Newspaper Page Text
“WISDOM, JUSTICE AND M0DERATI0N.
VOLUME 5.
ftri-tokckli) Courier
is pnnusiiED evehy
TUESDAY, THURSDAY A SATURDAY.
Bates or Subscription.
Orio Vear $8 Oo
Six Months....... 4 00
Three Mouths...... 2 00
Bales for the Weekly.
Ono year ft ..SI 00
.Six Month's 2 00
Three Moftths l 00
Clean cotton Bags wantoJ in exchange for
,c -paper at 3J contB per lb.
. M. DWINELL,
li Proprietor.
Rates of Advertising.
, Ono Square (ten lines or less, Minion,)
first insertion, One Dollar and Fifty Cents,
Each subsequent continuance, One Dollar.
. A liberal discount to those who advertise
hy tho year.
LEGAL ADVERTISEMENTS.
Sales of Land by Administrators, Exec
utors or Guardians, aro required by law to
be hold on the first Tuesday in each month,
between .tho hours of ton in the forenoon
and three in the afternoon, at the Court
Houso in tho county in which tho property
is situated.
Notices of these sales must bo given in a
publio gazotto 40 days nrdvious.
sale or
property
Notices of tho sale of porsonal pi
must be given in Jiko manner, through a
eublio gazetto, 10 days previous to sale day.
Notice to Debtors and Creditors of an es
tate, must bo published 40 days,
| Notice that applications will bo made to
kho Court of Ordinary for leave to sell land
[must bo published for two months.
Citations for letters of Administration,
Xlunrdianship Ac., must bo publishod 80
days—for dismission from Administration,
monthly six months—for dismission from
Guardianship, 40 days.
Rules for the forcclopeuro of Mortgages
must be published monthly for four months
—for establishing lost papers, for the full
space of threo months—for compelling tltl6s
Irom Executors or Administrators, where
bond has boon given hy the dcccar od, foftlio
full space of three months.
Publications will ulwoys bo continued
.ucoordihg to these, the legal roouirements,
-unless otherwise ordered, at the fallowing
RATES.
Sheriff's Sales per levy of ten lines or
less $ 8 00
•Sheriff's Mortgage fi. fa. sales, por
levy...... 5 00
Tax Collector’s sales, per levy 5 00
Citations for letters of Administration... 3 0Q
■Citations for letters ol Guardianship 3 00
Notico ot application for dismission
from Administration,.; V.W.... C 00
■ Notice cf application for dismission
1 from Guardianship, 4 00
(Application to soli land, 0 00
Notico to Debtors and Creditors,....,.... 3 00
■Sale of Land, per square, 4 00
Salo of perishable property, 10 days... 2 00
Eatray Notices, 00 days, 4 00
[Foreclosure of Mortgage, per square... 4 00
For man advertising his wife, (iu ad
vance) . 10 00
Rail Road Gniilc.
NOTICE TO PASSENGERS.
ROWE RAILROAD
SCHEDULE.
fc Ou and after Murch 12tb, the trains will
I run as follows:
I Loavo Romo at 0 P. M.
| Arrive at Kingston at...... 7 30 P. M
I Lcavo Kingston at 7 A. M.
K Arrive at Romo, at 8 30 A. M.
X Tho Day Train on tho Romo Railroad will
[do discontinued on tho above date.
E^Tbe Passenger Train will connect at Kings
ton, Ga., with tho Night Tra n on tho West-
Itcnt k Atlantic Railroad.
F J23T* The, Regular Passenger Trains on tho
IGoorgia, Atlanta anil West Point, Macon
land wostern, East Tennessee and Georgia
land r the Nasliyille and Chattanooga Rail-
I j-oadSi connect'with tho Night Passenger
I Trains' on tho Western and Atlantic Rail-
Krond.
I Passengers going south will find comfort-
|able and commodious Stages ip wuiting at
I Romo to carry thorn to Bluo Mountain, Ala.
Iwhere they make suro and prompt connec
Ktion with tho Alabama k Tennessee River
IRnilrond to Solina, and points South of that
city.
