Newspaper Page Text
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•WISDOM, JUSTICE AND MODERATION.’
VOLUME 5.
HOME, GA, TUfiSlUY MORNING, JULY 8, 1866,
NEW SERIES—NO. 90t
f |)C Sri.DJeckl!! Souricv
IS PUBLIIOKD xYsn'r
Tuesday, Thursday t Saturday
Bate* of lil/tcriptiov.
■One year. .*» *(••*•* $8 Og
Tbroo Month* 2 00
. Rate* for the Weekly.
One year. ♦* JO
8ix Months— 2 00
Three Month* v..v— 1 00
;cl,UB RATEB-OREAT REDUCTION.
To clubs ef five or more the Tri-Weekly
VlII be furnished at Six Dollars a Year or
-Six Months for Three Dollars and fifty cdhta
< *ToClubs'6f fire or more the Weekly Cou
lter will be furnished at throe Dollars each.
If a club consists of ieii or more'a gratui
tous copy will he furnished to the getter up
' fl f the club* \
Clean eotton Rag* wanted in exchange for
She paper at 3 cents per lb.
_M. DWINELL,
Proprietor.
Bates of Advertising.
t Square (ten lines or Ie»s, Mil
Oct Square (ten
first insertion, One
[Inion,)
Dollar and Fifty Cen'
Each subsequent continuance, On* Dollar.
A liberal discount to those who advertise
by the yean
Rail Road Guide.
Notice to passengers.
ROHE RAILROAD
Professional Cards.
JAS. P. PERKINS,
ATTORNEY AT LAW,
AND
COUNTY SOLICITOR.
O FFICE City Hall Bulling, entrance on
Bridge Street. Business entrusted to hli
caro will meet with prompt attention,
maytotf
W. ALXXARD1R. J. I. WUOBT.
ALEXANDER & WRIGHT,
ATTORNEYS AT LAW,
ROME, GA.
Bartow, and in the Supreme Court.
OFFICE—On Bread Street, fbu* doors
above Bridge at.may Otwtf
n. a. rnikVur. n. t. roucas,
PRINTUP & FOUCIE,
ATTORNEYS Alj 1|AW,
. Seme, Ga.
P RACTICE generally (n Cher
aU4 in.the,. District
States, for the Northern
St^tM’MTSr
It. D. HARVEY.
oir Georgia.
HARVEY & S
ATTORNEYS A 1
Broad stree'4 1 , bo;
Office open at all boars,
tion glgon to drawing Seeds
as firell as to all other by
profession. /
the trains will
CHANGE or
tun as follows:
Leave Rome at « F- M.
Arrive at Kingston at 7 30 P. M
Leave Kingston at 7 A. M.
Arrive at Rome, at............. ... 8 30 A. M.
The Day Train on the Rome Railroad Will
he discontinued on tho above date.
The Passenger Train will conueotat Kings.
ton.'Ga., with the Night Train on the West,
tent & Atlantic Railroad.
car The Regular fussergor Trains on thn
Georgia, Atlanta end West Point, Mown
and Western, East Tennessee and Georgia
and tho Nashville and Chattanooga Rail
roads, connect with tho Night Passenger
Trains on tho Western and Atlantic Rsil-
^Passengers going ronlh will find cotnfort-
eble and commodious Stages in Waiting at
Pome to carry them to Bluo Mountain, Ala.
where they mnke sure endprofnpt connec
tion with the Alabama A Tennessee River
Railroad to Selma, and points South of that
' ity ' C. M. PENNINGTON-,,
hurl 5 Eng. A Bupt.
suesToh VccobSoBatios tram.
Westsee A Atiastic lUlMiioAn. 1
Atlanta, MAv 6-, lFfii. f
and aft* Monday, MAy 7th, KiUg-
I ann accommodation train will rufi as
profeU— .
llILLYHI
In office with then give his S'
teU'tlon to all Juatiri 'Coun matters and alt
small claims undertneir advice and
tanoc, and is autlifized/to recelv* and r'o-
caipt for all claimrand /other busineis, in
their absence.
fcblS-tw,
U Stot
follows:
O. He SMITII.
0D & SMITH,
;er;eya at Law.
