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BOlGHTOtf, NISBET & BAMES,
Publishers and Proprietors.
•izsrsssiv’!™”-
•l>k Canfeltratt Snion
Is published. Weekly, in Milledgcville, Ga.
Corner of Hancock and Wilkinson Sts.
(opposite Court House.)
At $3 a year in Advance.
BATCH OF AOTERTHINe.
Per square of twelve tines.
One insertion $1 00, and fifty cents for each subsequent
continuance. ... , , •
7’ho»esent without the specification of thenumberol
insertions will be published till forbid and charged
accordingly.
Busiuessor Professional Cards, per year, where they
do not exceed Six Lises ... $ 10 Oil
A libera! corUract will be made with those who wish tv
Advertise by the year,occupying a specified, space
LEGAL ADVERTISEMENTS.
Sales of Land uud Negroes, by Administrators, Ex-
ecut«rs or Guardians, are required by law to be held
on the first Tuesday in the month; between the hours oi
111 in the toreuoon and three in the afternoon, at the
Courthouse in the county in which the property is sit
uated.
Notice of these sales must be given in a public ga-
zeit3 40 days previous to the day ol'saie.
Notices forthe sale of personal property must begiv-
en in like manner ltl days previous to saie day.
Notices to the debtors and creditors of an estate must
al-o be published 40 days.
Notice that application will be made to the Court of
Ordinary for leaveto sell Laud or Negroes, must be
published for two months. .
Citations for letters of Administration Guardianship,
fire., mustbe published 31) days—for dismission^from
Administration, monthly six months for dismission
trom Guardianship, 40 days. ,
Rules for foreclosure of Mortgage must be published
monthly forfour months—f.JWWtublishiug lost papers,
forthe full space of three months—for compelling titles
from Executors or administrators, where bond has been
given by the deceaced, the fuil space of three
months.
Publication? will always be continued necording to
these, the legalrequirements, unless otherwise ordered
at the following
RATES:
Citations, on letters of administration, See.
“ “ dismissory from Admr’n.
“ “ “ Guardianship.
Leave to sell Land or Negroes
Notice to debtors and creditors.
Sale3 of personal property, ten days, 1 sqr.
Sale of land oi negroes by Executors, See. pr sqr. 5 00
E-trays, two weeks _ 1 50
For a man advertising his wife (in advance,)
$2 75
4 50
3 00
4 00
3 00
1 50
CONFEDERATE UNION.
VOLUME XXXIII.]
MILLEDGEVILLE, GEORGIA, TUESDAY, APRIL 28, 1863.
[NUMBER 49.
5 00
BOOK-BINDING.
Thf. Subscriber is now pre
pared to do Book*Bind-
ing", in all i ,s branches
Old Books rebound, &c.
MUSIC bound in the best style. Blank Books
manutactured to order. Prompt attention will be
given to all work entiusted to me.
b 8. J. KIDD.
Nonllicrn Federal I'niou Office.
43
Bindery :
Milledgeville, March 10th, 1861.
SPECIAL NOTICE.
fTTHE undersigned having removed from Mil—
ledgeville desires and intends to close up his
business matters of that place speedily as possi
ble. All persons indebted are notified that the
not es and accounts are in the hands of J. A.
Breedlove, and P. II. Lawler, who are authori
zed to collect and make settlements If not ar-
ranged at an early day, settlements willbe enforced
by law. .
13. tf. A. 6. VAIL, Agent.
Railroad.
Western & Atlantic
(Stale
Atlanta to Chattanooga, 138 Miles, Fare $6 do
JOHN S~ROWLAND, SurT.
Passenger Train.
Leave Atlanta at 7 3R P-
Arrive at Chattanooga at 4 jj 7 A. M
Leave Atlanta at...'. £ M.
Arrive at Chattanooga at •> ^
A room mod at ion Passenger Trnin.
Leave Atlanta
Arrive at Kingston
Leave Kingston .
Arrive at Atlanta 8 4oA-M.
This Road connects each way with the Rome
Branch Railroad at Kingston, the East Tennessee
Georgia Railroad at Dalton, and the Nashville
Sc Chattanooga Railroad at Chattanooga.
July 29,1862.
6.57 P. M.
4 30 A.M.
10 tf.
New Arrangement.
Change of Schedule, on and after Monday llffi inst
THE Subscribers are convey-
ing the C. 8. Mail from Mil-
Mgeville via Sparta, Culver-
ten and Powelton to Double^ —
Welle,aDd would respectfully invite the attention el
their friends and the travelling public, to their new
and complete arrangement for travelling facilities
over thisline.
SCHEDULE—Leave Milledgeville after the arrtva
of trains from Columbus. Macon and Savannah; Ar-
rive in Snarta at 6o’clock P.M. and at Double Wells
rive in Sparta
game evening. . ,,-
Leave Double Well* after the arrival of morning
trains from Augusta. Atlanta and Athens; Arrive at
Sparta 11 o’clock, A. M.; Arrive at Milledgeville same
evening
With good Hacks, fine Stock and careful driver*,
wesolicitaliberalpatronage. MooKE F0RBS
BlaeeOaite*—Milledgeville Hotel Milledgeville;Ga.
Edwards' House. .Sparta.
Moore's Hotel, Double Wells.
July 11,1859.
8 tf.
JOHN T. BOWDOIIf,
ATTORNEY AT LAW,
Y1XTOXTOX. OX.
Eatonton, Ga., Feb. 14,1860.
50 Saw Cotton Gin for Sale.
38 tf.
[From the Winchester (Tenn.J Bulletin. ]
nr Dog.
Ut all the (lespicablec wretlies that
ever disgraced humanity, it is said that
Haynau was meanest. He it was who
warred upon wom^n and children, and
to this day his name is a synonym for
all that is vile. It was left to Butler,
the Beast of New Orleans, to bear off
the palm of ignominy which Haynau
had worn and in his outrages upon
all that is fair and virtuous and honor
able, be outstripped Haynau. We
think it impossible to find a baser
wretch in human form than Butler,
yet, if we are mistaken, thon indeed
does the superlative belong to W. S.
Rosencranz—whose legions invade the
soil of Tennessee. We have some in-
teresting news concerning his course
in and around Murfreesboro’ and
Nashville, and evely word is true. By
his order fifty houses have been burn
ed, as a retaliation for rebel raids up^
on the N. & C. and Louisville Kail-
roads. Not brave enough to mfet our
troops in fair combat, he resorts to
this inhuman mode of guarding his
rear. Among the houses burned vve
mention the palatial residence of Mr.
Scales, near Triune. Mr. S. is a broth
er-in-law of Win. B. Campbell, but a
strong Southern man. Our cavalry
drove in the enemy’s pickets, and ena
bled Mr. Scales to get away bis ne
groes. On account of this the enemy
laid waste his residence and out hou
ses, leaving his family dependent on
the charity of neighbors. It is said to
have been one of the most maguifi-
cent residences in Williamson coun-
ty.
The fine residence of Major Willis,
not far from Mr. Scales’, \tas also
burned, and a mill near Triune was
burned. In fact Rosencranz’s order
was for all residences owned or occu
pied by persons who had sons or other
members of the family in the Confed
erate service to be burned. On account
of this brutality a collision was im
minent at one time between the forces
of Gen. Stanley and Gen. Steidman.
The latter General had his forces un
der arms and artillery rea ly iu order
to put down such outrageous conduct.
Our intelligent informant was present,
and heard Gen. Steidman tell Gen-
Stanley that he (Steidman) did not
come to fight in such » warfare, and
that if he (Stanley) persisted in his ex
ecution of such orders, be would as
soon fight him as a rebel. Gen. Stan
ley replied that he was acting under
the orders of General Rosencranz, and
intended to see the order carried out.
But Steidman succeeded in saving a
number of houses, among them the
residence of General Battle, our State
Treasurer, now in Winchester.
In this connection we would men
tion that a daughter of Gen. Battle
and some five or six other ladies were
arrested for “passing the Federal lines
without authority,” and after a few
days imprisonment at Nashville were
sent up North to camp Chase. The or
der arresting them stated that they
were to be imprisoned for the war.
Merciful heavens! is there no redress
for such awful enormities'? The bare
recital of them is heart-rending—what
must the dread .reality be.
We have written the above facts as
we received them from the lips of one
who was banished from her home by
the order of Rosencranz—one who is
intelligent, truthful, accomplished, and
who witnessed the smouldering ruins
of many of the houses burned, and in
the dead of night saw the heavens lit
up by the consuming element which
the vandal hands of of «a Union-loving
race applied to property occupied by
innocent, helpless women and chil
dren. It is no idle tale to work upon the
feelings, but grim, ghastly truth only
faintly told. God speed the day when
such brutes will have to learve our de
vastated State.
Congressional.
Passage of the Tax Bill.
Richmond, April 20.
The House passed the Conference
Tax bill to-day previously passed by
the Senate.
The 1st section levies a tax of ei^lit
per cent upon the value of all naval
stores, salt, wines, liquors, tobacco
(manufactured or unmanufactured)
cotton, wool, flour, sugar, molasses,
syrup, rice, and other ■ agricultural
products, held or owned on the 1st of
July next, not necessary for family
consumption, growth or production
discipline. You know that it is necessary
to the efficiency, I might almost, say, to
the very existence, of an army. Obedi
ence, cheerful obedience, is the first
duty of a soldier. Perhaps, you may, at
some time, or other, have those for officers,
who are fude, violent and unkind.. This,
I hope, will never be the case, but if it
should, still yield a ready obedience to
their commands. If tliey act in such a
manner, that you cannot respect them as
men, yet, respect the offices which they
hold and show by your conduct, that you
will discharge your duties, whether they
do theirs or not. What may seem to you
to be harsh and unnecessary orders, may
be for your benefit and the benefit of your
of an} preceding year, and on all mon- , fellow soldiers. The preservation of health
eys on hand or on deposit on the 1st is a duty, which you, and all other sol-
of July, and on the value of all credits j diers, owe to yourselves and to your coun-
not employed in business income from tr y- Diseases are, often the result of
which is taxed one per cent. imprudence. Soldiers, an] particularly,
The fifth section provides a specific 1 f oun » , B ?4!° r8 ' are ’ Proverbially, care-
tax on each trade or business named j ^ andipd’fferent to them.health It is
, . . ; much easier to ward oft disease by pru-
tlierein, and an ad valorem tax on dencoand care, than it is to be restored
sales not inateiially different from tlie , ( 0 health after the disease is once con-
bill origina'ly passed by the House, i tracted.
except that hotels, taverns and-eating I Again, habits of carelessness arc inci-
houses are to be classified according ! dent to camp life, and, especially, with
the very young. These should be guard
ed against ; for the habits you are. no
formiug, will go with you through life,
GREAT SPEECH
OF
H0X. D. W. Y00RHEES,
ON
THE INDEMNITY BILL.
DELIVERED IN TIIE HOUSE OF REPRESENTA
TIVES, ON THE 1STH OF FEU. 1863.
(CONCLUDED.)
ONE of WATSON'S best 50 Saw Cotton Gins,
is offered for sale. This Gin is new, and is equal
to any in use. Sold for no fault, the present ow
ners having no use for it. Any planter wanting a
»> >d Gin,can' have a chance to get one at »re-
auction on the regular price. Apply at this office,
c 1 otX. Tift, or J. H. Watson, at Albany
HOES
K A DOZ. HOES Just received and for sale
OU by W RIGHT & BROWN.
Feb 2d, 1863. 37 tf -
A DUX! A DUX !!
T HE undersigned request all persons indebted
to them to call and settle.
HERTY & HALL.
Milledgeville, Jan. 10th. 1862. 34
• am l d. iavis.
GREENLEE BUTLER.
IRVIN & BUTLER,
ATTORNEYS AT LAW.
ALBANY, Georgia.
P RACTICE in the Superior Courts of the South
Western Circuit,—in Terrell, Randolph, and Kar*
iy counties, in the l’ataula Circuit,—in Worth and Ma
son Counties, in the Macon Circuit, in the United
States Cireuit Court at Savannah,—and by specie
toutraet,in any County in Southern Georgia.
January 1st" 1860. 34 tf -
ETHERIDGE 80 SON,
Factors, Commission and Forwarding
MSH.OBCA3W TS,
SAVANNAH, CA.
*- D. ETHERIDGE. W. D. ETHERIDGE, Jr.
July 15th, 1856.
8 tf
Not long since we heard a yonng
lady say,', that hereafter she intended to
buy none, hut homespun dresses. It was
a wise conclusion, -and we hope every
woman in the Confederacy will follow her
example, and buy no more of those goods
which blockade-runners are palming off on
the people as from England, when, in re
ality, they are from Yankeedom, and thus
save the gold in the country which, by tbis
means, goes into the pockets of our enemy.
This revolution has proved that the wo
men of the South are not mero butterflies
of fashion; they have labored cheerfully
and made sacrifices unmurmuriugly. and
have proved themselves worthy of their
patriotic husbands who are in the field.—
'PJjp young ladies liavc learned lessons of
usefulness and economy and will make
model wives for our brave young soldiers
when they return from the bloody battle
field to peaceful pursuits.
r^» Spring with bright smiles and adorn
ed with sweet flowers has come again
ith her gifts, to make glad the hearts of
® • < .3* ,1 crttmi-ol XT llTl.
the poor, who have suffered severely un
me r W!n ,„ Under
to their yearly rents, when the actual
or estimated rent amounts to ten thou
sand dollars; the tax shall be five hun
dred dollars. The smallest tax in this
paragraph is the section regulating
taxes on incomes, which is substantial
ly the same as those passed by the
Senate, except that interest in Con
federate bonds or stock is iTot ex
empt.
The tax on incomes over $-500 and
exceeding $1500 is five per cent; over
$1-500 and less than $3,000, five per
cent. On the first $1,500, then ten
per cent; of or over $3000 and less
than $5,000, ten percent: over $5,000
and under 0,000, 12A per cent.
All over $10,000, a tax of fifteen per
cent.
Section 10 imposes a tax of ten per
cent, on all profits during phe past
year by the purchase of provisions,
forage, shoes, cloths, etc,, except
made in due course of regular retail
business.
The sections in the Senate bill pro
scribing a tax in kind arc retained
with few modifications.
The iiei covers twenty-nine printed
pages.
From the Chattanooga Rebel.
I.etlcr from n Fill tier (o lain Son in II
Army.
, March 31, 1863.
may determine jour destiny for goo
for evil.
But all these things are matters of s:
importance, compared, witjj what I
s, compajed^ with 1
wish to call your af^pntionTo, and th
r aftent
>£2smardin£ against
nucli a ! n f
rs at'tf
My Dear Son : I received, a few days
ago, your last letter, and was glad to
learn that your health had impioved, and
that your constitution had been invigorat
ed, since you went into the army ; appre
hensive, as I was, that you would not be
able to endure the hardships and priva
tions of a soldier’s life. Many, who cn-
tered«tbc army about the time you did,
have perished by disease, or on the battle
field. How long you may be spared,
neither you or I know. In the very next
battle, you may fall, or-disease may seize
upon you and carry you off, as it lias doue
thousands of others. This letter may be
read by you, with that solemn interest,
with which it is written by me. Feeling,
as I have ever done, the liveliest interest
as to your qualities as a soldier, 1 have
made anxious inquiries of those with
whom you have been associated, and who
have had the best opportunities of know
ing you well, in regard to your conduct in
camp, and your behavior on the battle
field. AH, that 1 have heard, has been
exceedingly gratifying to me as a father
and lias often sent a thrill of joy to my
heart. I was rejoiced to learn, that amid
the dangers and difficulties, trials aud
hardships, of a soldier’s life, you had al
ways been contented aud cheerful, obedi
ent to your superior officers, and kind to
the men with whom you associated.—
These facts I regarded as highly compli
mentary to you. A cheerful and content
ed disposition, a spirit of obedience to
those in authority over you, coolness and
the necessity
foimation of liabW^W vice aryl intern per?
ance. 1 have, thus far, heard a g^^&c-
count of you, in Reference to these
but I know the liability of youth, to be
led astray by temptation, and evil asso
ciations. 1 our associations, so far as I
am iutormed, are as n^xce^ionabljp as
any in tlie army, but t^gR clk-
wliere, some who 2lre settingTiad exam
ples. Do not, my dear child, be led astray
by them. Have the courage,
courage, to resi^ their
evil and ft* “ 1 oe as valuable to you,
as tliat courage oil the battle-field, so much
prized by old soldiers. The prayer
y our mother, (oh ! is there in
word !) that mothcr3^fc>, when you
brought from Coriuth/Jind lay, for weeks,
on a bed of sicknessTiwatched over you
with such anxious care, ascend daily to
Heaven, for your preservation from the
dangers of the battle-field, and from the
temptations of vice. Her heart is fixed
on you ; all her thoughts, feelings and af
fections, are wrapped up iu her ‘‘soldier
boy.” Remember her parting words, re
member lier tearful eyes, and if, in the
providence of God, you should never be
permitted to see her any more in this
world, write all her words of advice upon
your youthful heart.
Do you desire models of purity and ex
cellence, in our own Confederacy and in
your owu profession 1 They are not
wanting. Our President and several of
our Generals, furnish illustrious exam-
Sir, the habeas corpus is the life'of liber
ty. It is of ancient origin. It was born
amid the opening struggles of our remote
ancestors in behalf of popular freedom. It
was recognized at once by a race unwilling
to accept the doom of slaves to be a law of
necessity. It sprang from no statute. It
depends for its existence on no enactment.
It is one of those high, unrepealed laws
which liberty writes on tlie hearts of all her
worshippers, and which, without the aid of
legislation, became a part of the common
law of England, simply because that rule
of God’s providence which prescribes an
eternal fitness of things. It is, perhaps, ol
der than Magna Chart a itself. Hallam,
History of the Middle Ages, referring
eriod when the great charter was
,says:
etLer courts of justice framed the
writ of. habeas corpus iu conformity to the
spirit of this clause, or found it already in
IheiT register, it became from that era the
rfjghtof every Subject to demand it.”
And again, this great author says :
“ From the earliest records of the Eng
lish law no freeman could be detained in
prison except upon a criminal charge or
conviction, or for a civil debt. In the
former case it was always in his power to
demaud of the Court of King’s Bench a
writ of^abe0fco>pus adfulyancndum, direc
ted to tlrfi person detaining him in custody,
by which he was enjoined to l- : - o -i J 1 ®
.•j p., • with the warrant of
body of th®/-- A . j
_„«rtnumcnt, that tne court might judge
•of its sufficiency, and remand the party,
admit him to bail, or discharge him accor
ding to the nature of the charge.”
‘his law, thus described,, the American
ouies inherited and possessed from the
liest period of their settlement. It took
no legislation to bestow on them its bles
sing, tor, as an eminent law wiiterobserves :
“ Audit must now be taken as a settled
axiom of American law, that the territory
of the colonies was claimed by right of oc
cupancy or by finding it ‘ deserted and un
cultivatedand that the common law of
England-first obtained in that part of the
empire as a law personal to the English
born colonists.”
And,in the formation of our Constitution,
our fathers assumed that it already existed
iu all its ancient force and benevolent mis
sion, and simply made the following provis
ion against its suspension :
“ That the privilege of the writ of luikcas
corpus shall not he suspended, unless when,
in case of rebellion or invasion, the public
safety may require it.”
pies. But, my dear boy, look not alone
to men. Read and study that Bible, which
your mother gave you, and draw from its
sacred pages, lessons of wisdom and vir
tue. Fear not man but God, aud pray
that "He may ever make you mindful of
the time, when you shall lie down in the
dust, and grant you grace always to live
in such a state, that you may never be
afraid to die.” If, in the events of this
painful struggle, we should never meet
again in this life, may God, in His infinite
mercy, grant that we may meet in that
A'house, not made with hands, eternal in
the Heavens.”
Lalrr from tlac North and West.
Enemy Repulsed on the Goldwatci.— Ty-
ranical Orders.— The Monitor Fleet to
be sent to the Mississippi.—Arrest of
Wilkes Ordered.—Aid and Comfort from
Gov. Curtin.
