The Newnan herald. (Newnan, Ga.) 1865-1887, May 05, 1866, Image 1

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PUBLISHED WllEK.LT EVKBT SATrBDiY B* j A. WELCH. j C. WOOTTES, WOOTTEN k WELCH, Pr opr ietors- J. C, WOOTTEN Editor. TEK v- or SBBsemirnos: or navable in advance, $2.00 One copy one year, payaoie ^ j 50 One copy si* months.... ^ One copy three months ,;L numbers complete the \olume.) THE NEWNAN HI l. * gi HfwMg Journalin Mitks, |to, %%xu ultmt, Cmmncwi j (of % ins me — --^f—i (Fifty the test oath. VOL. I.] NEWNA1V, GEORGIA, SATURDAY, MA.Y 5, 1866. [NO. 35 ment shall tend to harden and intensify provides, in article six, that executive pardoned, the repeal or modification of ; Stonewall Jackson- __ . _ . . i a sectionalism between the Northern and find judicial officers of the United States the oath to them would not make it diffi- [The merntry of Stonewall Jackscn has re- Minority and Jfajomy Heports o^ (Southern States. It is difficult to Con- shall be bound by oath to support it.— cult to procure suitable persons in the j cei-ed few tributes more touching in its sim- ‘ the business of the • pUcitv and pathos than the following beautiful J. C. THOMPSON. Y. H. THOKPSOS judiciary Committee upon the Pro position to Modify the Oath. Able and Convincing Argument by Mr Rogers against the Perpetua tion of the Oath. A NECESSITY FOR A REPEAL. Justice, Morality and Laic against the Oath. pursue, than to make tax-gatherers at,the , South of men who are strangers to the I people. It needs no reference to history j (although it is full of lessons upon this Departments ; for they arc clearly execu tive officers of the United States within the meaning of the Constitution. Justice [Special dispatch to the New York World] Washington, April 23. The House Judiciary Committee, hav ing instructed their chairman, Mr. Wil son, of Iowa, to report against the propo sition submitted to them of modifying the test oath in accordance to the recom mendations of the Secretary of the Treas ury and the Postmaster-General; Mr. J. C. THOMPSON & BRO. ceive of a more unfortunate course for That is the only oath that can be legally South to execute the business of the . plicity and pathos than the following beautiful ’ \V ^d^he^bVic'generaU™ thLTthey^an the government of the United States to required oi the persons who are to execute Treasury and Postoffice Departments to poem published in the New York Citizen, of be f on nd the offices of the Treasury and Postoffices be executed there. , whi.h Charles G. Halpine is the editor. The i jj p sta i rSf over the Store-Room of Rodwiner Chief Justice Marshall, in the case ofipoem in question, he say#, was written by an the United States vs. \\ ilson, i Peters, j officer of the United States Navy.] 162. speaking on this subject of pardons in England, said : As the power has been exercised from This is the language of a faithful, true, j resentatives, section 624, saysi , time immemorial Ly the executive of that and devoted patriot, and who is not under ■ It would seem but fair reasoning upon nation whose language is our language, the influence of party passion, Radicalism,. the plainest principles of interpretation, and to whose juuicial institutions ours or fanaticism, and whose love of his j that when the Constitution established bear a close resembleuce, we adopt their — principles respecting the operation and effect of a pardon, and look into their books for the rules prescribing the manner 'subject) to illustrate the fatal consequen-, Story, in his Commentaries on the Con- ces of such a policy.” ! stitution, speaking of the House of Rep-; country has been fully tested, and never 1 certain qualifications as necessary to office, found wanting; one who has been the ; it meant to exclude all others. I romthe guardian of our finances, and acquired a i very nature of such a provision the affir- _ reputation for honor, purity and states- xnation of these qualifications would seem in which it is to be used by the person manship unequalled by any of the age in , to imply a negative of all others. would avail themselves of it. which we live. Let us bury passion, j Mr. Madison, in the Federalist, com- hate and revenge in the deep ocean of men ting on the same subject, says: oblivion, and rise to the true standard of j The qualifications of the elected being our country, forgiving our Southern j less carefully and properly defined by the Rogers of New Jersey, from the same brethren their past offenses, as we tfould | Plate Constitutions, and being at the same j clears the party from the infamy, and all committee dissenting from the views of that they, under like circumstances,should j time more susceptible of uniformity, have • all other consequences thereof, that he ’ ° forgive us. The Secretary of the Treas- been very properly considered and regu- j may have an action against any who shall A Represeuta- ! afterward call him a traitor or felon, for nust be of the the