ME, GA.
Brtfd sWcat, next door to Ex
dec5-tw-l.y
& BRO
X. N. BOOTLES
lYLES,
LAW,
ome, Ga.
treet, over Dr. J. H. Now-
i's Drug Storo.
practice in the counties of Floyd,
lertilson, Paulding, Cass, Gor-
d, 'Catoosa, Walker and Chat-
i/*U in the Supreme ahd. Federal
i the Stole | and will attend to the
^n of CLAIMS ON THE GOVERN-
Ocl28..1y.
Klhgstd.i on \ V
^'comtnutatkmTtcV44e|V 1 h'p'aokngG«
tv each, may be purebaaed at ft ducount of
10 P" cent un rep,Iar yonN V. PECK
hlayl0-l2t MaaWr Tranvportatioh.
NvStKRN and ATLANTIC B-*.
Leave AUahta at '1 2, A
Arrire at Chattunoo
Leavo Chatlanoog*
XI3. PERRY,
^TTORNEY AT LAW,
I Summerville, G6.
1 promptly attend to all business entn
ted to his care.
/nlt-Wly
choice Hotel,
BROAD STREET, ROME, GA
J. '0b RAWLINS, Popt.
B
AGGAOE taken to afi'Jt from te'e be
free of ChaYgv.
AugSl,
bepot
...tf.
LIVELY
AND SALE STABLE,
BY
E. G. LOGAN,
Broad Street, Rome, Ga., oppoiite Sloan’e
old etand
janll-twly
A 0. PITNlR.
Pitner, Cooper & Co.
WHOLESALE AND RETAIL
JhbD : p. JJITJT
Commission Merchants,
PITNER'S CORNER, BROAD STREET
Rome, Ga.
VlYILL Reeelveand Sell, Ship or Store
TT Cotton or other Produoe for the Plan
ter*. Mr. J. H, Cooper, who has had long
experience in the Cotton trado, will give
hie special attention to that branch of the
bueineei. Sept28..tf
idENCT
OF THb
National Banking
AND
INSURANCE COMPANY,
Of St. Louie, Mo.
Aiseta July 1st, 1885-$277,045 OO.
B. F. JONfcS,
Resldont Agent, ROME, GA.
OFFICE—At the etore of Burnett, Joses
2t IIr.rBrove. jan25*tw t3
I. ». THOMPSON-.
ffdVvl
Ilanck.
LANGE h THOMPSON,
ATTOKNE} S AT LAW,
CEDARTOWN, OA.
j„7 25 f lAVill phootipeln the Court, of Polfe, Floyd,
...8 50 A aulding, add Haralson, and the Supreme
irr-lv. it A« r u-hi^ _» “
Leave Chattanooga at........v.....v..-; ».« J J, D WADDELL,
ATTOftJfEY AMD
COUNSELLOR AT LAW,
’CEDARTOWN, POLK CO., GA.
A WenDB .th'C Superior Courts pf Floyd,
Bartow, Polk, Paulding, Haralson ana
Corroll. apr28twtf
Dr. W- D- HOYT,
(FORMERLY SURGEON, C. A Ad)
O FFERS his Professional Services to the
eitisens of Rome and vieintty.
OFFICE In the Post Office Building.
gSO'Messages can also be left at the Drug
Store of Dr. R. V. Mitchell, Broad Street and
Boat Office corner.
juno2tw-ly
JUST RECEIVED
Pitner & Merck)
A Large and Excellent Assortment of
COOKING STOVES,
Parlor Stover
• ALSO—
SHEET IRON, CtipFEh, Ao,
Spotlit) attention paid lo Manufacturing
Guttoring, Btov'e Pip/Oj And all klfids of fid-
pairing done at short notice.
cclal arrangements have been made for
ring nny stylo of Stove or other articles
not in store. All goods will be sold as cheap
as oan be bad In this markot.
