
show who were the actual aggressors,
and who first violated the organic prin
ciples and laws of our American system
of self government by the people.
What ever may be the ultimate results
of this war, so far as the fate of consti
tutional liberty on this Continent is
concerned, the responsibility of its in
auguration can never be justly and tru
ly charged upon the seceding States.
Their object in separating from their
former associates, with whom they con
sider they had been united in Federal
compact, was not only to remain in
peace with them, hut to preserve and
perpetuate the principles of that Consti
tution which had demonstrated such
wondrous results as a bond of Union
| between sovereign States so long as its
: principles had been adhered to, but
which they apprehended, under errone
j ous construction, if not checked, would
J soon lead to consolidation and despot
! ism.
If they were right in their position
that ours was a Federal Government,
then the authorities at Washington
: were the aggressors in inaugurating
the war to prevent the exercise of the
right of withdrawal; if they were wrong
j in their position as to the character of
the General Government; if it, in fact,
was not Federal in its nature and cliar
; acter, but was a Government with a
consolidated sovereignty in the central
head, then they were the aggressors in
rendering the inauguration of the war
necessary for the maintenance of cen
tral supremacy. The whole matter of
right or wrong in the beginning of the
war, as well as its disastrous conse
quences, depends upon the great ques
j tion, whether the General Government
was a Federal Republic or not, and
j what, under the Constitution, was the
true “orthodox State rights principle”
to which Judge Nicholas refers, but
[ does not enlighten the public upon. In
other words, it depends upon the true
answer to the question, Where, under
our system, does sovereignty reside ? Is
it lodged in the General Government,
or has it passed to the whole people of
j the United States as one aggregate mass,
or does it still remain with the people
of the several States as distint political
organizations ?
The doctrine of the book is that sov
ereignty resides just where it did in
1776, 1778 and 1787—that is, with the
people of the several Statet! It maintains
that all that the States did by the adop
tion of the Constitution was to delegate,
in trust, the exercise of certayi specific
and limited sovereign powers to the
General Government, while they retain
to themselves, severally, sovereignty
itself, that great source from which all
political powers emanate.
This doctrine, I must insist, too, is
not only tho true doctrine but the ortho
dot doctrine upon the subject; J udge
Nicholas’ opinion to the contrary not
withstanding. Upon the point of or
thodoxy in reference to this matter, I
know of but one standard on the subject,
and that is the Jefferson standard ercct
ted and establi shed in the first of Ken
tucky’s great resolves of 1798. The
doctrine |of this chief apostle of State
rights and human rights, then announc.
ed, rescued and saved the country from
consolidation and centralism in 1801.
Under the operation of this most ortho
dox principle so established, with the
general and tacit acknowledgment of
its correctness by all the Departments
of the Government, we increased, grew,
and prospered for sixty years as no na
tion on earth ever did before. What
ever disturbances temporarily marred
the harmony of the general system in
the interval upon the subjects of tariff's,
internal improvements, the status of the
African population, &c., grew out ot
departures, or attempted depariures, in
the Federal Administrations from the
standard thus erected by Jefferson as to
the nature aud extent of the powers of
the Federal Government. The more
nearly the principles taught by him
were adhered to, the more prosperous
and happy the nation was in all its
parts and members.
I use the word nation in this eounec
tion purposely, for, notwithstanding the
very great abuse of this word, in very
recent times, we are nevertheless a na
tion in a very proper use of that term.
Far was it from my object in the argu
mentin the volume referred to by Judge
Nicholas to show that “the United
States do not constitute a nation,” as I
have seen it stated by somo writer, in
what he was pleased to consider a review
of the work. The great object with me,
on the contrary, was to show not only
that we are a nation, but what sort of a
nation we are ! It is most clearly de
monstrated in that argument that
we are not a nation of indi
viduals, blended in a common mass,
with a consolidated sovereignty over the
whole, but it is shown with equal clear
ness that we are a nation, the constitu
ent elements or members of which are
separate and distinct political orgaiz-i
--tions, States or sovereignties ?
It is shown that ours is a convention
al nation—one created by compact All
fe'deral republics, and all confederations
between separate and distinct sovereign
powers, are conventional nations. We
were a nation under the first Articles of
Confederation, and we are just such a na
tion now—not a nation of one people or
one political organization,but a nation of
several distinct political organizations.
We are a “confederated nation,” as
Washington properly styled the present
Union. That is, a nation of States, or
what is the same thing, a nation of na
tions. Hence the appropriateness of the
motto adopted by the fathers to express
the idea of their work — "E pluribus
unum."
In this sense we are not only a nation,
but a nation of the highest and grandest
type that the world ever saw. It rises
above the simple to the complex form.