pardon makes him as it were a new The doctrine is thus stated in 5 Bacon’s Abridgment: It seems agreed that a pardon of treason or felony, even after an attainder, so far the Majority, submitted the following minority report. The majority report was also submitted to the House to-day. It is very elaborate, and full of special pleading, and is unbecoming gentlemen who profess to be lawyers of some stand ing. The following minority report speaks for itself: Andrew J. Rogers, from the Committee on the Judiciary, to which was referred, by direction of the House, the message from his Excellency the President of the Uuited States, transmitting communica tions from the Honorable Secretary of the Treasury and the Honorable Postmaster- General, recommending a modification of the test oath prescribed by act of Con gress oi July 2, 1862, presents to the House a minority report in favor of a modification of said oath, as recommended by the President and said Secretaries, aod submits the following reasons : The Honorable Secretaries and the President are in a situation to know bet ter the necessities for a modification of such oath than any other persons. Their honesty, loyalty, and love of country cannot be justly questioned, and where such high authority recommends the pas sage or modification of a law. it should have great weight, and furnishes to the House good evidence that the oath should be modified. It is but a small asking, simply to urge the modification of an oath unknown to the Constitution, and established in time of war, for the pur poses of war, and I am a little surprised that they did not recommend its entire repeal. The war is ended, and peace has been proclaimed. The only question that ought to be raised is, are they loyal men, and if they can take an oath to support the Constitution. That is all that ought or really can be required ot them. The most of the people of the South cast tf.heir fortunes with the rebellion, upon an honest conviction that their allegiance to State sovereignty was superior to their allegiance to federal authority. Some held offices under the rebel government as the only measure they had for support. Some aided the rebellion to avoid con scription. Some were compelled by con scription to take up arms in defence of the so-called confederate States. A et the 'pTeseut oath prevents every one of them f rom holding any office under the federal government. Ih fact, nearly one-half the people were compelled, by the force ■of a. despotism, to sustain the confederate cause, and as the federal government could not protect them, it has no right to ■complain of persons who were forced to give allegiance to the only organization that could give them protection. The Honorable Secretary of the Treasury says that not one of those who now hold office in the South were movers in disuuion or unfriendly to the government at the com- ■mencement of the war. He says that a very slight change in the oath, a change that would not cover a particle of present disloyaltv, would enable them to hold the offices they are now so acceptably fil ling. He also says: “For these offices, that must soon be come vacant if Congress should not deem it safe or proper to modify the oath, I am at a loss to know where the right men are to be obtained, or how the revenue in many of the Southern districts are to be collectld. I deem it my duty further to remark, that I do not consider it advisa ble for the government to attempt to col lect taxes in the Southern States by the hands of strangers. After having given ■the subject careful consideration, anxious as I am to increase the revenue and to lighten by distributing and equalizing the burdens of the people, with no party interests to promote, and with nothing [but the good of the government at heart, J have come to the deliberate conclusion fthat it would be better for the country, ipolixically and financially, to suspend the collection of the internal revenue taxes an the Southern States, except in oom- .mercial cities, for months, if" not for years to come, rather than to undertake to col lect them by men not identified with the tax-payers in sympathy or in interest. “ The rebellion grew out of an antago nism of opinion between the people of the free and slave States, the legitimate results of a difference of institutions.