Shop 2d door above the Brick Livery Sta
ble, fiidad Street, Romo, Oa.
, Leave Chattanooga at- ^ -r
Arrlva at Atlanta at ci'vfALLACE,
Sept. 14;'85. ‘tuperinteUdi
GEORGIA RAILROAD.
Day Passenger Train.
Leave Atlanta at — ? 1;
Arrlveat Angustaat ,
Leave Augusta at - ““J
Arrive at Atlanta at
Night Pasienger Trala.
Leave AtlanU— ”
Arrive at Augusta “ ,
Leave Augueta — — ”1
Arrive at Atlanta.
Sept. 14,1865.
ATLANTA AND WEST POIN
Leave Atlanta at
Arrive at West Point.,
Leave West Point at...
Arrive ^AtlanU..j.... bEGEG
Sept 14, '65. Bun
MONTGOMERY AND WEST P f
We West Point at *
Arrive at Columbus at......
Atrlvo at Montgomery at.,
We Montgomery at
We Colunums at-...-...,
Arrive at Went Point-...-
DANIEL
Sept. 11, '65, Gen. Sup
T G. WATTERS & CO.,
AUCTION AND COMMISSION
MERCHANTS,
WATTERS A FOWERSI
AUCTIONEERS,
No. 53, North iMo «f Droid stre'ol.
ROME, OA.
TAVING secured a commodious fire brfoo
1 Store Boom they rcspeetfuUy collet
consignment* of all kinds rfMorchahdix
or Produce to sell, at Auction or otherwise
asmsy be desired. Liberal Advanees made
on Goods in Store.
THOS. G. WATTERS,
T. MoGUIftE,
w.. s..otMran,
fobl-tw-tf.
WM. FARELL, M. D„
OFFICE
NO. 3, CHOICE HOTEL,
ROME. GA.
Ootlt-
ent.
let^
,»re»»'
this tfiJJ]'
imp« rr
UA»t, |
Efi-
[• w 't I
FOfil 1 ' I
rnER
ED.
fits! ,
1 » n “ t/M
rntum
stiver
ware roe ■
ivemonia I
Ferf*>
ft Btrict c»*l
heso
elude cornp' |
MACON AND W1
OAT SAeSEKOKR TI-
We Macon at J s0 A *
Jjfrlve at Atlanta at J’ / ” T ”
Leave Atlanta at-,,,..,,. J 65 A
Arrive at Macon ""t 85 r m
, wonitmitx./ „
Leave Mecon-.... 17 00 Mt
Arrive at Atl.ui. ‘U 06 A u
Leave Atlanta ' ”T7 00 p x
Arrive at WKZ.WJS A
_ i; »KER»
Sept. 14,155, ■ pendent.
nabhvillb and chJ>ooar7r
tea®:-JriSt:
t iatUnwg *“--wKv E Vs 0 ,'*‘
°ept. 14, ‘85. Gun r ' ntcn A°’‘^
LODliviLLg and n’tlle R. R^
7 46 pm
Arrive Nuhvtii- i OA 2liOAH
night trains
BLAIR,
Intendenl.
DRS. GRAY & PINSON
FrRcticmg PhysiciftDS;
GAVE SPRING, GA.
H
’AVING formed a copartnership for
in the pmrposo of practicing their profes
sion In iu various. branches, offer thoir ser
vices to the eitisens of Cave Spring and vi
cinity. Having had ten ycers experience-
four of whioh was in tho C. 8. Army—they
~ ope to give entire satisfaction.
er Office same as oeoUpletd by Dr. Gray
Cave Spring, 8ept28. —ly—
Southern Express Office.