• &c., &.,• &c.
Jackson, April 20.
Gen. Chalmers lias gallantly repulsed
four thousand Yankees, comprising caval
ry, artillery and infantry, upon the Cold-
water. 'The enemy retreated in great
haste and confusion, Chalmers pursuing
energetically. The roads were very
ance with all the rules of the camp, are one killed and six wounded
among your first duties. True, you will j A special dispa ch to the Appeal, states
be exposed to severe weather; you will, on-authontyof the Chicago limes of the
often have to sleep on the cold ground, 14th, that there will be no immediate
with nothing but your- blanket around rcsumptionofhostiht.es against Charles-
you; you will, sometimes, have but little ton. .... . , ,. ,
Ld that of a coa.se kind. Those are !
among the trials that you have already i the effect that allI.persons within the Fed
endured, and will, in all probability, have
again.to endure. But, let me entreat you,
my dear child, let no spirit of discontent
come over you. Others liave suffered
more than you, • in the same glorious
cause.
Although yon are not very familiar
with the political causes, which have pro
duced this great revolution iu which you
are now an actor, yet, you know that your
country is invaded by an armed and per
fidious foe, who is endeavoring to deprive
us of all that makes life valuable. Many
of our bravest and best have already
fallen in this nob'le struggle. Some. of
your own schoolmates have stained, with
their blood, the battle-fields of N irginia,
and have left their homes as houses of
Plantation for Sale.
OFFER for sale a well improved Plantation
within three miles of Milledgeville, contain
ing fourteen hundred acre* of lan
WILLIAM A. JARRATT.
F«U. 4, 18M. *» “»**
Spool Colton
9 A DOZ. Coat* Spool Cotton for Sale by
L\J *WRIGHT * BWOW1L
Feb. H, IMS, W «C
der the stern rule of old \\ inter,
her mild influence Nature has dressed her
self in her bolliday attire, and one would
not think, while looking on her blooming
and beautiful form, that misery, wan and
war had an existence in this fair land.
While we sit beneath a fragrant jesamino
bower, which overarches a pebbly stream
and listen to the music of th f e ^"^51
water and the happy songs of the little
birds as they sport among the flowers,
we are lulled^nto forgetfulness ofjast dis
appointments and present sorrows
B FP UI Y l T“r ~~~^ros and business be-
e very body leave cares anu
Let
be-
ds - ft
day in tlie w0 ° .
We recommend it
hind and spend a
will do them good. - - think it
especially to the Extortioner w m
will soften his heart, and ne -L . .
come down in his prices, or possibly gave
something away.
mourning.
Your , to whom you were so-
mucli attached and who went with yon to
Kenfucky, so full of health and hope and
vigor, died at his post, amid the shock of
battle, on th&bloody field of Perry ville.—
Those things you do remember and the
remembrance of them will, 1 doubt not,
cause you to do your duty, your whole
duty, to our country, under any and all
circumstances.
In life’s early spring, you are becoming
familiar with scenes of carnage, Disease
and death are being presented to you, in
all their varied forms. Such things, will
not, I hope, have a tendency to harden
your feelings or blunt your sensibilities.
The bravest men, that have ever lived,
have been the tenderest and greatest, and
if your life should be spared, until the
close of tbis war, remember that,
“In peace, there'* nothing so becomes a man, as
modest stillness and humility.”
There is nothing more complained of
among soldiers, and with less reason, than
| eral lines who shall be found benefiting the.
Confederates, shall suffer death. Car
rington, at Indianapolis, lies issued the
! same order.
The Chicago Times says that the entire
i Monitor fleet is to be sent ■ to the Missis
sippi river.
It is reported at
Wilkes has been arrested, and after
wards paroled, for firing into a Spanish
steamer.
Admiral Milne, of the British West
India Squadron, lias ordered the arrest
of Wilkes and those of the Vander
bilt's crew engaged in the Peterhoff
affair.
Gov. Curtin, of Pennsylvania, offers
twenty th'ousaud militia to protect Wash
ington.
Four thousand Yankees are near Her
nando.
The enemy are believed to be advanc
ing upon Holly Springs from Corinth.
And now, Mr. Speaker, in view of the
historical grandeur of this writ; in view of
the duties which belong to its nature to
perform; in view of the evils which it alone
can restrain, in view of the causes which
produced it, and in view of the abuses
against which it is leveled, I am filled with
wonder and amazement that any healthy
intellect has ever been found to entertain
the opinion that it was in the power of the
Executive department of any government
to suspend its privileges and deny to the
people its protection. It came into exis
tence to compel English kings to obey the
principles of Magna Charta, and it is the
only means, this si Je of the sword,by which
an American President can be made to
obey the Constitution; aud yet the air is
filled with a clamorous cry that these kings
and this President can escape this obedi
ence by nullifying, with a single word, the
only peaceful means which the people pos
sess to enforce it. It is the only legal
means by which the American citizen can
resist and antagonize the most infamous
outrages against personal rights; and yet
the doctrine is daily proclaimed here and
elsewhere that it is wholly left to the Ex
ecutive to determine whether lie will be re
sisted at all, or whether he will enjoy the
spectacle of a people devoted to liberty im
ploring, not the law, but liis clemency,
through the iron grates of prisons, with
less legal redress for their wrongs than tho*
dusky slaves of the Carolinas. The writ of
habeas corpus was originated for the sole
purpose of controlling one man aud his sub
ordinates ; and yet it is claimed, in this en
lightened age, that that very man can con
trol it. It has 4 been the master of every
Executive since it was known among men ;
but in these modern days the majority of
the American Congress assert that the
President of the United States has become
its master. You might as well lock the
convict iu his cell and give him tb.e key,
and expect to find him there when you rc-
GEORGIA. Baldwin County.
W HEREAS, James C. Shea, administrator de
bonis nan on the estate of Henry W. S.
Tracy, deceased, has tiled his final account, and
petilions for letters of dismissiffn from said trust.
These are therefore to cite all persons adverse
ly concerned to file their objections on or before
the first Monday in November next.
Given under my official signature tbis 14th
April, 1863. 47 6m JOHN HAMMOND, Ord’y.
turn, as to expect the Executive ruler of a
. J nation to abide within the limits of consti-
Havana that Admiral r t u ti 0 nal restraint, when the people have
surrendered to him the only engine of pow
er which they hold over the question. You
might as well expect an enemy who had liberty,
laid siege to a city to refrain from entrance
when the gates were thrown open and the
sword delivered up, as to expect official sta
tion to respect at all times popular rights
wlieu all their safeguards are abandoned to
tbeir ancient enemy. Sir, the very pur
pose, the single object for which the writ of |
habeas corpus has survived the lapse of j er my brethren of the law have forgotten
centuries and rocked the world with revo- j the examples of the past; whether the ex-
1 ut ion s would be utterly defeated if the alted chivalry of the profession is dead ?
President of tlie United States can suspend Do you stand by power with its robes of
its operations and paralyze it by r its touch, i purple, or do you stand by the oppressed
It might as well never have adorned the pa- i in destitution ? Is your motto the. scepter
ges of jurisprudence, it becomes a useless, , of exaggerated and bloated authority, or is
an idle thing by such a construction. It is j it the farmer at his plow-handle, in grand
only needed wheifthe Executive attempts though humble demand for his rights as a
to deprive the citizen of his liberty contra- free .man under the Constitution ? I he
ry to law j ;uh1 according to tbc construe* 1 mission of the law f as the chosen apostle of
assembled in vain. John Hampden, on
the plains of Chalgrave, will have died in
vain. Our own martyred host, robed in
glwy, who fell for freedom on the battle
fields of the Revolution, will have tasted
the bitterness of death in vain. The lights
which have been hung up over our heads
by the wisdom and the sufferings of the
past will all bo stricken down. Magna
Charta will fall from its exalted sphere like
a falling star, and our own Constitution,
like tlie eagle towering in his pride of pla
ces will be by a mousing owl hawked at
and killed. The gloom of absolutism will
once more fill the sky, and it will only be
left to American citizens to creep around
in its shadows as secret and stealthy mourn
ers at the tomb of liberty. One man’s su
premacy, the everlasting foe to free insti
tutions, will be complete In the place of
written constitutions and laws we will en
joy the government of one mind and one
will, embittered and swayed by the passions
and prejudices which make their home in
every frail mortal breast. No, sir ; this
dailing writ of the people, which has caus
ed the venerable statesman to abound iu
warm and swelling periods of culogium,
and the cool lips of the judge to indulge in
unwonted judicial eloquence ; this guardian
of every home,this saint in every freeman’s
calendar, this friend of every fireside ; this
key to every dungeon ; this Messiah of law,
which comes to redeem the lost and to vis
it those that are sick and in prison, was not
born to be suspended and crucified at the
command of some ruling Cresar. The
people who made it, and who own it by the
title of a hundred battles fought for its prin
ciples, can alone, through tbeir represen
tatives, say when they are willing to waive
for a season its protection and enact its
temporary suspension. Not only is this
the law, as decided by every court in the
history of English and American
dence, but it is also th® «■ decided by
everv »®-—— ot reason, by every principle
ot political philosophy.
If I err, Mr. Speaker, in asserting that
the Parliament alone in England, and the
Congress alone in the United States, can
judge of the necessity and exercise the
power of suspending the writ of habeas cor
pus, I err in most noble company. I am
but following at an humble distance in the
footsteps of those whose illustrious names
have long since become proverb.s of wisdom
and justice. If I am lost and going astray
in the doctrines I have enunciated to-day,
I am consoled with the reflection that 1
am wandering with Blackstone, with Hale,
with Mansfield, with Coke; that I share
my delusion with Kent, with Story, and
with John Marshall. If I am insensible at
this time to the claims of modern political
lawyers, it is because my mind is absorbed
in tbc contemplation of the teachings of
those whose names are of the immortal few
not born to die. If I turn a deaf ear on
this occasion to the arrogant pretensions of
provost marshals and police officials, the
representative or executive usurpations, it
is because I prefer to fix my attention up
on a lofty and virtuous class, the latchets
of whose shoes they are not worthy to un
loose. If I am to be denounced for my ut
terances here in behalf of liberty and jus
tice by the eager servility of the hour, the
storm will spend its furv in vain on my
head, sustained and protected as I am by
the unanimous voice of those whom man
kind has been taught to revere as benefac
tors of the human race. My eye shall not
be withdrawn from the Constitution as the
guardian of liberty. I will not turn away
from the written law, judicially expound
ed, for any consideration of earthly impor
tance. It ia to me the star that hovered
over the cradle of liberty in its infancy,the
spirit which upheld and strengthened it
when tempted in the wilderness, and the
power which will roll away the stone from
its tomb if it should ever again be betray
ed aud put to death.