C.- M. PENNINGTON, .
marl5 Eng. k Supt.
WESTERN AND ATLANTIC R. R.
[Loavo Atlanta at..; .7 80 a m
LArrivo at, Chattanooga 7 2d p m
I Leave Chattanooga at 50 a m
Arrive at Atlanta at.. P .. .....5 35 r m
hcqvc Atlanta at ,7 30 p m
lArrivo at Chattanooga at .....5 36 a m
iXeaye Chattanooga at ,..0 10 pm
Arrivo at Atlanta at 4 40 a m
Sept. 34,*’05.
C. WALLACE,
Superintendent.
GEORGIA RAILROAD.
ILeavo Atlanta at...., 7 03 a
lArrivo at Augusta at,. 0 43 l-
■ Loavo Augusta at 7 00 A
l Arrivo at Atlanta at 0 60 i* ti
, Loavo Atlanta i 7 30 r n
IArrive ft AftgttiU.:;.its.;;; ....0 30 r M
I Leave Augusta ..6 10 a h
I Arrive at Atlanta... 0 41 i- »i
Bopt. 14,1865.
ATLANTA AND WEST POINT it. R.
[ Loavo Atlanta at 0 00 a >
Arrivo at West Point 11 45 a >
j Leave West Point at.... ,....12 85 r i
Arrivo at Atlanta 0 02 r i
GEORGE G. HULL,
Bopt. 14, ’65. Superindont.
bcavo West Point at i 15
Errivo at Wost Point 12 00 u
DANIEL H. OltAM,
Bopt. 14, ’85. Gen. Superintendent.
macon andwestern r7r!
day rAssEXonn train.
eavo Macon at...........; U.7- 80 a i
Arrivo at Atlanta at., 1 65 p i
mmivo Atlanto at 0 55 a :
“rive atMai;on...,,,„ 1 35 r :
mom tiiaix.
five at Atlanta..
■eavo Atlanta
Ynvo at Ma-
FSopt. 14, >65.
• ••««.< <««•»« • ••*••'* ““ A
E. B. WALKER,
Superintendent.
Professional Cards.
£ D. & PIUNTUI**’ R. T. FOUCHE. -
PRINTUP & FOUCHE,
ATTORNEYS AT LA.'W,
. Rome, Ga.
PRACTICE generally in Cherokee Goorgln
JL and In tho District Court ot the United
States,.for the Nerthorn-Distrlot of Georgia.
soptl4’05.1y
t>. liAnvjnr. dVitlaf soott. '
HARVEY & SCOTT. \
ATTORNEYS AT LAW, '
BROAD STREET* ROME, GA. ft
. Offioo open at all hours. Prompt atton- ^
, t,oa g^on to drawing Deeds and contracts,
as well as to all other branches of their
profession.
f BILLY HILLS,
In office with thorn, gives his special at
tention to all Justice Court matters and all
small claims under their advice and assis
tance, and is authorized to receive ond re
ceipt for all claims and other business, in
tlioir absence.
fobl6-tw.
J. W. n. UNDEKWOOD C. H. SMITH.
DWDERW00D & SMITH,
Atterneys at Law.
-'HOME, GA.
Office on Broad street, next door to Ex
press offleo. doc6-tw»ly
T. W. ALEXANDER,
ATTORNEY AT LAW,
ROME, GA.
TT AVING returned to Romo, will resume
XX tho practice of his profession in all
its branches. Offico at his old Etand. .
Aug.31. ...tr„. \
J. I. WRIGHT,
ATTORNEY AT LAW,
ROME. GA.
$3*- Office opposite tho Choice Hotel.
Aug31. .. 8m...
X. R. WRiqUT. K. N. nilOYLBS
WRIGHT & BROYLES,
ATTORNEYS AT LAW,
Rome, Ga.,
Office on Broad Street, over Dr. J* II. Now-
lin's Drug Storo.