— W ith the abolition of slavery, all real differences of opinion, and all serious causes of estrangement, ought rapidly to disappear. It will be a calamity, the ex tent of which cannot now be estimated, both to this nation and to the cause of civil liberty throughout the world, if, instead of looking toward reconciliation harmony, the action of the gorern- oecretary ury says : “It is true there are still some appli cants for office in the Southern States, who present what they call “ a clean re cord for loyalty,” but, with rare excep tions, they are persons who would have ; lilted by the convention. tive of the United States must age of twenty-five years ; must have been seven years a citizen of the United States ; must, at the time of his election, be an inhabitant of the State he is to represent, been able to present an equally fair re- and during the time of his service must cord for place under the confederate gov- be in no office under the United States. ernmint if the rebellion had been a success, or persons lacking the qualifica tions which are needed in revenue po sitions. ‘•In regard to the matter of compensa tion, I have only to remark that the law fixes definitely the salaries and commis sions of most officers, and that the pay of subordinate officers is altogether inad equate to tempt Northern men to assume the risk and incur the odium of collecting taxes in the Southern States, except, per haps, in the commercial cities of the seaboard.” In speaking of a clean record for loy alty, the Honorable Secretary does not mean to speak sneeringly of those who have really a clean record, as the major ity report would seem to imply, but he has reference to those who were not liable to draft, and who were never placed in a situation to test their loyalty to the I ni- ted States or so-called confederate gov ernment. The Honorable Postmaster General, says: As a remedy for the future I will ven ture to suggest a modification of the oath by inserting the word “ voluntarily ” im mediately proceeding the word “ sought,” so that the clause would read, “ That I have neither voluntarily sought, nor ac cepted, nor attempted to exercise the fuctions of any office whatever, under any authority, or pretended authority, in hos tility to the United States.” This would enlarge the class of persons who could qhalify as postmasters and mail contrac tors, and be in harmony, as it seems to me, with the general provisions and pur poses of the oath, and thus facilitate the Under these reasonable limitations the door of this part of the Federal gov ernment is open to merit of every de scription, whether native or adoptive, whether young or old, and without regard to poverty or wealth or to any other particular profession or religious faith — [Federalist No. 52. The first act of the First Congress was to prescribe the oath of office, and which was as follows: The oath or affirmation required by the sixth article of the Constitution of the Uuited States shall be administered in the following form, to wit: I, A B, do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States. If Congress has power to add to the oath in the Constitution, it has power to diminish it and set it aside. If it can add any number more. The constitution* al oath to be administered has relation to the future only, and not to the past, and if tho officer would swear to support the Constitution that was all that could be required of him. Our Constitution was made soon after the close of the war, and our fathers did not deem it wise to provide test^oaths, in order to prohibit those who gave aid and comfort to Great Britain from holding office under the federal government. At the time of the formation of the Consti tution many of the followers of King George resided here, and continued here until their deaths, any of whom could have held any office in the gift of the people, even that of President, by simply taking the oath provided for in the Con stitution. Ought we not to be as chara- He sleeps all quietly and cold Beneath the soil that gave him birth ; Then break his battle-brand in twain, And lay it with him in the earth! No more at midnight shall he Urge His toilsome march among the pines; Nor bear upon the morning air The war-shout of his charging lines. speedy re-cstablishment of the postal ser vice to the common benefit of all sections of the country ; for it must be borne in mind that while the people of the South ern States are more directly interested in the restoration of this service, the citizens of all the other States are also largely in terested. It may not be uniuteresting to you to know that of the 2.258 mail routes in op eration in the disloyal States at the break ing out of the rebellion, the service of 757 only has been restored; and that ot 8,902 postoffices in those States, only 2,042 appointments of postmasters have been made, of whom 1,177 only have been qualified for office, 757 of them be ing males, and 420 females. Of the 365 who have not qualified it is believed that quite all of them have not done so because of the oath. I called upon the lion. Secretary of the Treasury to be informed by him what modification of the test oath would be sat table to our Southern brethren as were our fathers to those in this country who adhered to the government of Great Britain all through the revolutionary war ? ‘ Every just consideration demands that we so shape our legislation as to restore kindly and friendly relations between the two sections of country. The masses of the people in the South had no hand in originating the rebellion, and it was sim ply the result of the action of certain lead ing secessionists of the South and cer tain radicals and fanatics in the North. It is therefore uncharitable, anti-christian, and unfair to visit punishment upon whole people, because ot the sins of a few. Leading men and leading journals of the Radical school in the North invited the South to secede. I will only quote from one leading journal of the North. The New York Tribune, of Feb. 22, 1861, says Whenever it, shall be clear that the isfactory to him, and was informed by great body of the Southern people have him that the amending of the third clause become conclusively alienated from the in the oath, by striking out the words “ neither sought nor accepted, nor attempt ed to exercise the functions of,” and in serting the words “not voluntarily sought,” so that it would read, “ that I have not Yoluntarilv sought any office whatever under any authority or pretended authori- in hostility to the United States,” would answer the purpose for which the modifi cation was recommended. I do not deem it material that all the doings of the President in time of war should be vindi cated, in order to sustain his views in time of peace. We mast deal with things as they now are, and not pursue the same course to fallen foes that we would pursue toward them were they in arms against the government. This test oath must at some time, and lhat is not far distant, be repealed. It cannot remain always, un less it is the determination of the people to deprive the present generation in the South from a Toice in the affairs of the nation. That cannot be and this country remain a republic. The people of the South are ready and anxious to partici pate in the affairs of the government, and defend and support the Constitution of their country. The woret despotisms of the Old World have been established through the form of the test oaths;. and to exclude seven millions ot people from participating in federal affairs, by making the taking of an oath unknown to the Constitution a condition precedent, and one which they cannot take without false swearing, is despotism, pure and simple. The Constitution of the United States Union, and anxious to escape it, we will do our best to forward their views. Again, the same paper, of date March 2, 1861, we have this clear statement on the same point: We have repeatly said, and we once more insist, that the great principle em bodied by Jefferson in the Declaration of Independence, that governments derive their just powers from the consent of the governed, is sound and just; and that if the slave States, the cotton States, or the Gulf States only, choose to form an in dependent nation, they have a moral right to do so. But while we were in the midst of the war, 31 r. Greeley, in the New York Tribune, on the *21st February, 1863, said: . A I was willing, in the winter of 15bU- 61, to let the cotton States go if they really desired it. I was not only then willing that the Union should in good faith make them the offer, but I now deeplt regret that it was not made and aeted on. , . , . , The people of the South had at least encouragement from the North to secede, and had a right to believe that the prin cipal papers'* of the Republican party enunciated its sentiments. The test oath ought to be repealed, at least as to all who hare received pardon, for the legal effect of a pardon is to re store them to all the rights they enjoyed before the eon: mission of the offense, the same as if no offense had ever been .com mitted ; and as most ol them have been pardon MAN. Blackstonc says: A pardon may be pleaded in bar as at once destroying the end and purpose of the indictment, by remitting the punish ment which the prosecution is calculated to inflict. Also: Tho effect of such a pardon by the king is to make the offender a new man ; to acquit him of all corporal punishment and forfeitures annexed to that offense for which he obtains his pardon. In Lilly’s Abridgement the doctrine is thus laid down : “A pardon doth discharge not only the punishment which was to be inflicted upon the person that did commit the offense pardoned, but also the guilt of the offense itself. It pardons culpa so clearly that in the eye of the law the offender id as innocent as if he bad never committed the offense.” In view, then, of all the surrounding circumstances, it does appear that we should lay our party prejudices aside, elevate ourselves to the situation of affairs, and modify the oath, so far, at least, as is recommended by the Hon. Secretary of the Treasury and the Hon. Postmaster- General and the President of the United States. It is to be hoped that our reve nue will be collected, and our means of communication through the Postoffice Department extended over all the vast domain of our common country, without the necessity of using such measures as will tend to alienate the affections of one- third of our population and establish a despotism over one-third of our land.— For the reason herein set forth, it is re commended that Congress so fai modify the test oath that the third clause may be stricken out, and a clause inserted therein to read as follows : “ That I have not voluntarily sought any office whatever under any authority or pretended authori ty in hostility to the United States.” All of which is respectfully submitted. Andrew J. Rogers. The Losses of the Soutk by the War. Commodore Maury, who is now in Paris, has written a letter to the London JIorniDg Herald, in which he estimates the losses of the South, caused by the war, as follows: “ I estimate the amount of the pecuni ary losses of the Southern Confederacy, in their late attempt at independence to be no less than $7,000,000,000 (seven thousands millions of dollars) viz : a By emancipation $3,000,000,000. Expenses of the war 2,000,000,000. Destruction of private property 1,000,000,000 Additional taxation im posed by the victor for payment to Federal war debt, say $10,000,- 000 per annum, equal to six per cent, interest on 1,000,000,000 Oulpopper ft Co and are prepared to MAKE AND REPAIR at the shortest notice and in good style. We are also prepared to make April 14-32-tf. C|t Betoratt Ijerafo. - - Publisher. Rates of Advertising. All transient advertismeHts must be paid for when handed io. The money for advsrtiseing dne after ths first insertion. GREAT ATTRACTION! IIP BARGAINS! Total $7,000,000,000 “ This loss upon less than eight mil lions of whites, who have, moreover, in addition, to contribute largely towards the support of the four millions of blacks who have been suddenly turned loose among them, and who, for the present at least, are incapable of caring for. them sbItcs* “ This $7,000,000,00 of money was the accumulated wealth of centuries; it con stituted nearly the whole industrial inter est and capital of the South.” What Will 3Irs. Grundy Say.— The Texas State Convention has adjourn- en after adopting the following Dei Gratia preamble to the new constitution : We the people of Texas, acknowledg ing with gratitude the grace of God, in permitting us to make choice of our form of government, do ordain and establish this constitution.” What will Thad. Stevens say to that ? The permission of the Radicals is not so much as mentioned. Not even Sumner, the “ Charge d’Affaires of Divine provi dence,” in this country, is recognized in Texas.—New Orleans Picayune. A witty printer, who quit his business, studied physie, and became physician, gave his reason for so doing that in print ing all the faults were exposed to the eye, bat ia physic they are buried, with the patient Cold is the eve whose meteor-gleam Flashed hope on all within its light; And still the v«ice that, trumpet-toned, Rang through the serried ranks of fight. No more for him shall cannons park, Or tents gleam white upon the plain ; And where his camp-fires blazed of yore, Brown reapers laugh amid the grain 1. No more above his narrow bed Shall sonnd the tread of marching feet, The rifle volley, and the clash Of sabers, when the fbemeu meet. And, though the winds of autumn rave, And winter snows fall thick and deep Above his breast—they cannot move The quiet of his dreamless sleep. We may not raise a marble shaft Above the heart that now is dust; But nature, like a mother fond, Will ne’er forget her sacred trust. Yonng April, o’er his lowly mound, Shall shake the violets from her hair; And glorious June, with fervid kiss, Shall bid the roses blossom there. And round about the droning bee, With drowsy hum shall come and go; While west winds, all the live long day, Shall murmur dirges soft and low. The warrior’s stormy fate is o’er, The midnight gloom hath passed away; And like a glory from the East, Breaks the first light of blessed day 1 And white-winged Peace, o’er all the land, Broods like a dove upon her nest; While iron war, with slaughter gorged, • At length hath laid him down to rest. And where we won our onward way With fire and steel, through yonder wood, The black-bird whistles, and the quail Gives answer to her timid brood. Yet oft in dreams his fierce brigade Shall see the form they followed far, Still leading in the farthest van— A landmark in the cloud of war! And oft when white-haired grandsires tell Of bloody struggles past and gone, The children at their knee will hear How Jackson led his columns onl A Mother’s Love. Some years ago, some English officers, camped in the vicinity of Mulkapoor, went out a tiger hunting, and bagged a splendid tigress. Whilst returning home with the trophy, they found, in a secluded spot, in the lee of a jagged rock, what evidently was the lair of a tiger, for their lay bones of both human and brute kind, and shreds and rags of clothing. More interesting than all, however, was the discovery of a tiny kitten, not more than a fortnight old, coiled in a corfier, winking and blinking, and gaping at the intruders. The hunters at once decided that this must be the cub