OLD STORE.
from 11 A
the same
J. IT. ROBINSON,
[Agent.
m
AT McCLUNG’S
H o a« it!W!bl
"Freight rccMyotl and sent off
{br6m Miss. Sentinel.]
iakpdRTANT DECISION,
jftelovr wo are pleased to present to
oar readers, the able, lucid, and to our
mind, concVidiro opinion of George R.
Chyton, the special Judge of the 6th
JutTioikl District. The questions in
volved in this case, and decided Upon
by Judge 'C., are of very great niagni-
Vude and importance, and have ekeited
'the liveliest interest in our bar, and
among all others interested'. As we
baVe Said, the opinion Is Able, lucid,
and, to our miftd.jooncltialve, arid We
are happ'y td nee that this Judge has
the fearlessness to affirm that our gal
lant men, recently engaged in a 6ivil
war, are not rebels Arid traitors. We
commend the opinion to the attentive
perusal of our readers:
Ddx* & Cadi, 1
V3. F Bill for Specific per
John W. Pxrkinb j formance.
In spoaial Court fpr 6th Judicial Dis-
triot of Mississippi*
The bill, answer and pVOof, in the
above cause exhibit the fallowing facts:
On the 27th of January, 1864, defen
dant sold to complainants twenty thou
sand pounds of lint cotton for the sum
of seven thousand dollars, which was
paid the defendant at the time in
Treasury notes ot the Confederate
States of America—that at the time of
the contract, the State of Mississippi,
having by act of a Convention of snid
State, seceded from the United
States, was in confederation, with the
3'ates of Virginia, North Carolina,
South Carolina, Georgia, Florida, Ala
bama, Louisiana, Texas, Arkansas, and
Tennessee, at war with said United
States—that said defendant Perkins
was to take ordinary care of said cot
ton and deliver the same to complain
ants when afterwards required, &o. De
fendant having failed and refused to
deliver the cotton whenjrequlred, this
bill is instituted to enforce a specific
performance of tho contract.
Defendant, by counsel, submits tho
following ground* of defense y
1. That tho not of secession by the
State of Mississippi and confederation
with.other States, being in violation of
the'Constitution of the United States,
no government was created by said con
federacy Which cOfild perform any
binding act, and the issuing of Treas
ury notes to be used as money, was a
nttllity, and consequently was not suob
a consideration as would make a 'con
tract legal between individuals.
2. That the Constitution of tho Uni
ted Statei prohibited the States fVo'ra
"‘emitting bills uf credit," and that the
States could not do colleotiv'eiy what
they were prohibited from doing sep
arately. That said TYeasury notes
which formed the consideration of tbe
contract, sued on, were "bills of credit”
arid having been issued in violation of
the Constatulien of the United States
were illegal and void, and said 06n-
traot founded on said illegal considera
tion, cannot be enforced either in law
H. & E- M. EASTMAN,
GROCERS,
AND DEALBRS IN
Flour, Meal, Fork, Bacoh,
LARD, TOBACCO CIGARS, FH?ESi
NOTIONS, TOYS, CUTLERY,
Confecttonorica,Tinware, Woodonware Stbni-
ware, Quccnsware, Glassware, eto. eto.
NO. 2 VARANDA BLOCK,
BROAD STREET, ROME, GA.
•prill0.tw.8m
No “Civil Rights Bill"
H0HE INDUSTRY.
GENUINE SOUTHERN MANUFACTORY
FURNITURE,
Of all Kinds mads to Order at
HARRIS & LANSDELL’S
Cheaper and Better than can he bought
rom Nortl . — .
bar
tv, y AND dealer
rFft s * Con V^'
Ala. & Tenn. River R. Road
CHANGE OF SCHEDULE.