TtflLL practice in tho counties of Floyd,
TT Polk,.Barall6n, I’uuldiug, (fuss, Gor
don, Whitfield, Catoosa, Walker and Chat
tooga ; also in tiio Supreme and Federal
Courts in tho State: and will attend to the
collection of CLAIMS ON TIIE GOVERN
MENT. Oct20..1y.
It D. Harvey*
AGJ5NT FOR THfl SALE OF
REAL ESTATE
Rome, Ga.
Sopt2l. ....iy ..
A. C. PERRY,
ATTORNEY AT LAW,
Summerville, Ga.
Will promptly attend to all business entrus- j
ted to his care.
janll-twly
J. A. ICANCE. I. F. THOMPSON.
BLANCE & THOMPSON,
ATTORNEJ S AT LAW,
0ED2RT0WN, GA.
Will practice in the Courts of Polk, Floyd,
Paulding, and Haralson, ond tho Supremo
Court of the State. Particular attention paid
to tho collection of all' claims of every de
scription. [jan20-trily
WM. FARELL, M. D.,
OFFICE
NO. 8, CIIMCE'IIOTEL,
ROME, GA.
OotlO-
Dr. Jas. 11. Lawrence
S3ES10EWT ©ENTOT,
ROME - - - - - - GEORGIA
Nov.3. ' ’ ...tf...
DRS. GRAY it PINSON
Practicing Physicians,
CAVE SPRING, GA.
TT AVING formed a copartnership for
XJL tho purposo of practicing their profes
sion in its various hfanblies, offer their set-
vices to the citizens of ^Gave'* Spring and Vi
cinity. Having had ten years cxpcrioncc—
four of which Was in the C. S. Army—they
hopo to givo entire satisfaction.
^30- Offico same as occupied by Dr. Gray
Cavo Spring, Sept28. ....ly.. n .
CHOICE HOTEL,
BROAD STREET, ROME, G A.
3, C. RAW LINS, Popt.
TTACGAGE takcu to and from the Depot
Ml froo of charge. Aug31...tf.
lusiu'iinec.
SOUTHERN MUTUAL,
GEORGIA HOME,
Valley of Virginia,
METROPOLITAN. N. YORK,
CONTINENTAL, N. YORK.
HOME INSURANCE CO.,
' New Haven, Conn.
, f4; J. BAYAUD,
hov30 Agent.
ROME, GA, THURSDAY MORNING, MAY 3, 1806.
NEW SERIES—NO. 64.
O. W. F. LAMKIif.
ii. sr. andersoaV
mm
WHOLESALE AND RETAIL
GRO C-ERS,
PROVISION DEALERS.
Buy and sell all kinds of Country Produco
their old stand on Broad Strcot, No. 4,
ioice Hotel. jan23-tw
LIVERY
SALE STA
BY
E. '<$. LOGAN,
trept, Romo, Ga., opposi
old stand
janll-twly
MORRIS K01IN.
Marks & Kolin,
dealers in
«Y GOODS, GROCERIES
READY MADE CLOTHING, Ac., k<?.
pN Romo, tho business will bo conducted
a Veal’s ol
Sop7. tf.
[ AVING resumed my old business again
in this place, I take pleasure in stat-
to my friends and tho publio generally
I. have on hand and receiving, a largo
assortment of
School and Miscellaneous
BOOKS,
LETTER, note and cap paper,
3NVELOPES,
PENS, INK,
SLATES,
PEN HOLDERS,
PENCILS,
nk Stands, Blank Boulcs, Wall Papering,
itci, etc., oto..
School Tenebera and Country Merchants
applied on reasonable terms,
sept2s..,tf. nu.NRvr A. SMITH.
A a. mttnu.
Pitner, Cooper & Co,
WHOLESALE AND HETA4L
Commission Merchants,
ITNER'S CORNER, BROAD STREET
Rome, Ga*
ILL Receive and Bell, Ship or Store
Cotton or other Produce for tho Plan-
Mr. J. II, Cooper, who has had long
ienco in the Cotton track*, will give
iccial attention to that branch of tho
ess, Scpt28..tf
THE TEST OATH.
fASHVILLE AND CHATTANOOGA R. R
«avo Chattanooga 7 30 A »
rnve Nashville.. 8 30 r h
jcavo Nashville „ t ...8 30 A u
pnve Chattanooga (* 30 r a
I- , , W. J. STEVENS,
ovpl, 14, ,'65, Gen. Superintendent
LOUISVILLE AND NASHVILLE Il. R.
Lenvo Nashville ^ 00 A « 7 45 r u
Arrivo LouisviUo 5 00 P x 5 Ofl A «
Leave Louisville....'..; 7 00 A a 7 00 p «
Arrivo Nashville ....5 30 p m 5 30 A u
Sleeping cars to be used on all night trains
after August 1st, TS BLAIR,
Sept. 14, >65. Superintendent.
AGE3(€Y
OP THE
National Banking
AND
INSURANCE COMPANY,
Or St. Lonis, Mo.
Assets July 1st, 1S05—9277,043 OO.
B. J. JONES,
Resident Agent, HOME, OA.
OFFICE—At the storo of Burnett, Junes
k Hargrovo. jan25-tw tl
JUST RECEIVED
BY
Pitiicr & Merck,
A Largo and Excollcnt Assortment of
COOKING STOVES,
Parlor Stoves.
ALSO—
fXlfllS,
SHEET IRON. COPPER, &o;
Special attention paid to Manufacturing
uttering, Stove Pipe; and all kinds ol llc-
airing done at short not ice.
Special nrrangomfents have been made for
rdcring any stylo of Stove or other articles
ot iu storo. ■ All goods will bo sold as choap
roan be had in this market.
Blio|> 2d door above tho Brick Livery Sta
le, Broad Strcot, Rome, Ga.
fob24
NEW STORE.
lailii I
CAVE SPRING, GA.
H AVING permanently settled in I ho
nhbvo villago wo would rc.pootfully
inioiiiicb tii tho cltiacnS of Cnvr S|>ring and
ieisity. that wo are opening u gonofal as-
Bortinent of Dry goods,Groceries, Hats, Caps,
Boots, Shoes,Tin Ware, lluconswuro, Notions
•to., in fact, everything kept lit our lino of
business, which wc propose to sell oil reas
onable terms. Bioro at Lake k Cos. old
stand. Country produce laktn ■ exchange.
Nov. 1«. —Cm—
T G. WATTERS & mT
AUCTION AND COMMISSION
MERCHANTS,
WAITERS ft i'OWEllSl
auctioneers,
No. 53, North side of Broad street.
ROME, GA.
H AVING aeourod a.commodious flro prno
Storo Room they respect fully sollo
consignments of all kinds (f Morchandis
or Produce to acll, at Auction or otherwiset
asmay bo desired. Liberal Advances made
on Goods in Store.
THOS. G. WATTERS,
T. McGUIRE,
W. S. COTHRAN,
a. F. POWERS.
flhl.tw-tf.
Report oftho Judiciary . CommlTtec,
in Congress against Us Modiflca*
tlon.
Tho following is tho report of tho
House Committee on the Judiciary,
mado through Mr. James F. Wilson,-of
Iowa, its chairman, in obedience.to tlie
direction of tlie Houso to 'consider the
message Of the Pvesidbnt. transmittihg
with his indorsement, communications
from thojfdoerelftry of the Treasury and
tho Postmaster General, suggesting a
modification of tho oath of offico pre
scribed by tho actor July 2, 1802,’otli*
orwiso known as tho test oath :
REPOaT,
Tho act presenting this oath of office
was passed when the nation was in tho
midst of a gigantio war waged against
it by its own fcitizens, and Congress in
tended to establish by it a permanent
rulo of public policy, wbioh should ex
clude from the offices of tho United
States every citizen who had voluntari
ly abandoned bis allegiance to the
Government, and joined in tho mad at
tempt of traitors to destroy ic. Tho
positions which many of tho loading
traitors held under tho Government
wliilo engaged in organizing the rebel
lion were sources of power without
which tho war oould not have boon
commenced. These positions gavo llie
conspirators a resistless inilucnco over
the people of the Southern States, and
supplied the means for organizing forces
that converted ono-half of the republic
into battlefields, on which loyalty and
treason contended for four' years. If
every officer of the Government had
proved true to his trust the rebellion
could not ltuvo occurred.
This fuot wits properly appreciated by
Congress and by President Lincoln,
when tho act of July 2,1862, was placed
upon tliestatuto book of tho nation.—
They snw that treason derived all of its
original strength from tho ofhcial posi
tions oftiie leading traitors. Tito base
ness of the traitors \\ ho had gono from
Congress, ftom tho--Cabinet, from the
army and the navy, to give ohainoter,
and power, and organization to tins re
bellion, was fresh in the minds of ail
who participated in tho enactment of
the oath ot'office, Tho Yuloc letteiC
disclosing tho double villiuny of the
men who conspired against tho Gov
ernment while holding its highest of
fices, had been discovered and placed
before tlie country but a snort time be
fore the passage oftho net of July 2,
1802. This letter did much toward
convincing every true supporter of the
Government of tho necessity of apply
ing the tefet of uninterrupted lclyalty to
every public ulfloe’r. So marked ivasjis
effect then that tile committee deemed
it proper to reproduce hero as an tu-gu
men t in fuvor of maintaining the policy
in tlie adoption of which it materially
aided. Tho letter is as iollows:
“Washington, Jan. 7, 1801.
Dea'rSiu: Oil. tlie other side is a
copy of resolutions adopted at a consul,
tation of Senators from tho seceding
States, in which Georgia, Alabama,
Louisiana, Arkansas, Texas, Mississip
pi and F oridaworo present. The idea df
the meeting was that the States should
go out at once and provide for theearly
organization of a Confederato govern
ment, not inter than tiio lfith ot Febru
ary. This time is ulloived to enable
Leuiaiana and Texas to participate. It
soemod to bo tho opinion that if wo all
left hero, force loim and volunteer bills
might be passed which would put Mr.
Lincoln in immediate comli.ion for hos
tilities; whereas by remaining in our
places until tho 4th of March it is
thought that we can keep tlie hands of
Mr. Buchanan tied and disable the Re
publicans from effecting any legisla
tion which will strengthen tho hands
of the incoming Administration. The
resolutions will be sent by tho delega
tion to tho President of tho Conven
tion. 1 havo not been able to find Mr.
Mnllory this morning. Hawkins is iu
Connecticut. 1 liavo therefore thought
it best to send you ^nis copy of tho res
olutions.
“In haslo, yours truly,
“D. L.Yulke.
‘Joseph Finegan, Sovereignty Convcn.
lion, Tnlluhasso, Florida."
Tho resolutions referred loin this let
ter were ns follows :
1st. That, in our opinion, tho South
ern States should, as soon ns may be,
secede from tho Union.
2di Thnt provision should bo made
for a Convention to organize a Confed
eracy of the. secoding States, tho con
vention to meet not later than tho 15th
of February, at the city of Montgomery
Alabama.
3d. That in view of tho hoslilo legis
lation that is tbroatened against tho so-
coding States, and which may bo con-
sumalcd before tho 4th of March, wo
ask instructions whether tlie delega
tions are to remain in Congress until
that date, for tho purpose of defeating
such legislation.
4th. That a commiUco he, and
hereby appointed, consisting of Messrs.
Davis, Sliuoll and Mnllory, to carry out
the oljoet oi the meeliug.
Tho conspirators who attended tlie
meoting referred to in litis letter, and
who passed those resolutions all had rest
ing on tlioir conscionco, an official oath
requiring them to support tlie Constitu
tion of tho United States—they were all
Senators of tho United States. In pub
lio they professed to respett that oath,
and to desire the perpetual unity of tlie
Republic. In secret they disregarded
tlie ono, mid plotted for tho destruc
tion of tho othetu No one but a mad
man should think of trusting those men
again with oifioial power in this nation;
and yet thbir pertidity, deep ond dam
ning as it Was, did not excood that of
the great body of tho publio men who
controlled the political power of Hie in
surrectionary States while tho foroes of
war itbre concentrating, and who, in
most of those Statevpossess it to-day.
Congress and the country were con
vinced that upon the consciences of
such men'tho ordinary oath of office
would have but little offset, and that
the safety of the nittion required their
exolusion from offloe altogether. Tho
test oath of 1862 was one of tlie remits
of.this conviction, Tho teachings of
more Ilian four yonrs of war, with Us
expenditures of blood and tronsuro, its
blaolc horrors and revolting barbarisms,
have not shaken this conviction. Tho
treachery of 1801 ninyj bo repeated if
those* Who participated in* it should
again bo intrusted With power. Con
spirators might profit by the expori-
onco cf tho past, undjnako future trea
son more successful than that which,
overwhelmed by disaster, now lies at
our feet. Failure often begets wisdom-
11 is not uncommon for disaster to give
birth to Success. Allow tho enemies of
tho Republic another opportunity to”
wield tho official powor winch they held
in tho past, and success in some form
may come to and abide with them.
Tho committoe Understand tha t it is
tho deliberate purposo of Congress to
maintain the polioy of tho act of July
2, I8G2, which is to koop tho Offices of
the Government in tho hands of loyal
men. Treason Bhould not.bo mado re
spectable by tho robes of office—
places of honor, trust ond profit Bhould
be bestowed od tho loyal only. True
men can bo found in tho insurrec
tionary States tofill all suoh places, and
nono other should bo selected. No
law of the nation ought to bo so chang
ed as to render nny other courso possi
ble. And in this regard tho committee
entirely inour in the bold utterances
made by President Johnson, both when
tho war was in progross, and after actu
al hostilities had ceased.
When ho, us military Governor of
Tennessee, was about calling a conven
tion to l-eoognizo civil government in
that State, and asked, “But in calling
a convention to l-ostore tlie State,
ivlioshull l-estoro atul re-establish it ?—
Shall the mau who gave his inlluenoo
to destroy tho-GovormUent 1 Is ho to
participate in tbogreat work of reorgan
isation ? Shall ho who brought this
misory upon tlie Slate bo permitted to
control Us destinies t" lie know, us did
every loyal man, that there was but
one proper course to pursu", and he
marked that outin bold, bravo utter
ances in answer to his own question,
when her immediately followed them
with these words-. “If tills bo so, llicu
the precious blood of our btavo soldiers
and officers, so freoly poured out, will
have beeu wantonly spilled. .All tho
glorious victories by our lioblo urmics
will go for naught, and all the battle
fields which have boon won with dead
heroes dating the,rebellion, will have
been made memorable in vain? Why
all this carnage and devastation 1 It is
that treason may be put down and trait
ors punished. Therefore 1 say that
traitors should take a back scat in the
work of reconstruction. If there be
but five thousand men in the State loy
al to the Uoinilitution, loyal to freedom,
loyal to .justice, these true, and faithful
men should control tho ivirk of reor
ganization absolutely.”
These declarations of tho President
are ill entire harmony with the polioy
established by the act of July 2, 1802;
and when, on tho 20th of April, ISGo,ho
asserted that “it is time tlie Amerioan
people should bo. taught .to understand
that Treason is n crime—not.in revenge,
not in anger—but that treason is a
crime, und should be esteemed as such,
and punished as such;” ho uttered an
appeal for tho "test oath” of such foroo
that tho committee cannot disregard it,
and is constrained to reach so dosirable
a result. And the committeo is of the
opinion that ono of tho most effective
means of making treason odious is to
close all official doors against traitors—
fill the offices nf the Government with
none but loyal men—put no traitors on
guard. Tins, in the judgment of the
committeo, will surely make treason
odious, Rtid tend to produce harmony
of action between the loghlative and
cxocu.tiuo branches of the Govern
ment.
Tho committee docs not suppose Unit
the President, when lie declared, “if
there nre but fivo thousand men in Ten
nessee, loyal to tlie Constitution, loyal
to freedom, loyal lo justice, tlioso true
and fuithful n)en should control tlie
work of reorganization and reformation
absolutely,” meant to be understood as
fixing a numerical limitation; but rath
er announcing tho doctrine that loyal
men, however tow iu numbers, should
be tho solo depositories of political pow
or and official iniluenco. This must bo
tho true interpretation of his words, for
any other would bo inconsistent with
his ompliatio and ofteil repeated de
nunciations of treason and traitors.
On. the 2d of March, 1801, he said in
the Sonate : Show mo who has been en
gaged in these conspiracies, who has
fired upoii our flag, who lias givon in
structions to lake our forts and custom
houses, nud arsenals, and dock-yarus,
and I will show you a traitor. .Wore 1
President of the United States, 1 would
do as Thomas Jefferson, in 1800, did
with Aaron Burr—I would havo thorn
arrested, aiid if couviotQiI of treason
within the moaning of tho Constitution,
by tho otcrual God ! I would execute
them."
While military Governor of Tonnes
bco ho said ; “Those leaders must feel
the powor of tho Government, treason
must bo mado odious, and traitors must
bo imprisonod. Their great plantations
must bo seized and divided into small
farms, mid sold to honest, industrious
man.”
Again, on tho 21st of April, 1805, as
President, ho reaffirmed tlioso senti
ments by saying : “Treason must be
made odious; traitors must bo mode
odious mid impoverished. They must
not only bo pUnialled, hut their social
power must bo 'destroyed; aiul alter
making treason odious, every. Union
man and tho Government should be
reimbursed out of tho ■ pockets, .of men
who lmvo inflicted this great suffering
upon tho country.” , ■
.Tlicso quotations from Ilia emphatic
uUorances oftho Prosident show that
tho committee is not ivroiig -in it» in
terpretation of his declaration that, “If
(hero are but fivo thousand loyal itveu
rn.Tennessoe they should absolutely
control the work of reorganization und
reformation.” He did moan by this
langnago to declaro as a principle of.tbe
Government that to loyal men alone
should power be intrusted. And this
principle is of general application, and
so lie seems to have regarded it, tor he
has affirmed it both aa Military Gover
nor of Tennessee and President of the
United States.
Tho act of July 2,1802, applies this
principlo to allolfioora under tho Gov-
eromcut.of tho United States, It shuts
out the disloyal from offioo. It makes
treason odious by teaching tlie people
that no traitor is worthy to hold any
j U|
is demtiudod by tho highest interosls of
tliq nation.
But a modification oftho oath of of
fico established hy that act is recom
mended by tho President, tho Secreta
ry of tho Treasury and tho Postmaster
Genorul, iu the communication referr
ed to tho committeo as a subjeot mat
ter of inquiry. If this recommendation
is to bo followed it should bo basod on
somo vory urgent roason. No tempo
rary inconvenience will answer as a jus
tification for a doparture lrom the sound
polioy in regard to whioli tho Prosident
and Congress bo perfectly harmonised.
Tho Committeo will endeavor, by a care
ful cohsidoration of tiio messago and
accompanying documents, to ascertain
upon what support tho proposed mod-
cation of the otilli of offioo rests.
Tho Neorotary of tho Treasury, ill
speaking oftho condition of the coun
try, aftor tho surrender of the -rebol ar
mies, says - : *
“The country was in a peculiar con
dition. Tlie robellion had come .to it
sudden close. All resistance to tho au
thority of tho United States had ceased,
and soino seven millions of pcidplo, in
a Stato of disorganization, Were left
without any civil government whatev
er, and without even on adequate mili
tary protection against an abarohy and
violenoo. Undor these circumstances,
as it Beamed olearly to be the duty of
tiio Fxooutivo lo proceod at onoo to es
tablish tho Federal authority and oivil
government in these States, so it seem
ed necessary to curry into effect tho
revenue laws of tho goheral Govern
ment. As the oountiy was posting from
a state of war to a statu or peaco, and
tho emorgenoy seemed too pressing to
admit of delay till the meeting of Con
gress, it. was thought that the test oath
might, in Viow of tho great objects to
bo obtained, id some oases bejdtsponsed
with, or father that persons might be
permitted to hold revenue offices who
could take it only in a qualified form.”