of the beast they had slain, and willingly took eharge of the little orphan. Tiger kittens arc not captured every day, so when the hunters returned to their quarters, the excitement in tbeir tent was considerable. The nearly ac quired kitten was provided with a tiny dog-collar and chain, and attached, to the tent pole, round which it gamboled to the delight of an audience numbering nearly twenty. About two hours after the cap ture, however, and just as it was grow ing dark, the good people in the tent were checked in their hilarity by a sound that caused the bravest heart there to beat rather irregulaily. It was the roar, or rather the combina tion of shriek and roar, peculiar to the tiger when driven mad with rage. In an instant the gamboling kitten became every inch a tiger, and strained with all its baby strength, at the lether, while it replied, with a loud wail, to the terrible voice outside. The company were panic- stricken. There wa3 something so sudden and unearthly in the roar, that it seemed as though the great tiger brought in an hour before, had come to life again.— Certainly, the tiger in question was al ready flayed but the picture conjured up became not the more pleasant for that. There was, however, not nearly so much time for speculation to the scared company as writing these lines has cost; for almost simultaneous with the roar, there leaped sheer into the centre of the tent a bold tigress, and without deigning to notice a single man there, she caught her kid napped baby by the nape of its neck, and giving it a jerk, snapped the little chain, and then, turning for the tent door, trotted off at a full speed. After all, it appeared that the little thing did not be long to the tiger that was slain, but to the brave mother that had tracked and recov ered it. Sanguinary maneater as she may have been, one can be scarcely sorry to hear that not a gun was leveled at the great rejoicing creature, as she bore off her young one, aod that she got cleat off. Several thousand men are employed in the Champ de Mars, in preparing that spot for the erection of the immense building for the Universal Exhibition of 1867. VIRGINIA TOBACCO HOUSE. D ON’T purchase until you call at P. A. POWER’S TOBACCO HOUSE, where you will find him ever ready and willing to accommodate all ana give GOOD BARGAINS, -Either at- WHOLESALE OR RETAIL. Tobacco, Cigars, Snuff, Soda, Cheese, Crackers, Sugar, Coffee, Flour, Bacon, Salt, Sorghum Syrup, New Orleans Syrup, Spades, Shovels, Factory Cotton, Brooms, Water Buckets, And a general assortment of everything kept a PAMX&Y GROCERY.' Go to the Tobacco House at once to purchase. February 3-22-tf. J. LORCH & CO., Have just received at J. M. DODD’S old stand, South- West Corner Public Square, NEWNAN, GEORGIA, A new and large supply ot READY MADE f T AVnT¥f urJbU X XXllY lx, A.3STD THOMAS BARNES, Depot Str., Newnan, Ga., Will repair neatly and promptly AND September 30-4-ly. J. D. WATSON, ATTORNEY AT LAW, —AND— BEAL ESTATE AGEUT, NEWNAN, GA„ F OR Selling, Renting or Buying Real Es tate in Newnan, or in Coweta and ad joining counties. [Oct. 28-8-ly. HATS! CAPS 1 J. M. HOLBROOK, W OULD most respectfully inform the pub lic and his old patrons that he is now permanently located at his old stand on WHITEHALL STREET, (Sign of the Big Hat,) ATLANTA, GEORGIA, With a large stock of well selected HATS and CAPS, all of which will be sold low for Cash at wholesale and retail. Nov. 25-13-12m. J. M. HOLBROOK. J. T. REESE. STAPLE GOODS LADIES and GENTLEMEN’S All varieties of OSI&DSEff’S SSOES, BOYS & GENTLEMEN’S NOTIONS, Of all kinds; HOOP & BALMORAL SKIRTS; CLOAKS. CORSETS; HARD-WARE CUTLERY. Also a large and full supply of all kinds of GROCERIES & fiRfiCIERL J. M. MANN, 1 Salesmen J. A. HUNTER, J Newnan, Ga. R. T. HUNTER, 1 Salesmen JOS. NALLS, J for Lorch&Co. •. A. M. WOOD, 1 Salesmen W. MARTIN, /Franklin, Ga. - Sept. 16-2-tf. DRUGS November 13-11-6oj. Who Wants Literary Aid? I WILL give Literary aid in any direction, for moderate remuneration. I will furn ish, at short notice. Essays on any subject, Orations, Poetical Effusions, Communications for the Pre33, and such like. All communica tions strictlv private. Address, enclosing sump, ' A- J. SMITH, January 2Q-6m. Newnan, Ga. PHtENIX TIN SHOP, —AT THE— TIN TREE. W. M. Reynolds W OULD respectfully inform everybody and the balance of mankind, that be i» now prepared to furnish anything and every thing in the way of STOVES & TIN WABS* At the very lowest prices and shortest notice*. BeBt Patent of Family Cook Stoves, from $25 to $-50, according to size! and outfit. _ 1 Tin Ware reduced 25 per cent, under* any other market. Come, come everybody, and buy! I will duplicate bills bought at wholesale in. any market in the Union since the war. January 20-?0-7m. •' Jr DEALERS IN FURNITURE, JHattre8#e&, Looking Glasses, Gilt Frames, Pictnre^, Window Glass, Carpets, &e., &c., Marietta-St., Atlanta, Ha, ONE DOOR FROM PEACH-TREE. Feb. 10-23-3m.