It is, indeed, in many respects a pe
culiar nation, even in its complex form,
differing irom all other nations of its
own type in many of its most striking
characteristics. These peculiar features
of its structure place it far in advance
of all other confederate Republics in
its wise provisions for the preservation
of free institutions, if it be but rightly
administered. The most important of
these features is the new principle
which it introduced in the plan of fed
eral unions, of permitting the common
government, the conventional power
or nation, to execute its delegated pow
ers, within their limited sphere, directly
upon the citizens of tho several States,
or smaller nationalities composing it.
This new idea of so constituting a
federal republic as to make of its sepa
rate members “one nation as to all for
eign concerns, and to keep them distinct
as to domestic ones,” with a division
of the powers delegated into “legisla
tive, executive, and judicial depart
ments,” with a perfect machinery of
government to operate within prescribed
limits in the execution of the delegated
powers, constitutes the most striking
difference between our present Federal
Union and all former republics of its
class. It makes the greatest stride of
progress in free institutions ever before
made. It is this which has so impressed
the minds and excited the admiration of
intelligent foreigners in contemplating
the wonderful workings of the Ameri
can system. This is the feature to
which the learned and philosophic De
Tocqucville refers when, speaking of
our constitution, he says :
“This Constitution, which may at
first be confounded with the federal con
stitutions which have preceeded it,rests,
in truth upon a wholly novel theory,
which may be considered as a great dis
covery in modern science. * * And
this difference produced the most mo
mentous consequences.”
Os the same feature Lord Brougham
has recorded his opinion in the follow
ing words of high import:
is not at all a refinement that a
federal union should be formed ; this is
the natural result of men’s joint opera
tions in a very rude state of society.—
But the regulation of such a union upon
pre-established principles, the forma
tion of a system of government ami leg
islation in which the different subjects
shall be not individuals but States, the
application of legislative principles to
such a body of States, and the devising
means for keeping its integrity as a led
eracy while the rights and powers of the
individual States are maintained entire,
is the very greatest refinement in social
policy to which any stato of circum
stances has ever given rise, or to which
any age has ever given birtn.”—Broug
ham's Political Philosophy, vol. 3. page
336.
This grand conception of so forming,
modelling, and constituting our Union
of States, which so impressed De
Tocqueville, and which Lord Brougham
considered “the very greatest refine
ment in social policy" “to which any
age has ever given birth,” originated
with Mr. Jefferson. It came from the
same master mind whoße master hand
drew the Declaration of Independence
in 1776, and in 1798 set forth with so
much clearness and power the true, if
not at present orthodox principles
of tho whole structure of our Federal
organization in the entire series of Ken
tucky’s famous resolutions, before re
ferred to, anil which were so thoroughly
endorsi and and i stahiishi and by the country
in 1801 To the a-lmmstiation (HU the
Government in conformity with these
principles, or with but slight departures
from them, “the momentous conse
quences” spoken of by DeTocqueville,
distingushing our unparalleled career,
for sixty years, in growth, prosperity,
happiness, and real greatness is mainly
attributable.
And now, Messrs. Editors, do you
ask, Cui bono f Why so much written
upon the dead issues of the past, when
questions of so much magnitude of a
practical character press upon the pub
lic mind ? II so the reply is two fold.
First, to vindicate the truth of history,
which is itself a high duty on the part
of any one who has it in his power to
do it; and, in the Becond place, to show
the people of these States, in this vindi
dation, not only the true cause, the real
| "causa causans" of the late war, but the
real cause of their present troubles. The
Federal machinery for the last ten
years has been abnormal in its action.
It most be brought back to the Jeffer
sonian doctrines, and made to conform
j iu its workings with tue organic princi-
NO. 15.
ples of its structure, before there cau
possibly be a return of the days of peace,
harmony, prosperity, and happiness
which formerly marked our course.
There is uo other hope for constitutional
liberty on this continent. Judge Nich
olas may 'dream dreams’ about another
constitutional amendment, providing a
new mode of electing the President,
but the remedy lies iu no such device
as that. It lies simply in bringing back
the Government in its administration to
original first principles. This is to be
done not'by secession, however rightful
aud efficient a remedy that might be.
That is abandoned. Nor is it to be done
by force or violence of any kind, except
the force of reasou aud the power of
truth. It is to be done, if at all, at the
ballot-box. Free institutions are more
generally lost than established, or
strengthened by a resort to physical
force. They are eminently the achieve
ment of virtue, patriotism, and reason.