This is6 sorrowful picture, indeed.-—
Seven millions of people in a stato of
utter demoralization “left without any
civil government whatever, ond with
out even ad adequate protection against
anarchy and violenoe,”-presonted ques
tions of tlie gravest moment for lhe
consideration of the Government; and
it seems b< range that this appalling con
dition- of things did not suggest to the
President tho propriety of calling Con
gress together’that he might havo the
uid of the legislative department of the
Government in reducing, disorganiza
tion, nnnrchy and violence to order,
safety arid peace.
The Interests of the country seemed
to demand, the Secretary informs tho
Houso. that oivil government should at
onoo bo established; “The omergenoy
seemod to bo too pressing to admit of
delay until the meeting of Congress,"
But Congress could have been called
together at onoo. Congress could have
boon convened before tlie date of the
roclaraution through which the Fresi-
out umlortook to organize a provision
al government for North Carolina.
Why was it not done? It was not be
cause tho Prosident believed that he
alone possessed the power to provide
governments for the insurgent States,
for lie expressly negatived that idea by
the terms of the following dispatoh:
WAsniffoTON, July 24,1805.,,.
W. L. Sharkey, Provisional Governor of
Mississippi:
Your telegram of tho 21st has been
received. The President sees no reason
to interfere with General Slooum’s pro
ceedings. The government of tup State
will bo provisional only until the oivil
authorities shall be rostored, with tiio
approval of Congress; Meamvliilo mll-
itury authority cannot bo withdrawn.
William H. Siwahd.
Hero tlie power of Congress over the
whole subjeot of reconstruction 1b ex
pressly stated. And at much later date
the Prosident reasserted this power of
Congress in even more emphatio terms,
as follows:
Department 'or State, j
Washington, Sept. 12,1865. f
Hit Excolloncy, William Marvin, Pro
visional Governor of Florida: ,.
Sir : Your Excellency’s letter of ,tno
29til ull., with the accompanying proc
lamation, has been received and sub
mitted to the Prosident. The steps to
which it refers toward reorganizing tho
Government of Florida seem to be in
tho main judioious, anil good results
from tliefn niay bo kopod for. Tho pre
sumption to whioli the proclamation ro
tors, however, in favor of insurgents
who may wish to vote, and who may
havo appliod for, but not reooived, their
pardons; is entirely approved, , All ap
plication for pardon will be duly bon;
sidored, and will be disposed of as soon
as practicable. It must, however, bo
distinctly lindoratood that tho rostora ■
tion to which your proclamation refer?,
will bo subject to luo docision of Con
gress.
1 havo tho honor I
William T
It was not then because tiio Frcsidont
believed Hint tho Constitution clothed
him witli full power to restore oivil
govornmenl.to tho insurgent States that
ho failed to convene Congress in extra
session. Nor was H because ho consid
ered no legislation necessary to enable,
him nraporly to administer tho laws of
tho Uiiilod States; for tho Secretary of
the Treasury, with the approval of the
President, says that it was important tp
cxccutu the revenue) laws In the South
ern Stales, and, as the emergency was
pressing, “it was'thought that the .test
oath might,in view of the great Objeota
to be attained, in some cases tie ditputsed
with',”' i. " . ..
But llie test oath was established by
law, add no offioer had anymore, right
to dispense with it than any other law.
Tho Constitution says tho Prosident
“shall take care that the laws be faith
fully exoouted," and neither ho nor any
other officer of the Government has the
I right .to dispense with nny law. All
omcavs should .know tha’t the dispensing
; power does not . exist in this Govern-
j ment, and that its exercise is dangerous,-
and will not be tolerated.
- to be, it’o„..
ILl.lAU II. SjEWJ
lecause tho Pro:
an..