I belong, sir, to a profession which is
glorious iu history. I rejoice that I have
spent some of the days of my manhood in
the study of a science in the adornment of
which Erskine and Curran, Webster and
Grimke 6pent their lives. The legal pro
fession has had much to bear in the hostile
criticism provoked by an unworthy class
who inhabit the vestibule of her temple,
and allure to their meshes the unwary pil
grims who seek her shrine for substantial
relief. The artful trickery of ignoble
minds lias been assigned as an attribute of
the profession of the law, and its lower
walks; that pestilential brood which swarms
around the base of the pedestal of honora
ble fame, has, to tbe casual observer, sanc
tioned such a view. But this is all unjust.
There is an atmosphere near the sun in
which the great jurists of twenty genera
tions dwell, They have been the forerun
ners of legal liberty. They have never
hung upon the skirts of governmental pro
gress. Other professions have formed tech-
®ical'barricades against the advance ofpop-
ular freedom, and questioned the divinity
of the people ; but those who have drunk
deep from the fountains of that “ perfection
of reason,” Euglish and American law, re
cognize tlie voice of the people as the voice
of God*. It is a matter ot record that the
legal profession has been the patient, the
toiling, and the inspired handmaiden of
I might dwell upon its services,
and recall the circumstances, in historical
order, which will forever commend its fame
to the lovers of free institutions, if the fleet
ing hour assigned to me would dllow. But
these things will all suggest themselves to
the student of the law and the student of
history. I pause, however,to inquire whctli*
tion of the supporters of this Admiuistra* j freedom, has always been to succor the op-
rr , o *i I ...IT ! J al
GEORGIA, Twiggs county.
W HEREAS, Dr. Thomas Gibson liss made ap
plication to mein due form of law, for letters
of administration upon the estate of Calvin J."
Mixon, late of said county, deceased.
These are therefore to cite and admonish all
and singular the kiu ired and creditors of said de
ceased. to be and appear at ray office on or by the
first Monday in June next, then and thereto
show cause, if any, why said letters may not be
granted.
Given under my hand officially at Marion,
April 9,1863.
47 5t. LEWIS SOLOMON, Ord’y.
tion, that attempt need never fail, for it is ! pressed, the feeble, the suffering, and the
within the power of the President to remove I poor, and to minister, in the spirit of the
every obstacle which stands in his way by ! great Master, to those whom Christ blessed
the suspension of this writ. ' . j upon the mountains of Olives. Sir, for me,
Let this construction be maintained, and j m y ”*7™ cbosen. I shall turn my back
tbe cause of liberty recedes back into tbe j on the blandishments of executtve power,
twilight dawn from, which it emerged near- aRd > t R °ugh pnson, though death assail me
ly a thousand years ago. Then there was m the pathway of duty, I shall fallow the
no law for the king except his arbitrary examples and the precepts of old, and vin-
will; and there will be no other law here d , lca , te alike the dignity of my birth and
now for the President. Every effort made tRe ho . n °F of my _ profession by defending
in behalf of free governments will have
been made in vain, Tbe Barons will have
the privileges of the people. To me tbis
is a labor of love. My whole natnre re
sponds to its burning appeal. Wherevct
the spirit of unlawful aggression.has been
repelled ; wherever tyranny has been de
fied and resisted ; wherever honest upright
manhood, in whatcveriaosYiilion found, has
asserted its rights to agloxious sovereign
equality, there my heart has paid a devout
pilgrimage, and prayed for the success of
every effort which tends to enlarge the lib
erty of the citizen.
But. sir, the blow has fallen, and I turn
to survey for a few moments its ghastly • m-
sequeuces. In defiance of law, in con
tempt of the judiciary, in derision of the
teachings of history, and in scorn and
mockery of the holy principles of person
al liberty, the writ of habeas corpus stands
suspended. The will of the Executive
has for more than a year been the sole law
of the land to which the outraged citizen
has been permitted to appeal. The Con
stitution with its harmonious machinery of
justice has been set aside, and the exact
principle of a supreme and irresponsible
despotism lias reigned in its stead. Nor
has this been the mere uaked assertion of
an Unwarranted and dangerous power on
the part of the Executive, unaccompanied
by those revolting scenes which always dis
tinguish an arbitrary from a free Govern
ment. It has borne to the lips of the Amer- '
ican people a fruit, in horrible abundance,
more biiter and deadly than the Dead Sea
apples of Sodom and Gomorrah. Sir, how
shall I dwell upon the deep humiliation,
the open shame which this Republic haa
suffered in the imprisonment cf its loyal
and faithful citizens ? . How shall 1 fash
ion my tongue to speak in the hearing of a
free people, in the presence of their Repre
sentatives, surrounded on all hands in this
Hall by the symbols of liberty, and look
ing on the benignant face of the Father of
his Country, of deeds enacted in our midst
which recall (otlio mind in all their fright
ful detail the mournful stories of the dun
geon which have been wafted to us across
the oceau, and which come dow’n to us from
ages of chaos, night, and cruelty ? Shall
I stop to count over in a melancholy array
the names of those who, without crime,
criminal charge, with no law but hideous
violence, have been seized by tbe rapaci
ty, the felonious rapacity of this Adminis
tration. and buried out of sight of home,
friends and justice ? The list would be a
long one. «nd would' start tears afresh
...mind a thousand firesides. This task,
however, must be assigned to tbe impartial
pen of history. A book will some day
take its place upon the shelves of our li
braries commemorating the wounds which
liberty has received in this enligbteumA age,
in the wrongs and outrages inflicted on
American citizens. I am to-day dealing
with the principle which is involved, and
a few instances of tbe licentious abuse of
power will illustrate the bold attempt which
has been made to subvert the liberties of
this Government.
No age, no sex, r.o condition in life has
been exempt from invasion, unlawful ar
rest, and imprisonment. I speak simply
what every man in the hearing of my voice
knows to be true. I have .seen the minis
ters of the gospel of a peaceful Savior on
their way to prison, leaving wife, children
and congregation a thousand miles behind,
for preaching peace on earth and good will
towards men. One, the Rev. Mr. .Rundy,
as I am informed by my friend from Illi
nois, (Mr. Allen,) living in his district,was
dragged away from the open grave of his
child, over .whose remains the burial ser
vices had not yet been closed; denied the
privilege of returning to his house to take
a final leave of his family then dying, and
hurried like an atrocious and dangerous
criminal to the safe keeping of a cell. I
have seen the upright and conscientious
lawyer seized by the loathsome instru
ments of oppression, forbidden to console
a sick wife, the mother of his children,with
a single word at parting, and convey ed by
furtive and rapid movements to a distant
and arbitrary military tribunal, because he
had dared, as became a freeman, to declare
what he conceived the law to be. I have
seen men who had been trusted and honor
ed iu public life by those who had known
them most intimately in every relation, ar
rested in my own State for no offenses
known to any law, and without warrant,
without commitment, made to “ eat the
bread which captives’ tears have watered”
in every age of despotism. In the month
of October last 1 met three friends, distin
guished citizens of Indiana, who, six years
ago, served, as Senators together in her
Legislature. I met them, sir, serving to
gether in the same prison a term of impris
onment which had no ether duration or
limit, no beginning or end, no other cause or
conclusion, no other condition or circum
stance to support it than the mere arbitra
ry, unlawful, unenlightened, will of the
man here in Washington city. Sir, as I
heard of their wrongs, andMooked out upon
the sunshine and the air—hnd the flag of
the white man’s freedom floating in the dis
tance—strange thoughts possessed my
mind, and strange visions arose before me.
A new sensation penetrated my heart. I
seemed to dwell for awhile beneath the
shadows of the Bastilc, and hear the cries
and groans which finally rent its walls.
The dungeons of Austria opened ftrouud
me, and the prayers of their victims for lib
erty seemed to fiil all space and all time,
The damp vaults of Venice and the fearful
caverns of the Spanish Inquisition yielded
up their horrible secrets. The Tower of
London, that melancholy tomb of genius
and of beauty, the imperious form of Hen
ry VIII, the headsman’s ax, the reeking
block, all became distinct to my view; and
I looked, as it were face to face into the
frightful, appalling countenance of tyran
ny. I studied its ferocious and revolting
features in the light oi historical associa
tions. But when I came to reflect on all
this, and reason from cause to effect, I
found that precisely the same terrible prin
ciple of oppression which has disgraced the
past, and filled other countries with tears
and blood, was triumphing in my very
presence. I turned away, and took my
“ appeal from tyranny to God.”
But, sir, the people of this whole country
and of the civi ized world have beheld
worse scenes than even all these enacted
in our midst. This house has been inva
ded. l he principle of popular representa
tion, on which the theory of this govern
ment is based, has been assailed in the ille
gal and brutal arrest of two members ot the
American Congress. The honorable gen
tleman from Maryland (Mr. May) early fell
a victim to the spirit of executive usurpa
tion, which has since spread like an evil
shadow over the entire land. He had dar
ed, in an hour of envemoned popular freA-
zy, to raise his voice in this hall and assert,
in no suppliant tones, his right as a repre
sentative. He had dared to assert that
the constitution of the country was binding
iu all its provisions, in time of peace as well
as in time ot war. and that his allegiance
was due to it and not to the party which
has attended into power by trampling it
under their feet. In the exercise ot his un
doubted prerogative as a legislator, and in
accordance with his sense of duty a3 a cit
izen, he had brought forward measur*#