That our institutions, aud even nominal
form of government, is now in great
danger, the'prudent, sagacious and wise
everywhere virtually admit. An able
editorial in your own paper, uot long
since, put the pertinent and grave ques
tion, “Whither are we drifting?” To
this question I take occasion for one to
give you a direct and positive answer.
We are drifting to consolidation aud
empire, and will laud there at no distant
period as certainly as the sun will set
this day, unless the people of the several
States awake to a proper appreciation
of the danger, and save themselves from
the impending catastrophe by arresting
the present tendency of public affairs.
This they can properly do only at the
ballot box. All friends of constitutional
liberty in every section and State, must
unite in this grand effort. They must
seriously consider and even reconsider
many questions to which they have
given but slight attention heretofore.
They must acquaint themselves with the
principles of their Government, aud
provide security for the future by study
ing and correcting the errors of the
past.
This is the only hope, as 1 have stated,
for the continuance of even our present
nominal form of government. Depend
upon it, there is no difference between
consolidation aud empire! No difference
between centralism and imperialism 1
The end of either, as well as all of
these, is the overthrow of liberty and
the establishment of despotism. I give
you the words of truth in great earnest
ness—words which however received
or heeded now, will ho rendered eter
nally true by the development of the fn
ture.
Yours, most respectfully,
Alexander H. Stephens.
The Wurruntnu Arrest*.
Warkknton, June 9, 1869
Editors Chronicle Sentinel:
Many reports ol occurrences in this
towu will find their way to the press,
aud for the purpose of giving you, aud
through you the people at large, a cor
rect account ot them, I write this letter.
Iu March last the office of Sheriff was
made vacant in this county by the ab
sence of John U. Norris from the coun
ty; he had no deputy, though he has
filled the office ever since his election,
about a year ago. The Ordinary ot this
county, in view of the approaching term
of the Superior Court, and other emer
gencies, after taking legal advice, both
here aud elsewhere, passed an order
appointing Mr. J. Raley, au old, efficient
officer, to fill the vacancy, "ad interim."
This order was entered on his minutes,
reciting that he had evidence that the
former Sheriff'had left with no intention
of returning. Ou the first Monday in
April following the presiding Judge
(Judge Andrews), at the opening of the
Court, put an order on his minutes re
citing the absence of the Sheriff’, and
that there was no deputy, and appointed
Mr. Raley Sheriff lo servo as such dur
ing the term and for ten days afterward,
as provided by the Code of the State.
The Code further provides (see sections
251 and 252 of Irwin’s revised Code)
that if, after the expiration of ten days
the officer vacating his office does not
appear, the appointed may continue as
such until there is au appointment or
election. The 251st section, under
which the Judge made his appointment
in April, provides “if there is a vacan
cy in the Clerk” (Sheriff, for the same
provision applies to both) “and his
deputy for any reasou does not act as
clerk” (Sheriff) “at the time provided
by law holding any of said courts, the
presiding Judge shall appoint a clerk”
(Sheriff) “who holds his office during
the time and for ten days thereafter.”
Mr. Norris did not return to the county
until the fourth day of June, and then
with a military escort commanded by
j Col. Hughes ot the U. S. A.; he came
with a paper signed by Governor Bul
| lock deciding the question ot his right
| to the office of Sheriff in his favor.
! During Norris’ absence it is known
[ that he was iu Atlanta, and in
j constant consultation with the Gover
i nor. With this paper signed by Gov.
Bullock, which Norris brought to this
j place, came orders from Gen. Terry to
the commandant at this post, instruct
ing him to recognize Norris as Shdriffj
and to furnish him men when demand
ed. Os course I cauuot say what these
orders were precisely, but the sequel
will show that Norris had full powers
| to use the entire command for his pur
poses when necessity required it, and
that he was to be the judge of that ne
cessity. There can be no question but
that Gov. Bullock anil Gen. Terry both
knew that there was a Sheriff' in office
j iu Warren acting under authority when
j the decision and orders were made. On
j the sth day of June, Judge Andrews
} passed the depot at this place, and was
i called upon by officers of this command
J to enlighten them upon the vexed ques
tion; but he very properly declined to
express an opinion, and said that the
identical question was then pending
before him, aud iu a few days he would
decide it.
Colonel Hughes, Judge Andrews and
Mr. Norris went ou the train together,
aud Colonel Hughe* had full knowledge
of Judge Andrews’ views and inten
tions; he went to Atlanta with Norris,
and it is highly probable—almost eer
tain—that he communicated to his chief
and Governor Bullock the conversation
with the Judge ou the 7lh of June.—
I Norris returned with au additional toree
I of about one hundred aud thirty men,
j and went with them into camp; addi
tional orders came to the command, it is
supposed, for iu about, three hours after
i his arrival he ordered a detachment of
| soldiers to arrest the actining Sheriff,
I Haley, refused lo show his authority
| when demanded by Raley, reiused to
j give time for suing out habeas corpus,
j and iu less than one hour, at the head
j of a detachment of thirty or forty sol
I diers with a commissioned officer,
marched him to jail aud put him iu the
; dungeon. The best that I could do was
to get the writ returnable ou Tuesday
i morning, the Bth, and had copies of it
1 served on Norris, Major Van Wart, the
| commander, and the Lieutenant of the
j guard. On the night of the Bth Norris,
j with his squad, arrested Messrs. E. E.
i Cody, E. S. Cody, .Tames M. Cody, H.
| Martin and A. J. Hartley, refusing to
show or state any authority when de
i manded. One was taken from his bed
j at a late hour of the night in the presence
Jof his family; two others taken from
I their beds, and after the arrest of one,
his gun aud pistol was taken from the
house and carried away by Norris ; all
I were lodged iu jail immediately on their
arrest. On the morning of the Bth
Raley was produced under the writ of
| Norris. Major Van Wart lam glad to
say) respected the process, and answer
! ed denying custody, but that hiß com
mand was only acting as "posse commi
l latus" under orders from his superior
1 officer at Atlanta. Norris with great
reluctance, made his return and with
! it affidavits and warrants under the
hand of a Notary Public ex officio J. P.
of Fulton county. The affidavits were
made by Norris himself and put into his
hands for execution, with orders to take
the parties before the Notary in Atlanta
or some judicial officer. Some charg
; ing an assault with intent to murder
1 him (Norris), some an assault with in-
tent to rob jail keys, some for freeing a
party from jail. It is not known wheth
er the genius of tho Attoruey General
of the State was employed in these
specimens of criminal pleading, hut Mr.
Norris stated in open court that he was
his counsel and had been telegraphed for
to prosecute the cases. No one will
deny but these arrests and imprison
ments were illegal, contrary to, and in
defiance of of law. Rut the parties, all
being anxious to meet the charges,
waived all objections and proposed to
give their recognizances with any
arnouut of bond for their appearance at
any court in the county iu which the
crimes they were charged to have been
committed. This Norris resisted, and,
with a force of fifty men or more at his
command, urged the confinement of all
in jail. The Judge (Dr. R. W. Hubert),
Ordinary, decided inTavor of the peti
tion for hail and released them on strong
bonds at their own request. On the af
ternoon of the same day au injunction
was served ou Norris, issuing from
Judge Andrews, commanding him to
perform no official act until the further
order of Court. Here tho matter now
rests, and but for this, in twelve hours,
the county prison would have been
made a bastile for Norris and Governor
Bullock. It remains to be seen whether
orders from Atlanta will direct him to
respect this process of the Court or not,
and whether General Terry will sustain
him in defiance of the law.
As had as Norris’ conduct has been,
all these wanton and wicked violations
of law, and the liberties of the "citizen
are plainly referable to a faithless Exec
utive, whose motive, I fear, is to irri
tate our people to antagonism with the
military, and use this for purposes for
eiiru to the constitutional duties of his
office, and doubtless will excite wonder
that the Commander of this military de
partment should suffer his power to be
used for such illegalßfurpoßes. Are we
living under a Constitution which pro
tects life, liberty and property? In
stead of having au Executive to main
tain thu honor and defend his State, we
have one who plotaand contrives loop
press the citizens, and. trample upon
their liberties. It' crime has been com
mitted in this community, it ought to be
and can be investigated. Tho acting
Sheriff Raley, is able and willing to ex
ecute any process, and can command a
“posse coinitatus” front the body of the
citizens, if necessary without tho aid of
the military. But this is uot what they
want. A peaceful administration of
the law would not suit their purposes.
Strifes and collisions are quite necessary
to inflame aud keep open wounds which
are fast healing. 1 am happy to say
that this plot has thus far miscarried ;
though thu provocation has been great,
our people have borne it with manhood
and patience. The first known act of
Gov. Bullock in this matter was to de
cide who was the lawful Sheriff of War
ren county. Whence comes this right
of the Executive department to assume
a function which belougs to attolhor co
ordinate branch of the government to
decide all judicial questions? Tho usurp
ations appear more flagrant whon his
decision was pul iu force by him, with
the military to back it, after he knew
the exact question was pending in the
Superior Court, and that, too, before a
Judge of his own selection. For all il
legal arrests aud restrainls upon liberty
which followed, Gov. Bullock must be
held responsible before tho tribunals of
public opinion. It affords me pleasure
to add that, in the performance of their
delicate duties, the commander of the
troops, with officers and men under
him, without an exception, conducted
themselves with eminent propriety and
a just regard for the sensibilities of our
people. No good citizen desires to
assail or evade the requirements ot the
law. To its supremacy in all things
let us bow.
I am your obedient serv’t,
E. H. Pottle.
full Farllfulnri of Hie Killing of
Cui. Flournoy.
Pompty, a Negro, Committed for the
Crime— Universal Regret for his Loss
—Closing of Stores.
Sandkksville, Ga., June 10,1869.
Editors Chronicle Sentinel:
At the inquest hold by Coroner Brunt
ly, over the remains of the lamented
Colonel Flournoy, tho following facts
were elicited:
While he was sitting in his room
reading to 111# wife ou Tuesday last, he
noticed, from a window overlooking a
field to the right ol the house, that the
negro Pompey was plowing his (F.’s)
buggy horse unusually hard, when he
remarked to his wife, ‘‘l must go out
and talk to Pompey about the horse. 1
had to scold him once before, and he is
mad with uie." lie arose and went to
the field, but had not been gone more
than five minutes when Mrs. F. hoard
the report of a pistol. She called Esth
er (Pompey's wife, who was about the
house,) to run and see what the diffi
culty was, and, as she started, a second
report was heard by Mrs. F., who im
mediately ran out of tho house, when
she heard Pompey call from the field:
“Miss Phelia, come here, Mass Dob has
shot hisself.” She ran down the lane,
following Esther, who got over the
fence first, and to where Mr. F. was
lying on the ground, about tun steps
from the fence. On getting to the fence
Mrs. F. said, “Pompey, you have killed
him,” and, in trying to get over the
fence she failed, from weakness or ex
citement, and called Pompey (who was
standing about four rows lrom where
Mr. F. was lying, holding the horse,)
to assist her in getting over, which lie
did. When she got to Mr. F. he was
lying on the ground, unconscious, With
a hole on the top of the right side of his
head, from which blood and brains were
oozing out, the right hand lacerated,
and Bigns of having been bitten on two
of his Ungers; his hat, with a hole in it,
was lying under his head, and a Colt’s
revolver about four feet from him. Mrs.
F., with the assistance of Pompey ami
Esther, carried him to the house. She
then ordered Pompey to go to town
(about one mile) after a physician,
which he did, after delays of one sort
and another. Riding up to Dr. Mathis’
office, about a quarter paßt ten o’clock,
he called out, in the hearing of several
citizens: “Doctor Mathis, Miss Phelia
says come to see Mars Bob—he has shot
hisself!” Dr. M. and several citizens
at once started for Mr. F.’s house,
where they found him in the condition
above described, in which he lingered
until 4 p. m., when he died.
Pbmpey denies having had any diffi
culty. But his testimony is so contra
dictory to that of his own wife and of
Mrs. F., that tho jury had no hesitation
in coming to the conclusion that “Rob
ert VV. Flournoy came to his death by a
pistol shot wound, inflicted upon him
by Pompey t and that we find him guilty
of murder.”
The ball entered the upper part of the
right parietal bone, goiug in a diagonal
direction through the brain, and lodged
a little under the left ear, where it was
found by the physicians who made the
poet mortem examination.
No event has ever caused such excito
meet throughout the country as this has.
Everybody views Col. Flouruoy'sdeath
as a personal loss. He was the pride of
the county, and it will be a long time
ere we will look upon his like again.
Ho was buried by Hamilton Lodge No.
58, F. A. M., in the presence of a large
concourse of citizens, at 9 a. m. to day,
at his plantation. AH places of busi
ness in town wero closed until noon.
N.
A Monbteh Pompano. —Messrs. F.
W. Perkins & Cos., agents for the Alli
ance Line of Florida and Havana
Steamship, received this morning by
the Steamship Tappabanock, from their
agent, Col. Brady, at Apalachicola, a
monster pompano, caught in the Quit
off St. Vincent’s Island.
This noble specimen measures thirty
five inches in length and fifteen inches
in breadth, and weighs, with entrails
removed, over twelve pounds. This,
we suspect, is the largest pompano ever
captured.— N. O. Picayune.
The owner of American Girl offers to
match her against any trotting horse in
the world, mile heats, three in five, to
harness, for $5,000.
lowa has increased in population
957,000 during the past twenty five
years. She has now 7,000,000 and is
entirely out o.f debt.
Rich Dirt. —The Atlanta Intelligen
cer of Sunday says: “On Friday, Ooi.
Adair sold a farm of seventy acres in
Clayton county for $475 per acre, cash.