12 Hours to Atlanta and $8 00 saved,
24 Hours to Chattanooga and *18 00 saved
Jn and after Monday, June 4th, 1800,
Ttains on this.road will run as follows:
Through Passenger Trains will run dally
(tundays excepted) aa follows:
tltKft Selma at - 4 ’ - (as
Airve at Blue Mountain at * - 12 r. H
Lean Blue Mountain At * - 4 A, x
ArrW at Selma at • • - ** . J*
^Through Tickets for sale at the Smith
Hous>Klagston. S r £ T0 ‘.
pasuger trains connect at Selma with
hosts t Montgomery and Mobilo, and with
the SolUnd Meridian Railroad for Vioks-
hurg, N\ Orleans and the Wont. At Blue
from Northorn and Western markets.
UPHOLSTERING of all kinds, done to
order.
Orders filled promptly. Lumber or Pro
duce taken Itt exchange,
WarorOom at the old stand of H. P> Lump
kin, Broad Bireet. mayl7tf
round 1
ornery F
ornery
:nt funds-
F«*L
tFEPPR ROME, GA.,r"" 1 ii“>ht*itbey oonncclwith Taylor, Gilmor
A. din., C R?? ll j? a y, on b “ 4 stars, Ear- \ A <°-’» ejndid Una of coaches from thenoe
ter, Pie, ’ Craclceru, Sw4“ «, But- \ talome.T,, an d thence by rail to Atlanta.
.funn72
CORNELIUS WILLIAMS,
FASHIONABLE
lL Boot Raker,
BROAD ST-, ROME, GA.
Three Doors above Barnett, Jonos A Har-
Genteet Work and Perfeot Fit* gurxaoteod
apriptw.3m . ....
Lumber.
IBB undersigned are prepared to deliver
X lumbar of the beat quality at any point
in tbe city, in any quantity. Ordefi prompt
ly filled. Contracts will bo made for Any
quantity andltimbe^mmp^deUv^
JanO-twtf
necessarily compelled, from the Ymtuto
and fanctione of the two Governments,
to leave all issues in relation to abetraot
queitions of political power, to bo deter
mined by the good sense of the people,
in the same manner aa questions of like
character ate Settled by Independent
nations. There could be, from the peu
ouliar organization of each Government
no umpire appointed to decide national
controversies of sovereignty. The only
hope of harmony, and guarantee of
permanency, upon which theframers of
tbe Constitution Could tely—Was, that
th'o'CptaVrion interest, which bad cre
ated both Governments for' the hap
piness and prosperity of tho people,
would continue them in the full use
«nd exeroi.'e ot their respective powers.
They did Dot suppose that local or sec-
tieliSl prejudices and interests com
bined with human atnbition, operating
on man’s natural depravity, would pro
duce parties who, in construing consti
tutional power, would seek t» enlarge
or curtail the powers of each govern
ment, merely to insure party triumph.
re party tri
They were, however, mistaken, 'for
there arose almost with tho birth of
'the nation, political parties, whioh be
came more embittered towards each
other, and more dangerous to the safe
ty of the republic, ns the licentious-
neSs of the press increased, with its
age, one party seeking the centraliza
tion of power in the Federal Govern-
•pent, and the other contending for
tho resumption of power by tho States.
This state of political affairs, wo need
only, say culminated in tho attempted
lecasion of a part of tbe U. States, by reg
ularly organized convention of tho
people , from the federal government;
which State action produced n war, the
effects of which will be felt by future
generations. There remarks have been
made for two objects—first, to show tho
relation of tho two governments witl:
eaoh other, to enable us hereafter to
define tho charaoter of the recent war,
and secondly to combat an., idea prom-
iment in the able and learned argu
ment of defendants counsel—that the
Constitution and laws of the United
States wore in full operation 'oVfer the
citizens of tbe beligerent States during
the war, and that those who encaged
m the war, were committing a simple
act of rebellion against their legitimate
government. We consider that the
oitizen of the State, owing, as he does,
partial allegiance to both governments,
•Oannot’commit tbe crime of treason,
when his action is controlled by State
authority. This principal is carried so
far in England as to exonorate tho citi
zen from the orime of treason for sup
porting an usurper against tbe rightful
sovereign. "It is held, -says Mr. Blaok
stone that a King," de facto and not dt
jure, in other words, an usurper that
hath got possession of the throne, is a
King within tbe meaning of
the statute, aa there is a tem
porary allegiatico\ due to him, for
hisadmini'trntion of the Government
mid temporary prot'eotion of the pub
lic; and therefore treasons committed
nod, When the same became actually;
civil war, the minority of the Court
contending that it bad not assumed
thejcharactcr arid dignity of civil war,
until the passage of the act of Congress,
recognising the existence of .the war;
to-wIC: on tho 13th of July 1861, but
the majority of the Court defctdo that it
had become a Civil and Territorial war,
previous to tho passago of eaid Act,
and that tbe citizens of each Section;,
by reason tliefeof, bad become enemies
to each other and were subject to alt
the belligerent rights and liabilities of
nations at war—2. Black’* Rep. S. U:
V, 8. 609. to 674. inclusive. •
Wo also call attention to the Cotton
caso of Mrs. Alexander, who attempted
to show that she was a loyal oitizen qf
the United States, and claimed prd'tec-
tion to the right of property, tandeV the
Constitution and laws thereof. The
Court however, decide that no distinc
tion could be made between the prop
erly of loyal or disloyal citizens; that
all aliko, were subjected by interna
tional law, to the same rule; that resi
dence in an enemy’s Territory fixed th'o
status of the resident and his property;
Ah at by reason of her residence in ene-
3. ‘Th'Al SATd Treasury notes were is-
sued to carry on a rebellion against
tbe Government of the United States,
and tbe Bame having been issued in vio
lation of tbe Consti'ution, law and
publio policy could raise no considera
tion upon which a legal and binding
contract could be created. .
In considering the above objectiohs,
it becomes necessary in elucidation of
tbO thbjtfcty Vo state cohriisely, the ha
t'ure ab'd t'el&Uon of the State and Uni
ted States Governments with eaob oth
er, and to show the peouliar character
of the recent war, out of whioh tbe
Confederate Slates Government had
its origin. The oitizenaof this country
are living under two distinot govern
ments, with clearly defined powers, ex
pressed in written constitutions-. They
ewe allegiance to eaoh, and obedience
to the lairs of Caoh. Mr. Justice Mc
Lean. in the caso of Craig vs. the State
of Missouri, uses this language :
"That distinot sovereignties could ex
ist under one Government emanating
from the saMe people, was a phenom
enon in the political world which the
wisest statesman in Europe could npt
comprehend, and of its praoticibility
many in our oWH fcbutiUy entertained
thh most serious doubts. Th'uS fab tbe
friends of liberty have had greut caust
of triumph in t he success of the prin
ciples upon whioh our Government
rests. But all must admit that the
purity and permanenoy of this Mstem,
depend on its faithfuf. adknlnistmion.
Tho States and the Federal Goyer
menthad their respective orbits with
whioh each must revolve. If either
tbe sphere of the other, the har
mony of the system is destroyed and
its strength is impaired. It will boas
gross usurpation on the part of the
Federal Government to Interfere with
State rights by an exeroiso of power
not delegated, as it would be for a
State to interpose its authority against
a law of tbe Union."-4 Peters Rep
463.
These two distinot Governments not
ing upon tbe same people and exercis
ing power over them, must necessarily
revolve in their respective orbits-as
above expressed, or a conflict would
sooner or later be tho result. When
ever a suit between individuals involv<
questions of govermental power, the
Constitutions of eaoh have established
a tribunul (to nit the judioiary) whioh
from necessity, must settle the same.—
But when it assumes a political olmrac-
ler, and the exercise of power i s claim
ed by one Government and denied by
the other, the organio law is silent as to
the tribunal to deoide the abstraot
question of national sovereignty. The
judioiary being a branoh or tho Gov
ernment. constituting ohly 'a political
part of the entire organization, and the
there oreatdre of each; oould not be en
trusted with a power so great and deli
cate as to decide the extent of tbe pow
er,tof either Governmfint. The framers
of the Federal constitution, having
dearly defined tbe power* to be exer
cised bv ihat Government, and as clear
ly prohibited the exercise of powers by
tbe State Government, whioh might
oonflict with the delegated sovereignty
of the Federal Government, they were
Lancaster had been previously declar
ed usurpers by act of parliament."—
And again, “When therefore an usur
per is in possession the subjeot is ex
cused ana justified in obeying and giv
ing him assistance; otherwise under an
usurpation no man could be safe,
if the lawful Prince hid e right to hang
him for obedience to tbe power in be
ing, as the usurper would certainly do
for disobedience."—2 Chit. Blookstone,
book 4, page 54 (lateral page 77.)
It is evident that it this doctrine be
Correct, arid treason oannot be com
mitted by rendering assistance to An
usurper who has posession of the gov
ernment ngainst tho lawful Prinoe,
most certainly the citizens of a State,
owing not only temporary, but, perma
nent allegiance to the State govern
ment, cannot be amenable to tTie gen
eral government Pot rendering obedi
ence to thn authority cf bis State,
notwithstanding, by so doing be will
violate bis federal allegiance. A con
trary doctrine, in conflict between a
State and general government, would
render the escape of a oitizen from tho
crime of treason impossible; for the
obedience of one would constitute trearnn
against tbe other.
The lato disastrous war then, could
not have been a simple rebellion.
Wbat was its charaoter? It was A war
between distinct sovereignties to settle
a question of governmental power. The
States that engaged in tbe war, conten
ded they bad a sovereign right to re
sume the power Originally granted by
thetqtotho federal, government, that
government dehying the right—a oon
Biot of arms was the result, whioh de
cided the issue against tho States, pla
cing the constitutional government
established by the fedoral Union, upon
a basis of pormaneuoy and perpetuity
whioh it never before possessed. How
ever, sad and unfortunate the war and
its consequences to soo’ety and tbe
country, it has settled a great and ab
sorbing question, to wit: that no Stale
has tho right or will be permitted to
•eoede from the federal Union, And
establish either by itself or in connex
ion with other States, a government, oh
this continent, independent of the
government of the United States.
The recent war, as defined by wri
ters on international law, was a "Civil
War," and not a rebellion.
"Custom, says Vittel, appropriates
tbe term of "Civil War," to every war
between the members of one and the
same political society. If it is between
part of the eitisens on one side, and the
Sovereign with those who continue in
ubedienoe on the other, provided the
malcontent* have any reason for taking
up arms, nothing farther is required to
entitle such disturbance to tho name
of "Civil War." and not that of rebel
lion. Vattel L. Nations 424.
In addition to above distinction be
tween "civil war” nnd rebellion, to
show the character cf the recent war
between the Southern and Northern
Slates, we have only to refer to some
of the recent decisions of the Supreme
Court of the United States, to settle
tbe matter.
- In the prisa eases of schooner Bril-
liante, Crenshaw, Barque Hiawatha,
et.al.ve: U..Sla.tes, tbe Court deoide
tbe reoent w* was a "oivil war.” They
divide upon tho question as to the p»-
i
at by
mj’s Territory, alto became An enemy
of the United States, and her cotton 1
was Bubject to seizure arid confiscation,
as enemy’s property. 2. Wallace’s Rep.'
S. C. U. S. 418 419, and 420. The
Court in this case go still farther, and
show tho utter impotency of the Con
stitution and laws of the United States
to afford her protection, by declaring
“that Mrs. Alexander, being a resident
in the enemy’s Territory, had no right
to be heard in the Courts of tbe United,
States.” Ib. page 421 same doctrine
affirmed in tbe case of tho Cir6attSian.
Ib. page 148.
We deem it unnecessary to multiply
authorities to establish the fact, that
the late war between the North and
South, WtC" in tbe fullest acceptation of
the term a "oit'jl war.”
Wo next proceed to enquire, how the
laws of tho country are eiTeotod by the
existence of "civil war’’ and Yattel
says; "A oivil War breaks tile baddi
of society Arid government, or at least
suspend tlioir loi'co and effect; it pro*
duces in the nation two independent
parties, who consider each othor ns ene
mies, and acknowledge no common
judge. Those two patties therefore,
must necessarily be considered as
thonesforward constituting ut least for
a time two separate bodies, two-distinct
societies.’’ "They stand therefore id
precisely the eamo predicaments as two
nations, who engage in a contest: and
being unable to come to an agreement,
have recourse to arms.” Vattel L. Na
426. And agalnt “When a nation be
comes divided into two parties absolu
tely independent, and no longer
acknowledging a common superior, thd
State is dissolved, and tbe war between
the two parties stands, on the same
f round, in every respect, as a public war
etween two different nations.”—Ib.
page 427. The same doertine is affirm 4
od in the learned works of Wheatort
and Hallook on International law and
laws of war.
Also in the caso of the “SantissimA
Trinidad” The supreme court of the
United.States deoidottint a nation . in
volved itt% "oivil war’ - with themonther
country, Las, as a belligerant hation (in
the language’ of tho court,) "thd
sovereign rights of war’ and can
purchase and own public vessels, which
will bo respected as such by neutral
nations—7Wheat 337 (5 Con. Rep.
284).
What then, was the effect produced
on the Constitution and laws 6f tbe
United States during the existence of
the late “Civil War”; and what power
became vested in tho Confederacy,
formed by the belligerent States? Tne
foregoing doctrines from Vattel and
other citabllsh, that so Boon ns tile Con 4
federaoy wAs created and oivil war rom 4
menced, the Constitution and latvs of
the United States, or “the force and
effect of them” as he expressot it, were
suspended throughout said Confedera
cy. The cotton case, before referred
to, or Mrs. Alexander also settles; tbaf
no protestation to person or property
could be afforded by said Constitution
and laws, even to loyal citizens residing
within said Confederacy,
Wo cannot bold that tbo suspeniiori
of tho Federal Constitution And laws,
left the Confederate States in perect
anarchy, with no lavfr controling con
tracts or rights of^propieHy. But _ Are
conceive, that as the States cnntlbiied
all their poworahd functions of govern
ment which they possessed before the
war, and created a de facto government
with belligerant power, the two com
bined, possessed authority td enforce
and municipal latvs oftho States, regu
lating transactions and contracts be
tween oitizens, were hot effected by
the war, but remained ihtaot, within
the jurisdiction of the Confederate
States;
(To le continued;j:
GHAS. IRWIN & CO;,
HOUSE
SIGN AND ORNAMENTAL
Painters*,
PAPER HANGERS AND' GLAZIERS,
ROME, GA;
Shop over Nowlin A Maupln'e Drug Store,
A LL orders left at tbe store of West A Bro.;
will be promptly attended to.'
REFERENCES:
Dr. J. H. Nowlin, West tc Bro.,
Hon. H. D. Harvoy, J. P. McDowell,
Capt, J. B. Stevens, Ootbrans A Elliott.
maylOtwSm
For tireensport
AND INTERMEDIATE LANDING 8
THE STEAMER
UNDINE)
will leave h'or Wharf
every TUESDAY Morn-
_ _______ log,, aflor tbo arrival oi
the Train, Ibr Qreoniport and Intermediate
Landings.
Capt. F. M. Coulter, commanding.
to^ 1 °H. P i n P ND^Io5.Xt’ ° #
saar27.tf Office kt Lamkin * Co’s Stork: