Below is the OCR text representation for this newspapers page.

y»*"gagg&aP‘- ■y.?r; , ».T re-~ya&y e wt •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: