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The Greor^ia "W'eekly Telegraph and Journal &c ]VLessenger.
Telegraph and Messenger.
MACON, JANUARY 18, 1870.
The Weekly Telegraph *V Messenger.
This mammoth sheet contains fifty-six col
umns, principally devoted to reading matter.
Aa its legal advertising includes the official pub
lications of fifteen or twenty counties, we are
nnablo to nccopt for it mnch advertising of a
miscellaneous character. A few short adver
tisements, however, will be received at ten
oents a text line every publication- The Weekly
hasa circulaliod of nearly fivo thousand—the
largest Georgia circulation ever obtained in this
Btato. Published on Tuesdays and Fridays to
Bait the different weekly mails. $3 00 per an
num.
The legislative I*nrge.
Wo print in this edition Attorney General
Farrow’s interpretation of the Georgia Recon
struction Purge, endorsed by Gen. Terry, and
to be enforced this day (Monday) in the organ
ization of the Legislature in Atlanta. Although
this interpretation is strained and unjustifiable,
we were by no means unprepared for it. The
oath itself was fixed np by the Congressional
ultra Radicals and Gov. Bullock for the espe
cial purpose of giving them supreme control of
the Legislature, and they did not intend to do
their work negligently. They concocted a
8tatuto so Jesuitically and blindly worded as to
be susceptible of almost any construction ne
cessary for their purposes. They put the most
constrainedconstructionupon, and enforce that
construction by the military power of the
United States government. It does not disap
point our anticipations. We have steadily
pointed out to those who havo been counting
noso3 and anticipating Conservative majorities,
that it all depended upon the question of con
struction, and we had no faith in the liberality
or justice of the interpreters. Those only will
o disappointed who havo been deceiving them.
Belvcs into the idea that it was a light matter to
fall again into the hands of the Reconstrnctore,
and on the whole to bo preferred to a violation
of some imaginary law of legislative res. ad
judicate.
But let us fortify ourselves to meet trouble
as it comes. We nre disposed neither to go for
it on the wings of black anticipation, or to do
much crying over past mistakes and misjudg-
ments which have been made the occasion of
bringing it upon U3. The law of compensation
is not entirely abolished yet, and wo devoutly
hope to come better out of this muss than pres
ent indications promise. Let press and people
preserve their composure and bide our time.
The Acquisition, of San Domingo.
The press telegrams apprised us, on Sunday,
that to-day (Monday) the President would send a
treaty to the Senate of the United States for the
quisition of the Republic of San Domingo, on
the island of that name—aboriginal Hayti. A
million and a half dollars is to he paid for the
country—to be devoted to the liquidation of the
debts of tho Republic; which is to bo incorpo
rated into the Amorican Union as a Territory-
fit subject for tho experiments—social, political,
moral reb'gious and most particularly financial
of that gracious school of New England poli
ticians and their followers who now control the
national government and plunder and oppress
the people, as the “God and morality party.”
Looking npon this acquisition as a foregone
conclusion, we may dispense with protests and
remonstrances. Otherwise we might represent
its injustice to a friendly power ! The Empire
of Hayti has not acknowledged the independ
ence of the Dominican Republic, and yet we
propose to buy of rebels territory to which she
claims a valid title, while, at the same time, ihe
Minister Plenipotentiary from Hayti is- one of
tho most favored diplomats at tho Washington
Coart. Aro we not afraid of war? and if not,
how stands tho point of honor andamiiy; and
does it become the grand republic to slight, in
respect to tho Empire, of Hayti, considerations
which are held to bo controlling where greater
Powers are concerned?
Bat waiving all objections as useless*let ns
glance for a moment at the probable conse
quences upon onreelve3 of an acquisition which
may be considered certain to be made.
In some particulars it will bo the most mo
mentous step in public policy ever undertaken
by the American government. It is the initia
tion of a foreign colonial policy, which, in so
corrupt and ill-ordered a government as ours,
can hardly be otherwise than a stream of enor
mous malversation, corruption and abuse.
BIXXOCK AND FARROW OX LEG
ISLATIVE EXCLUSION.
From the Atlanta Intelligencer. ~ ..
Executive Department, [
Atlanta,’ Ga.. January 8, 1870.)
Hon. H. P- Farrow, Attorney General: ■
Sm—Your attention is invited to the follow
ing extract^ from a letter containing an opinion
published in tho Constitution, newspaper of.this
morning, which leads me to invite yonr opinion
as to tho scope of the oath provided for mem
bers of tho provisional Legislature by the last
reconstruction acts: •
“But there nre some offices, the holding of
which does not disqualify. For instance, one
may have held the office of State Librarian, and
afterwards engaged, in some act of hostility to
the United States, but this is not such nn office,
ns in connection with such an act, _will render
the person who holds it ineligible because it is
not an office for the administering of any gene
ral law of tho State, or for tho administration of
justice. In fact, the Librarian is not an officer
for administering any general law. He is an
officer to take charge, of and take care of tho
books, and for nothing else. What law does he
administer?
“And so with regard to theMayors and Alder
men of municipal corporations. They aro not
officers for the administration of any general
law of the State. They are officers for adminis
tering their own local laws, which have no op
eration beyond the limits of their respective
corporations." -c". -
The opinion given by the writer of tho letter
referred to is, that having held the office of
Stato Librarian or Mayor of a city, and after
wards given aid or comfort to the rebellion, or
holding office under a government carrying on
such rebellion, would not disqualify. _ This
opinion, taken in connection with tho editorial
comment, and with tho fact that members aro
affeoted by the precise conditions named by that
writer, renders it important that nn authorita-.
tive opinion should be made public, covering
tho legal construction of .tho oath in the act re
ferred to. Very respectfully,
Rufus B. Bullock.
If
Virginia's Chances foe Admission. — The
World’s Washington special of the Ctb, says that
although there will be a strenuous opposition
by the more violent Radicals to the admission
of Virginia, it is genorally supposed tho neces
sities of the Radical party will lead to the ad
mission of the State. Her vote is absolutely es
sential to the ratification of tho Fifteenth
Amendment, Ohio being given np, and her vote
oonnot bo counted without admission and recog
nition of her present Legislature. It is well
known that the Republicans in Congress look
npon tbo adoption of tho Fifteenth Amendment
as a maltter of vital consequence. Tho President
remains firm by the views he expressed on Vir-
" »r,nnal message. He said to several
nal message,
Richmond Repnblicons who oaueu uu uu •
day, ex-Govemor Wells among the number,
that he favored the immediate admission of tho
State without applying further tests.
Tun Highest Dots of All.—Tho editor of the
Mobile Register closes his “New Year’s” article
with these words. They are as wise as' true, and
shonld writo themselves deep on tbo heart of every
nun who loves his country and does not despair of
its final redemption:
“While we till the earth, drive tho spindle, un
lock the mines of mineral wealth from the sleep of
ages beneath onr soil, expand our commerce, edu
cate onr children for the duties of manhood and pa
triotism, there is still another sacred obligation we
owe to the dead, the living and to posterity, and that
is, to keep onr honor as a people nnsnllied and
.bright before the nations of tho caitli: for itis only
thus that, when tho day of deliverance from bond
age come, wo shall be able to utilize and enjoy tho
sweets of restored liberty. For the rest, love your
country and treasure it in the deepest recess of your
heart. Love it the more that it has no friends else
where-; love it as a widowed mother does her orphan
child.
“ ‘ To thine own self bo true,
And it will follow, as the night the day,
Thou can'st not then ho false to any man.’”
Sprague's Prints.—A secret touching the fall
in printed mnslin’s has jost leaked ont.
Sprague, of Providence, has in his employ a
yonng German named Praff, who not long ago
invented a method by which tho printing of
cotton cloth in tho Providence mills is done at a
saving of from ono to two cents a yard. While
engaged in his experiments he made a discov
ery of still greater importance, whereby tho
bleaching, vnioh now requires forty-eight hours,
may be thoroughly completed in mnch less
than oho honr. These discoveries enable
Spragno to undersell all otbor manufacturers of
calicoes, and give him virtually the control of
the market.
Work for Congress.—Tho Courier-Journal's
Washington special, of Friday, says that an ex-
imation of the business before tho House, shows
that a much larger amount of legislation has
been blocked ont than has been generally sup
posed. In tho House nearly six hundred bills
are pending, and in tho Senate over three hun
dred have been introduced. Of this number
twenty-fivo relates to financial matters, six pro
pose free banking, three relativo to a redistri
bution of the National Bank currency, and only
one provides for an additional issue of National
Bank notes and proposes to fund the publio
debt and provide for resuming specie payments.
An Insulted Legislator.—A saddle-colored swell
head darkey named J. J. Wright,who calls himself a
South Carolina legislator, has sued the Richmond
and Danville Railroad Company for 85,000 damages
sustained by his ejection from a first class can—
Wright claims that ho bonght a first-class ticket, bnt
was debarred tbo exercise of first-class privileges by
order of tho President of tho railroad. Ho was at
the time going to Washington in company with a
South Carolina member of Congress. It is claimed
by the Company that the car from which the plain
tiff was ejectoJ was one set apart exclusively for
ladies, and that no gentleman was allowed to enter
it unless accompanying a lady. Wright was not so
aooompanied, and was theroforo first requested and
then ordered to take his seat in another car.
Not Whipped Yet.—The World’s Washington-
special of Friday, says that Mr. E. Lopez, a son
of the President of Paraguay, has. arrived in
Washington, and is stopping nt the Arlington
Hotel. He is a young man of some twenty years,
and speaks the English language. He.does not
credit the report—neither is it credited by any
other here, well informed of tho recent situa
tion of affairs in Paraguay—that Lopez has fled
to Bolivia, and given up tho contest. _ This re
port is, on tho contrary, regarded by some as
a blind pnt forth by the allies to excase their
retirement from tho country.
Bad for the Ex-Confederates.—The N. Y.
San—which is nothing, if not sensational, how
ever—says that certain ex-Confederate Generals
have sailed for Cairo to take commands in tho
Khedive of Egypt's army in tho war against the
Saltan. Among them are Sibley and Loring.
If ihe Grand Tark catches and bowstrings these
military Oliver Twists, we aro afraid the mourn
ers will not be as numerous as they might have
been under other circumstances.
the pro-consular system in our own territory—
in tho Southern States—was nothing but fraud
and plunder, what will it be when carried be
yond the continent and applied to the islands of
the seas ?
Tho claim that San Domingo, or any other of
the West India Islands, is necessary to the se
curity or welfare of our continental territory,
in any point of view, is simply absurd. No
part of this new acquisition will be much short
of a thousand miles sailing from the Highest
point of onr present territory, and its principal
port will involve a voyage of eleven or twelve,
hundred miles from the nearest American port,
while the coast of Cuba is hardly a hundred
miles distant from our extreme Southern limit.
Of what use, then, for purposes of defence, can
San Domingo be ?
We aro told that some ports in the Caribbean
Islands are needed as naval depots; bnt not so
needed,' certainly, for the protection of the
American coast; and in the event of war, tho
cost of defending foreign Insular possessions of
thi3 character i3 a hundred fold more than any
advantage to bo derived from them is ordinarily
Vforth.
The whole policy of this foreign acquisition
has, in truth, no sounder foundation than a
mere itching for so-called “national grandeur.
San Domingo, lying in the middle of the great
West India group is nn acquisition looking to
all the rest. The Empire of Hayti which em
braces short of two fifths of the island, and di
vided from the Republic for the most part by
an mtaugioie uuam.. v , * 1 „ nBa
matter of courso. Tho “Windward Pass” a
channel only fifty-four miles wide, then sepa
rates our island territory from Eastern Cuba.
Westward lies Jamaica a hundred miles distant.
Eastward is Porto Rico, about seventy-five miles
away, and then follow in quick succession and
long category all tho other islands of tho group.
The Bahamas lie Northwest in the direct track
of shipping from our Atlantic Ports to this new
acquisition, so that tho latter will give, and un
donbtedly is intended to create, occasion and
quasi necessity for a clean sweep of the entire
West India Antilles, and make the most grand
and glorious occasion imaginable for fleets and
armies, coast appropriations, pro-consuls and
tho whole tribe of officials, contractors and spoil
era. In fine, if it docs not open tho seventh
seal of political corruption and rascality in a
government already bloated and dropsical with
frand, wo are very mnch mistaken.
The immediate acquisition—San Domingo—
embraces a little more than three-fifths of “the
island—say about 22,000 square miles, and is
said to contain in the neighborhood of 150,000
people, nine-tenths of whom aro negroes and
mulattoes. Its exports aro in tho neighborhood
of two millions a a year, consisting mainly of
tho indigenous prodnets of tho island—forest
woods, which include mahogany, satin-wood,
lignnm vitas, and sonso of tho dye woods. They
also export hides, tallow, tobacco, sugar, cotton,
indigo, and some other prodnets, to a small ex
tent.
The people aro generally whiter and better
than the Haytiens, who have relapsed into sav
agery : but taking the whole island together, it
has fallen off since it ceased to bo in the pos
session of white men, from twenty-eight mil
lions of exports annually, to about three mil
lions—which illustrates tho economical value of
onr now fellow-citizens and brethren of Hayti.
The country itself, howevor, to anybody who
wants it, is well worth the price named. It is
fertile, picturesque, mountainous, healthy, and
fall of all the elements of wealth, vegetable and
mineral. The coast regions aro sometimes har-
rassed with yellow fever, and tho whole island
is volcanic, and more subject to earthqnakes
than is comfortable; eight of them having oc
curred since the discovery of the island by Col
umbus in 1492, _} ; .... _
These are drawbacks which, after all, may not
hinder colonization and progress. Very likely
“onr Northern brethren” will swarm there and
astonish the niggers for a timo by thoir fidgetty
activity and eager speculation. It will open a
new tbeatro for the reformatory energies of the
North and may be, in time, diminish tho rage
for reconstruction in tho Southern States. It
may create a diversion in onr favor, in this par
ticular. Wo shall see. • Be this as it may—this
day’s work sets ns ont on a new departure as a
government and people, and we think it will
take no long experience to satisfy all good peo
ple that it is not a wise one. P ~
The Negro Exodus from Yiroinm—Three hun
dred and fifty negroes loft Lynchburg on tho Gth
inst. for Alabama and Georgia. They aro all hired
as railroad hands—ono hundred and fitty being for
tbo Air Line Railroad from Atlanta. The Richmond
Dispatch says ono agent in that city has forwarded
to Mississippi and Loaisiana, within tho last three
months, over fivo hundred laborers of different
grades. . ,i:;
In the 'Wyoming Honse of Delegates, recent
ly, a distinguished member, seeking to sustain
a point of order, partially removed his outer
garment, and remarked: “Mr. Speaker, if some
reliable man ■mil hold my coat, I’ll teach the
honorable gentleman that he is ont of order.”
It is needless to remark that the point of order
was sustained.
Storms! Storms!!
Tho Northern papers are much taken np with
details of the late storms which were very fierce
and distinctive—submerging tho railways and
wharves—filling cellara and baeemenls—carry
ing away bridges and dams, and doing much
mischief generally. It has been a New Year to
remember and shudder over.
Alabama Gold Life Insurance Company.—
A circular of this company to policy holders
will be found on our fourth page.
Attorney General’s Office,)
Atlanta, Ga., January 8, 1870. )’
Sm—Your communication of this date, re
quiring my written legal opinion ns to the char
acter of the oaths prescribed for tho members
of the General Assembly by the terms of the law
recently enacted by Congress, entitled “An act
to promote tho reconstruction of the State of
Georgia,” has been received, and I will proceed
without delay to comply with the same,by submit
ting my official opinion. Being a judicial officer,
sworn to support the Constitution and the laws
of tho United States, and being also sworn to
render your Excellency my written legal opinion
whenever called npon for the same, it becomes
necessary for me, in tho discharge of this duty,
to lay aside all other considerations, nnd direct
myself to the ono inqniry, what is the law?
This is an oath to bo administered, under the
laws of the United States, by some one author
ized by tho same to administer oaths to all per
sons elected to tho General Assembly of tho
Stato of Georgia, as appears by the proclama
tion of George G. Meade, tho General Com
manding tho Military District including tho
Stato of Georgia, dated June 25, 18G8, when
they shall have convened in pursuance with the
proclamation of yonr Excellency, bearing dato
December 22. I8G8.
In substance nnd legal effect tbo person who
lakes this oath declares that ho has never held
any office of any kind under tho United States,
or any civil office under any State, the duties
of which civil office were, for tho'administration
of justico, or for the administration of a general
law of tho laud, and thereafter engaged in re
bellion, etc.
If a citizen ever in the course of his life, held
any office of any kind, civil, military or naval,
under the United States Government, he cannot
lawfully take this oath if thoreaf te^gie has done
either of tho things, subsequently specified. Jf
he hold no office of any kind, either State or na
tional, before tho rebellion, ho can legally take
tho oath, no matter what may havo been his
conduct during the rebellion.
An office as defined by Webster, i3 “a parti-
wharce or trust, conferred by public
authority and for a public purpose,” and any
ono who has occupied such a position has “held
an office.”
If the offiee was created under the law3 of tho
United States, itis inclnded, whether it bo civil,
military or naval. Bnt if the office was created
under State authority, tbo oath does not includo
all offices, but only a certain class of offices. If,
however, the duties of the office were, in any
degree, of a general civil character, as if, for
instance, a militia captain had the powers or
duties of executing any general civil law by vir-
tuo of his office, clearly, tho office is an “office”
within tho meaning of tho oath—tho mere
namo of an office cannnot fix the charac
ter, that must bo determined by tho character
of lho powors and duties of the office.
By this oath, the “office” held under any
Slate, must be first an office “created by law,”
that is, authorized or provided for by some law
of a State, and it must be for tho administration
of a general law of a Stato, or for tho ndminis
tration of justice."
These words aro very comprehensive, and in
clude all officers whoso duties are tho execution
of a general law or the administration of jus
tice, but do not apply to officers who adminis
ter local law alone. As, for instance, officers
of local corporations, whose powers are strictly
confined to the administration of the local law.
But if these officers have duties under tho gen
eral laws, as if any of them have ex-officio the
powers of a Justice of the Peace, to bind crim
inals over to Court, or to arrest persons for the
violation of a general law, then they have pow
ers and duties under general laws, and are in
cluded in the terms of this oath. It will bo
observed that it is not required that one shall
have performed any duty or taken any particu
lar oath of office, or that the office ehall have
been of any particular grade or dignity. By its
comprehensive sweep, it includes all civil offi
cers of every character, created by law, and
having duties fixed by other than mere local
law, made for a speciallooality. An office may
be created for local purposes cbiofly, but may
be invested with powors foreign to tbelocal pur
poses for tbo general public good, wbich brings
them in the list.
We have in Georgia many “officers” or
humble character, but nevertheless included
under this law as “officers.”
I submit the following list of officers, which,
in my judgment, under the rules I have men
tioned, aro included, under- the terms of the
oath:
1st. Governor, and such Secretaries of the
Executive Department ns are provided for by
law.
2d. All members of tho Legislature and tho
offioers provided by law of each House.
Sd. Members of State Conventions held under
authority of law and the officers of such Con
ventions.
4th. Secretary of Stato, Comptroller General,
Surveyor Genoral, Treasurer, Librarian, and
Superintendents of the various Asylums and
Public Institutions of tho State, with such other
“officers” therein ns are provided for by law.
Cth. Tho Principal Keeper, Assistant Keeper,
Chaplain, Book-keeper and all other officers of
Penitentiary, provided for.by law.
7th. Judges of Supreme Court, Clerk and Re
porters.
8th. Judges and Solicitor General of Superior
Courts find Clerks of such Courts.
9lh. Judges of tho City Courts and of tho In
ferior Courts, and Clerks of such Courts.
10th. Ordinaries, and CleTks of Court of Or
dinarv. . -
11th. Sheriffs, Deputies, J.'ilors and Coroners,
County Treasurers, Tax Collectors, Tax Receiv
ers nnd Snrveyors.
12th, Magistrates, Notaries Priblic, Constables
and Road Commissioners.
14th. Officers of towns or cities who by virtue
of their offices were authorized to issue warrants
or mako arrests for the violation of any general
law of a State. .
16th. United States officers of every kind,
civil, military or naval; legislative, executive
or judicial, commissioned or non-commissioned.
In other words, any one selected by authority of
law for the "performance of any duty for tho
public under a law of the United States. Thc-re
may lie other officers which havo been over
looked, for in this list shonld be included all
persons, “appointed by public authority to car
ry into effect the provisions of any general law
of a State, whether the sphere of duty of the
officer includes the whole Stato or is confined to
localities.
Under this rnlo I have included “Constables,
Notaries Publio and Road Commissioners,” have
done so because they, each of them, undoubted
ly administered and executed general laws.
A Notary Public protested notes, adminis
tered oaths npon which to issue bail writs, and
issued attachments, and was entitled to fees.
Road Commissioners held courts, gave judg
ments and issned executions, and in many ways
administered general laws. They, as well as
constables, sheriffs, judges and other officers
known to the law, are tne machinery bjr which
the pnblio laws are administered.
Bnt, as contemplated by this oath, it is Dot
enough to render one ineligible to a seat in the ;
Legislature, that ha shall havo held office. To
"be ineligible, he must “afterward” have done
some one of the disqualifying acts referred to
in the latter portion of the oath. These are.
1st. Insurrection or rebellion against the
United States. *
Doubtless, this refers primarily to those who
have borne arms, or engaged, as active parti-
zans, in carrying on war against the United
States, by legislating, by meetings, acting in
State conventions, and other unarmed modes of
conducting and carrying on and famishing the
means of war.
2d. Gave aid and comfort to the enemies of
the United States.
“Aid” is easily understood; assistance, by
means of food, money, credit, advice, informa
tions, etc. “Comfort” is a legal term, and is
defined to mean “support, assistance, encorage-
ment”
3d. Or rendered, except in consequence of
direct physical force, any aid or support to any
insurrection against the United States.
It will bo observed that this clause contains a
qualification that the aid hero referred to, if
rendered in conseqnence of direct physicial
force, is excepted. It will be noticed, too, that
this clausa refers to aid to tho insurrection, or
rebellion, nnd not to comfort and assistanco to
tho individual enemies of the United States.
4th. Nor held any office under, or given any’
support to any government of any kind, organ
ized or acting in hostility to tho United States,
or levying war against the United States.
“Held any office under.” It will bo noticed
that the word is not simply “taking” office un
der. In all of tho States the rebel governments
were, for the most part, “officered” by tho old
officers holding over—“holding” under tho
now organization—accepting the situation—tak
ing part, or acting as officers under tho now gov
ernment organized in hostility to the United
States. Without doubt, such officors “heid of
fice” under tho rebel government and cannot
tako tho oath if they had previously held any
of tho specified offices.
“Giving support to” any government, is also
mentioned, and this is not support to the rebel
lion, not aid and comfort to the enemies of tho
United States, but support to any Government
of any kind organized in hostility to tho United
States.
Webster defines “support,” to mean, “the act
of upholding or sustaining.”
A man supports a civil organization by doing
any act calculated to support or perpetuate it.
The wholo oath is, in my judgment, intended
to exclude from tho Legislature any person who,
having once held any office under the United
States, or any of the specified offices under any
Stato afterwards, except in consequence of di
rect physical force, gave any aid, assistance, en
couragement or help to tho rebellion, or who
participated in any civil government organized
or acting in hostility to the United States by
“holding office” under it, or by giving it any
support or assistance, or in any way upholding
or taking part in it ah one of its public members.
In regard to the published opinion to which
you have referred me, and the special cases
therein cited, I have only this to say:
What is a general law ? I take it that it is a
law in which the whole Stato is interested, as
distinguished from ono which refers only to ono
locality. Any officer who has duties nt tho cap-
itol for tho wholo State administers a general
law, because ho acts for the whole State. To
administer a law is to act as its agent—to en
force it—to perform duties unde: it—to act as
its minister; and any one who is appointed by
public anthority to perform tho duties of an of
fice having reference to the interestsx>i the whole
State, as a body politic, is an officer for the ad
ministration of a general law.
The officers of cities, etc., I have already al
luded to, to-wit: I have said that where the du
ties of those offices are only local, they are not
officers' to administer a general law. Bnt if they
be ex-officio justices of the pence—as, for in
stance, if they havo power to issue’ warrants or
make arrests for the violation of a general law,
then they are “ministers” of it and administer
a genoral law.
Is it a general law, that if one violato tho
general criminal law, a warrant shall issna
against him, ho shall be arrested, an examina
tion bo bad, and ho be bound over to answer his
offense ? If bo, any ono who is authorized by
law, as an “officer,” to tako part in tntrpro
ceedings, i3 an officer for the administration of
a general law.
The only other special case put in the opin
ion, to which yon refer, is that of State Libra
rian.
In my jndgment, he is a specified State ofir
cer. His offico-is created by law; he receives
a salary from tho State Treasury, and his duties
pertain to the interests of tho whole State, and
not to any particular locality. The dutios of
this officer are prescribed by the law. . (Codo
§G7, §1050,§10G2, and other sections,) and tho
law fixing these duties formed a.part of tho
general law. Indeed, thero is no county in tho
State in and concerning which tho Librarian
has not duties. Since tho whole distribution of
the laws is in his charge, and his official duties
bring him in contact, as the agent and “minis
ter” of the law, with various persons in every
county of the State.
I am, very respectfully,
. * H. P. Farrow,
Attorney Genoral,
To Governor R. B. Bullock.
TELEGRAPH.
JFROII WASHINGTON.
Washington, January 10.—Major General Chas.
H. Smith, commanding 19th Infantry, succeeds
Mower in Louisiana.
Gen. Ayres succeeds Smith in command of tho
19th Infantry, at Little Rock.
Gen. Reynolds assumes command of tho 25th In
fantry, vice Mower—still, however, retaining com
mand in Texas.
Revenue to-day, $678,000.
Thero was a baro quorum in tho Houso to-day.
Mr. Blaine's vote, ordering a vote on the main
question, is considered Important. Thebillinques-
tion is Mr. Bingham’s, and admits Virginia without
additional conditions.
Nominations: Thomas Biddle, Consul General to
Havana; Geo. Br Peck, Revenue Collector of the
Second North Carolina District: Holmes H. Em
mons, of Michigan, Jndgo, vica Withey, who de-
clined.
Virginia and the general condition of tho South
was discussed in both houses.
In the Senato, Stewart. Warner, Sawyer and
Fowler advocated Virginia’s admission. Sumner,
Wilson, Howard and Pomeroy suggested obstacles.
Warner wanted to go into Alabama with amnesty in
one hand and a halter in tho other. He would par
don rebels, but hang murderers. Fowler would
substitute tho Biblo for the halter.
Fowler defended Tennessee against alleged slan
ders of her Congressional delegation and Brown-
low.
In tho House the bill admitting Virginia was dis
cussed. Bingham demanded the previous question
Tho demand was sustained. A reconsideration of
tho roto ordering tho main question was moved—
vote7G to7G. Tho speaker voted nay. The main
questior is up, but the morning hour expiring the
mattor went over. *"
Sawyer was confirmed for the Ninth Judicial Cir
cuit.
Tho San Domingo treaty was received by tho Sen
ate and referred to tho Committee on Foreign Re
lations.
[Tho operator was brief, aa above, fearmg length
would defeat tho entire dispatch.]
An error having been found in the voto on order
ing tho main question on Virginia’s admission, tho
Speaker withdrew his vote, and tho vote, “shall
tho main question ho ordered,” stood, yea3 6G, najB
80, and tho bill went over.
A Yonng Doctor Sleeps While Playing
the Bass Viol. Winning u Gnme of
Euchre, nnd Dosing Hi-. PatientH-
Altogether Beuiarhabie Noiauain-
bulism.
Tho following interesting history of a case of
somnambulism, from the Chicago Medical Jour
nal, was furnished by Dr. J. A. Allen, formerly
- -.— assume, “ av -t
what time was it wht-n I was here?” The "
a professor in the medical department of the proved hfbeThe'casT ^
Michigan University. The event narrated oc- i "^
men. He inquired when the lmprovemer i „
meneed and wss answered, “Immediately Sf'
he had taken the powder which was gi ™ tet
the night.” The truth flashed upon hinTat? “
but concealing his emotion he inquired wi.O
careless an air as he could assume ’« ii 88
Michigan University. The event narrated oc- j by the family where he boarded Hehd^
giving the patient some fluid medSnS?
ho ordered discontinued, and then put up ^
CASE OF THE STEAMER ANNA.
Charleston, December 10.—The steamer Anna
which was arreBted on last We'dnesday, by tho U. Si
Marshal at the instance of the Spanish Consul, was
released this morning, a motion to that effect having
been mado by the counsel for tho steamer, with the
concurrence of the U. S. District Attorney, as noth
ing was found to substantiate tho ’charges of the
violation of the neutrality laws. The Annaleavea for
Nassau to-night.
GENERAL NEWS. •
New York, January 9 —Tho Banks aro gaming
eight millions iu their reserves, against an increase
in their liabilities of eleven millions.
Nashville, January 10—Tlio Constitutional Con
vention was organized to-day. John C. Brown, a
Confederate General, was elected Chairman unani
mously.
Atlanta, January 8, 1870.
Brevet Major General A. II. Terry, Command
ing District of Georgia :
Genebal: Permit mo to invite y6nr attention
to the enclosed opinion of the Honorable Attor
ney General, and ask your judgment as to the
correctness of his opinion.
I am induced to seek an official version of the
oath from yourself as Commander of the District
nnder tho Rcconstroction Acts, because of a re
port which reaches mo that persons named in
tho order of Gen. Mcado, who aro disqualified,
arc being pressed to tako the oath.
The charge that this pressure is being brought
to bear for political ends is supported by tho re-
mnrkablo opinion and advice contained in a let
ter published tht3 morning, over tho signature
of the Chairman of the political organization
which has continuously opposed tho reconstruc
tion policy of Congress.
I am, General, very respectfully,
Rufus B. Bullock.
Headq’rs Mh.it.ujy District of Georgia, >
Atlanta, January 8 th, 1870. j
Governor II. B. Bullock—Sm: I have the hon
or to acknowledge the receipt of yonr letter cov
ering the opinion of the Attorney General of tho
Stato npon tho proper construction to bo given
to the oath prescribed by the act of Congress,
approved December 22d, 18G9, for those persons
elected to tho Legislature of Georgia who have
not been relieved from their disabilities, and in
reply to yonr request for my views, upon the
matter, ! have tho honor to stato that in my
judgment that ■■ opinion is a correct exposition of
the law. r ■
I may be permitted to add that I can hardly
think it possible that any -persons who aro not
qualified to sit in the Legislature! will be so un
wise as to attempt to tako tho oath., for asido
from tho consequence which would result to
themselves, such a course of action could hardly
fail to impede and delay that completo and per
fect restoration of tho Stato to its normal rela
tions to tho General Government which all good
citizens desire.
Very, respectfully, your ob’t serv’t
Alfred II. Terry,
• O Brevet Major-General Commanding.
“To What Base Uses,” Etc.—It is stated
that an extract from that mass of filth and false
hood, called “Lady Byron Vindicated,” by Mrs.
Ghoul Stowe, was recently telegraphed over the
cable to a London paper, the Pall Mall Gazette.
It contained 1131 words, and it is fair to pre
sume at least half that many untruths and in-
decenoies. We don’t know whom to sympathize
with most, the cable operators or the readers
of tho paper in question.
Bbing ’Em On.—In a recent speech before
the Woman Suffrage Convention at Concord,
N. H., Mrs. Livermore, of Chicago, said: “I
know women who could whip Horace Greely ont
of his boots, clean.” We second tho motion of
the Courier-Journal that Mother L. should pro
duce the women and let them do it When it is
done, Horace willfindhimself dean for the first
time in his life.-- Av<t> dt-iuiI J > ■
The circulation of tho New York journals is
thus reported for Saturday, December 18 : .Her
ald, 81,000; Times, G2,000; Tribune, 29,000 ;
Nows, 30,000; World, 12,000; Express, 10,500;
Mail, G000; Post, 6000; Commercial Advertiser,
G900; Telegram, 5500 ; Brooklyn Eagle, 0900 ;
Brooklyn Union (morning), 15,000, .(evening),
4400; Brooklyn Times, 7000; New York Star,
47,500.
The emigration of Swedes to this country Is
so great that last year the population of Sweden
actually decreased.
8JS11YBEKLY
Wateh Works.— 1 Tho question of supplying the
city of Macon with water from'some point of the
river above town, by means of a reservoir connected
by pipes or a canal with the river, has long attracted
the attention of some of onr live and enterprising
business men, and has often beon discussed in the
city press. But the enterprise has nover been under
taken, or received oven so much as encouragement
from a majority of our business men and. officials,
on tho score that it wonld cost too mnch, and in
addition to tho heavy increase of taxation it would
imposo npon tho present generation, it would also
burthen for years our posterity. On this point Hon.
Wm. Ezzard, tho new Mayor of Atlanta, thus dis-
on Friday last. He
plyh
is discussing the subject of supplying Atianra mu
water from tho Chattahoochee or Ocmulgoo rivers ••
Tho question arises whether this is not an interest
of sufficient magnitude to justify tho issue of the
bonds of the city, payable at some distant period,
to accomplish it? Some persons are opposed to cre
ating debts to be paid by posterity, but when tho
object is to achieve a great pnblio work, the benefits
of which aro to bo largely enjoyed by posterity, I
can seo no good reason why posterity should not
contribute its quota of tho expenditure, especially
when it is roasonablo to snpposo that from the in-
increaso of population and advanco in tho price of
property, it will bo much. less onerous upon poster
ity, tlian it would ba upon tho citizens at the pres
ent timo.
Wo tako it that this argument of His Honor is un
answerable in so far as it might bo applied to tho
caso of Macon. It would not tako one-tenth of the
money to give Macon a supply of water tha it would
require to furnish Atlanta; yet, wo hesitate, falter,
and refuse to inaugurate a measure fraught with so
much good to our peopio and value to our property,
because, forsooth, posterity might complain of tho
debt it would saddle upon it. When ancestry makes
judicious investment, and incurs honorable and
necessary obligations in tho establishment of enter
prises which aro to bless posterity, we contend that
posterity is unworthy, if it receives and participates
in the advantages of such enterprises without feeling
a willingness to share tho expense incurred in estab
lishing th-->m.
We owg no more to posterity than it owes-to us.
It has no claims upon us more than tliit wo do
not saddle it with a debt in which it has no interest
and derives no benefit. Bnt when such an enter
prise as tho one .under discussion is involved, an
enterprise that will ho aprotcction to tho city in caso
of fire, a convenience to her citizens atallseasons of
tho year, and a continued source of revenue to her
coffers, there can be no qneation as to the propriety
of carrying it out, and our claims upon posterity to
assist in paying for the samo aro as just as if pos
terity had sanctioned the enterprise by ballot.
During tho long drouth of last summer many of
the public wells in the city dried up and citizens
were forced to carry water, in’soma instances, three
or four blocks; and oven when they aro all afford
ing water ono half of thorn furnish an article unfit
to drink. Wo favor, therefore, any enterprise that
will prevent a similar stato of affairs in future, and
if our city fathers will inaugurate and cany it -out
wo guarantee that posterity will rise up and call
them blessed.
Macon and Brunswick Road.—While at the pas
senger shed yesterday morning we noticed a new
locomotive, tender, baggage car, and two very ele
gant passenger cars standing on tha track and about
to start to tho “City of Cedars by the Sea.’’ Regu
lar through passenger trains aro now running daily
over the Macon and Brunswick road and the busi
ness of tho Company in freight and passage is daily
increasing. Tho Southern Express Company started
its first through messenger over the road yesterday,
and"they will hereafter have regular agents on tho
route. In a very short while mail agents will also
he put upon this road, and tho postal system will
bo conducted»npon it as upon other roads of the
Stato. We aro vory glad indeed to-seo the business
of this road opening,up so promisingly, and predict
that tbo day ia not far distaut when ita Btcck will
be worth as mnch almost as that of any road in
Georgia. It is bound to brt-omo tho great line of
travel from this section of tiie State to Florida, as
it shortens the distance one lTundred miles over any
other route to Jacksonville, Florida, and the head
waters of the St. John’s river, At Jesup, where this
road intersects witiftbe Savannah and Gulf road, a
passenger bound for Florida, takes the night passen
ger tram on the Gulf road, which is running elegant
sleeping cars, and the next morning after leaving
Macon ho breakfasts in Jacksonville. Already good
eating houses havo been opened at Foster’s and at
Jesup, at the former of which a passenger on ihe
down train takes dinner and at the latter supper. ^
As to tho officors running on tho Macon and Bruns
wick road, we know them to be careful, polite and
vigilant when in charge of trains, and they will per
mit no accident that proper caution and foresight
might prevent. „ jyV
The Father of Tubnxps.—We havo a globe
turnip from tho garden of Mr. J. A. Virgin, of
Yineville, which weighs twelve pounds. This
is tho biggest of the kind we ever Baw.
Bio Land Sale.—An association called the “Polish
Emigration Land Company” hae jnst purchased
33,000 acres of land in Amherst, Rockbridge and
Bedford counties, Virginia, for $100,000.
The New York Sun says very cleverly of Mrs.
Stowe’s new book: “ It is called 4 Lady Byron
Vindicated,’ but it should rather be nailed 4 A
Failure to Vindicate Mrs. Harriet Beecher
Stowe.’ ”
■ ..■ cv.v.vfcvv'SBSH
and famishes one of the most remarkableeasc-s
on record:
It was my fortune, daring a series of years, to
have under direct observation a case of som
nambulism, in somo respects more remarbabie
than any upon record. The subject was a fam
ily relativo and private medical student of my
ovm.
The first time ho was ever known to walk in
his sleep was in the spring of 1847, and the first
attempt; was an unfortunate one, as he fell into
a stairway unprotected by balusters, injuring
himself considerably, although fracturing no
bones. He had arisen and dressed himself, but
when awakened by his fall was utterly ignorant
of his whereabouts. I saw him a few moments
afterward and found nothing unusual abonthim,
but he remarked that he had not felt quite well
when ho went to bed. For some months subse
quently he would now and then get np, dress him-
solf and go about the house without any appa
rent object, and, usually, after a while return
to hi3 bed voluntarily, awakening in tha morn
ing with not the slightest recollection oven of a
dream.
My young friend was an enthusiast in music,
and a very respectable amateur. About the sum
mer of 1S47, a somewhat dilapidated bass viol,
which was a kind of heirloom in tho family,was
brought into tho honse, and he devoted spare
moments to learning how io play upon it. Un
fortunately, the antiquity of the instrument had
told upon its kgys, and unless they were wetted
at each time of use it would not remain in Inno,
Ho was determine!), however, to • command its
notos, and succeeded. His somnambulic walks,
thereafter, led him from his chamber to the
parlor, and to the bass viol, and the family
would be awaked in'the small hours by the iu
evitable tuning-up prelude, mingled with slip,
ping of the old keys, and quiet objurgations on
his part. Sometimes tho bridge would fall down
when the keys slipped, and sometimes a string
would snap or escape from tho keys; neverthe
less ho would persevere, repair damages, tune
up, end then execute all varieties of music of
which the machine was capablej not unfreqnent
ly accompanying it with his Voice. All this
wonld bo don? in total darkness. "When any
one entered the room with a light, he took not
tho least notice, although when spoken to ho
wonld reply in monosyllables or with considera
ble asperity. His faco was usually flushed,
although somolimes pale—the features immo
bile and passive, the eye open, pupil dilated;
tho surface glazed, and the lids apparently mo
tionless. The extremities warm and the pulse
foil, frequent nnd soft. Very often the skin
wonld be bathed with free perspiration. Re
markably sensitive to titillations when awake,
there seemed a toial absence of reflex move
ments from this cause, while in the somnambu
listic state.
As ho extended his acquaintance with music
and musical instruments, his feats became won
derful. IVhile in attendance upon the Medical
College at Laporte, the household looked for
ward with high anticipations to the hours when
his skillful touch of tho melodeon would wako
them. He had a voice of the purest tone, and
very considerable compass, in fact, of rare
sweetness. I am enabled to say, from a multi
tude of observations, that he played with a
precision and skill while asleep that he could
not approximate while awake. Besides this,
he would execute music which he had heard,
perhaps but once, the evening previous, or af
ter a long interval—no note of which he could
recall in his waking moments. His memory
hero seemed wonderfully exalted. If inter
rupted, he was irritablo in the extreme, but
wonld go on with his music exactly from the
point of interruption.
Whilst attending lectures at Ann<Arbor,where
I was thon lecturing en physiology, I requested
his assistance in enlarging some of the drawings
illustrative of minute anatomy and histology,
for nso in class demonstrations. He entered
into tho work with great zeal, and proved very
^i~T‘—t 1 “ f - ttTOC Ption^. One evening,
previous to the day on wmchl was auaurTo
lectnre on the kidney, I wished tho cuts in
“Carpenter’s Physiology,” illustrating the tubu
lar arrangement, etc., made ready. He had an
engagement for the evening, bnt said he would
try and prepare them in the morning. Dnring
tho night he rose, dressed himself, played a few
tnnes on the guitar, part of tho time singing,
(and, by the way, the guitar was about as dilap
idated aa tbo bsss viol before noticed, and he
had to teciijt one or two of the strings first,) and
then arranged the drawing paper, prepared his
India ink and brushes, took the parallels and
pencils and laid off the spaces, and- worked for
half an honr or more rapidly and perfectly,
nearly completing the figures on pp. 59G and
597 of Carpenter’s Principles, in the edition of
1853. His were taken from a previous edition
not now in my possession. These drawings are
now in the serios used for illustration in Rush
Medical College. Although we had a light in
the room while watching him, he went on
with his work entirely regardless of it. Be
fore completing the work, he went to bed
and slept until the usual hour in the morn
ing. When at the breakfast table he asked if
ho had been up in the night, as he had dreamed
that he had. This was the only time he ever re
membered even dreaming about being np or
occupied in anything. Ho had by this time bo-
como so fnlly aware of his habits, that nothing
of the sort astonished him. Shortly after this
he went to spend the night with a fellow student,
but a little after midnight he roso, dressed him
self and went out, followed by the other gentle
man, walked down to the Exchange Hotel,where
there were a number of his acquaintances nnd
others waiting for a train of cars due at that
time. Somo ono rallied him on his being out so
late, bnt, being cautioned by his companion,they
did not attempt to awake him, bnt watched his
movements. Ol; being invited, he took a glass of
ale, and then said ho would only have time to
,;o home and get his dinner before tbo afternoon
eotnre hour. Ho walked with his friend to onr
door, and was indignant to find it locked. His
room-mate (a cousin) admitted him, aud awa
kened myself and wife. He asked if dinner was
ready, and seemed astonished that it was not;
then said he/would get a drink of water and be
off, “for oldD. (ono of tho faculty) would bo
mad if he was late.” I told him he had plenty
of time, nnd ho need not lie in a hurry. He
th&ri walked into the kitchen, drank a tumbler-
full of water, and looking up to the clock, al-
though it was totally dark, remarked the time
and started for the front door. , I then told him
that I was not feeling well, was pretty blue, aud
wished he would sit down and play euchre with
ns. This seemed to please him, and he took
off his overcoat and said ho would as lief play
until “old D.” was through lecturing, as to go.
His cousin sat down at the table \vi(h us, and
we played “three-handed (cut-throat) euchre.”
Ho dealt tho cards in his turn oorreotly, and
“played according to Hoylo.” In one hand,
spades were trumps, he held the jack of clubs.'
Clubs being led, he first threw down the jack
then quickly picked it up, saying, “I forgot the
left bower.” It is somewhat humiliating to re-
cord*that, notwithstanding our tricks and de
vices, he beat us in the game.
On its conclusion, he got up hastily and in
sisted upon going to the college. We only pre
vented him this time by-throwing water in his
face—the only method by the way, ip which we
could awake him without "great violence. Pun
gent odors, ammonia, camphor, etc., he seemed
to disregard, or merely pushed away the object.
On regaining-consciousness, he always ap
peared lik6 ono stunned or suffering from a
severe shock. The influence upon the pulse or
nervous system was also so severe that we
never awakened him at these times if we could
help it. «
Whenever out of health, as from trifling at
tacks of indigestion', or after watching with the
sick, or fatigue, he woutd be sure to be up and
doing something notable in the somnambulic
state.
Oiie of the most remarkable of hia exploits
occurred several'years after the incident just
given. I think it was in 1860 or 1861. He gave
me the particulars himself, and I have had the
neoesssary concurrent evidence from others.
The circumstances were so extraordinary that
they almost caused him to determine never to
practlep medicine again.
In the rounds of his practioe he had a patient
about whom was he very anxious. It was in the
coldest winter weather, and the residence of th«
patient was about two miles distant. Visiting
him early In the evening, he found him in a
state so unsatisfactory that he Informed the
family that if he did not find him better the
next visit he should change the medicine en
tirely, On rising the next morning, he went to
eral powders, such an ho had concluded
the night previous, combining them as usual fl
administering the fluid ono himself. c -
The alarm of my poor friend at tho posnim
consequences of a similar act in the future
welt be conceived. ““J
THE ATLANTA
From the Cotwtilutiori.']
SENATE.
Tuesday, January n,
Senate was called to order by President Cc 3
Prayer by Wesley Prettyman.
Journal of yesterday’s proceedings read
Senator Higbce suggested the swearic-
the Secretary and his Assistants. 01
., Senator Speer did not seo any necessitvfm
it, until the ben&te was properly orgp.n; 2(:C r 01
Senator Speer moved that the Senate adii-
unlil. to-morrow morning at 10 o’clock
Carried by 17 yeas—14 nays.
Senator F. O. Welch arrived this mm.
from Alaska, and will bo swom in to-morrov
E. D. Graham, Senator from the Thirl n-
trict, is expected to arrive in a day or U 7
qualify. * 50
HOUSE OF REPRESENTATIVES.
Tuesday, January if j$-g
The House met this morning at the hour I
10 o’clock, and was called to order by At |
Harris, Chairman pro tem., who arose and a? I
nouneed that the calling of the roll having W- 1
suspended at tho county of Haralson v 0 -««
progress with the county of Hart 1
Members were then qualified as follows-
Hart—-James Alien, (col.)
Harris and Samuel Wiliams.
Burke—John A. Madden.
Heard—M. Shackleford.
Henry—J. A. Maxwell
Houston—J. W. Mathews, C. C. Duncan t-i 1
H. R. Felder. a ~“ l
Jackson—*—
Jasper—T. M. Allen, (col)
Jefferson—
Johnson— •
Jones—
■ Alex. Stone, (col)
Laurens—George Linder, (col)
Lee—Samuel Lindsay and G. F. Page.
Liberty—W. A. Golden, (coL)
[The blackest satire on the name we
saw.]
Lincoln—Platt Madison. »
Lowndes—J. M. O’Neal.
Lumpkin—W.'P. Price.
Macon—Robert Lumpkin, (B). This vfe
legislator declined to write his name, bnt cc.
descended to make his mark.
Madison
Here tho name of J. B. Moore was caM
Capt Scott stated that Boon was dead, and tli
S. H. Weir, elected under Governor Buliosts
proclamation in Boon’s steffd, was here resii
to qualify. Harris refused to allow him It
qualify until after the organization of ii
House.
Marion-—
McIntosh—T. G. Campbell, Jr., (c).
Merriwether W. D. F.' Hall.
Miller
Mitchell—
Montgomery—J. J. McArthur.
Monroe : G. H. Clowers, (c).
Milton—G. W. Hook.
Morgan—A. J. Williams and Monday Floji
(colored.)
Murray—J. U. Harris.
Muscogee—James. G. Maull and Abrahsr
Smith, (colored.)
Newton—A. H. Lee and J. F. Harden.
Oglethorpe—C. W. Adkins and J. Canning-
ham.
The Houso then adjourned nntil 10 a. si. I
morrow.
—CTt.was announced that a Republican canes
would be held at half-past seven this evenir.-S
at room 58 in the capitol building. This mew f
“training of the animals.”]
tirely, On rising tne next morning, ne went to
the barn to pot his hone to the cutter for »u
early start. He wab a little puzzled at finding
things somewhat misplaced, but nature ly sup
posed some person had beetr in the staHw in
search of a missing article.' On visiting the pa
tient he was gratified to find a marked improve-
Supreme Court or the State of Geo;
gla—December Term, 1S6S.
DAILY PROCEEDINGS.
Tuesday, January 11,18G0.
Argument in case No. 3. Chattahoochee Cir
cuit—Merrit, Dunham & Co., vs. Morgan
John Peabody, Garnishee—Complaint fr<
Muscogee, was resumed and concluded. R. J.
Moses, Jr., for plaintiff in error, and Me;
Peabody and Downing for defendant in erroi
No. 4. Chattahoochee Circuit—Jepsom ts.
Patrick—Appeal from the Court of Ordinary of
Muscogee county—was argued by R. J. Moi
Jr., for plaintiff in error, and by M. H. Bla;
ford for defendant in error.
No. 5, Chattahoochee Circuit—Owen DnS;
and Mary Stanton, proponnders, vs. Wm. Corf
ridan, caveator—Appeal from the Court of Or
dinary of Muscogee county—was argued by E
J. Moses,.Jr., for plaintiff in error, and by Jas
M. Russel), Esq., fordefendant in error.
No. 7, Chattahoochee Circuit—Wells, n
Blount & Mathews et al. Complaint on prom
issary note, from Talbot, on motion, wi
called ont of its order, and upon a suggestion o
a dimunition of tho record, was continued.
No. 9, Chattahoochee Circuit—Kerr vs. Caf
hart & Bro., et al. Equity, from Macon, on mo
tion, was called out of its order, and withdrawn
On motion, and by consent of the Bar, No. <
was exchanged for No. 12. Pending the read
ing of .the record in No. 12, by Mr. Burch, tin
Court adjourned till ten a. m., to-morrow.
[Era talk
A Forthcoming Opinion.—Attorney Genera
Hoar will send a communication to the Unites
States Senate to-day, in obedience to a reso’cf
tion calling for it, his opinion as to whether th|
act of February 22, 1SG7, to establish and proi
tect National cemeteries, is competent to vesj
iu the United States oxelusive jurisdiction ove|
the lands acquired for such purposes.
says:
“There is no power in Congress to acquire c
assert exclusive jurisdiction over any part f
the territory of any State, without the consffa
of tho Legislature of the State, and that in oi
der to acquire exclusive 'jurisdiction over a na|
tional cemetery, tho consent of the Logislatarj
of the State in which tho samo is situated mn
first be obtained. I have no doubt that, as itj
cidental to the power of making war, the i
tional government ha3 the power to bmyt
dead who have fallen in battle, and to appr>
priate for this purpose suoh lands as are nec
sary to hold anoh burial places, and to proted
them from desecration. If tho consent of ttf
Legislature of the State in whioh the burin
place is situated can be obtained, I think -
might be held nnder the terms of the oonstil>-|
tional provision above cited, and an exclusive
jurisdiction over it berthus acquired.”—BaltA
more Gazette, 10th. ,
New Hampshire. —The New Hampshire i
cal State Convention was in session at Goncon
on the 7th, and had a stormy time. Governd
Stearns was renominated, bnt declined in a letj
ter which astounded tho-Convention. A con
mittee was appointed to entreat him to with
draw his refusal, and after laboring with hia
an honr they returned with his gracious accepj
anoe. Charles P. Gage, of Nashua, was non
nated for Railroad Commissioner.
spons
the following: “A good thing is told of a lav
in this city who was engaged in a case before j
Justice. When the opposing counsel alluded r
hia ‘bellicose friend, the counsel on the oth
side,’ the dignity of our friend was touched,
rising majestically, he said: “I have practic
law before the bar of Monroe county for twen
years, and never until now has my personal af
psarance been alluded to by the counsel opp
to me.”
Who Was the Second Washington?—)
Mobile Register is responsible for the follov
telling hit:
Who was the seoond Washington ? The!
cals say it was Edwin Stanton.
It couldn’t have been Stanton, for
Thad. Stevens died they said it was Steven*.^
It couldn’t have been Stevens, for when t
Lincoln died they said it was Lincoln.
It oouldn’t have been Lincoln, for when Jo
Brown died they,said it was Brown.
It couldn't have been Brown-well
;U36 r xannifig the thing into the ; groom*
running it up to the gallows—who was the * ‘
Washington?