Newspaper Page Text
THE GEORGIA WEEKLY TELEGRAPH.
(Df o v flifl 01 rrl. I it ft I etirap
to
Wc are again under obligations
Mo.-srs. Patrick and Haven?, of the New
Depot, for late papers in advance of the
mail.
isr Wo believe that the passage of the
Civil Rights bill over the veto is the first in
stance of the kind in the history of the coun
try.—Eadirille Press it* Timet.
It is the first instance of the kind, saveone,
in the history of the country where the rep
resentatives from eleven States of the Union
worn refused a vote on a veto.
Vandalism.—The Richmond Times, speak
ing of the handsome statue of Ilcnry Clay
the Capitol Squareof that city, says that it
now dirty and mutilated from head to foot.
The thumb and all the fingers of the right
hand have been broken short off; the thumb
of the left hand is gone; a large part of Un
rolling collar, which was originally beautiful
ly delicate, is destroyed, and most of the but
tons are broken.
Tiib County Court Again.—We cheer
fully give place to the article of our intelll
gent friend in Sumter, “A Planter,” which
apparently conflicts with some of the views
advanced by thisjoumal. We say apparently,
for really on the main point at issue we nre
fully agreed. The thing to be sought after
is competency on the County Court Bench, and
of course we have never wished to be under
stood as saying that the people should not
exercise their best judgment in the matter in
view of the character and qualifications of
the candidates before them in the various
counties. We simply meant that a man who
is a lawyer, in name and attainments, is the
best man for the position, and this all must
grant, for the position is a judicial one, and
of great responsibility at that We can very
readily conceive of cases where candidates,
who possess the name* of lawyers, should be
set aside in favor of others who are not law
yers by profession, but who are intelligent,
well-informed, familiar with the social rela
tions of the South, and are honestly
disposed to acquire the legal learning neces
sary for the proper administration of the trust.
Each community must judge for itself on the
question of competency, for they are presumed
to know the men that come before them for
their suffrages.
It is a mistake ; however, to lay too much
Stress on a candidate’s “acquaintance with
the negro character.” As regards all matters
likely to come before the court, the rights and
conduct of the negro, under our present
code of laws, are to be decided by the same
principles that extend to the rights and con
duct of the white man. There is no distinc
tion, and the idiosyncracies of the negro
have little or nothing to do with the case.
THE COUNTY COURT.
Jlessr*. Editor*:—Several editorials and ex
tracts have recently appeared in the “Tele
graph,” advocating the election of Lawyers
only, as Judges of the New County Courts.—
I apprehend you are (unintentionally of
course) doing some good men serious injus
tice—and hope, upon further reflection you
will qualify your position.
In this county for instance, it is admitted
by many of our most intelligent men, and in
deed by tome of the most suitable members
oi the Bar—that the most suitable of the sev
eral candidates for the office is not a Lawyer.
As far as my observation extends, the legal
talent and experience, which you advocate
for the office, do not seek the position,
the office requires such proficiency—which I
do not admit—it cannot command it Lawyers
who are candidates aro almost invariably
young men, with but little experience in their
profession. Hen of success at the Bar will
not abandon a lucrative practice for the
incumbency of a Bench, which by law
incapacitates them from representing in the
higher courts any case once in their own
court£ and this fact is the more apparent,
and the more influential, because it is admit
ted on all sides, that the larger portion of the
litigation of the country will hereafter com
mencc in these County Courts. Hence, it fol
lows, that legal talent, success and character
of ordinary rates will gencmlly aspire to this
office.
I am fully persuaded that the commission
of the State Convention which proponed this
County Court, and the Legislature which es
tablished it, wisely provided that “no dis
qualification shall arise from being Clerk of
the Superior or Inferior Courts, or for hold
ing any other office not involving duties not
compatible with the duties of County Judge.”
It is also worthy of remark, that there are
many counties in the State that have few or
no lawyers, and certainly no such ability and
experience as you insist upon,
There are many and weighty reasons, that
could be uigod, why a man of proper quali
ties of mind and heart, with the advantages
of a practical experience and observation of
the negro character, his condition and best in
tcrest, would subserve the good of tho coun
try and the two races, rather than oven a
good lawyer, without sucli advantages.
It is very evident, that the altered condi
tion of the negro constituted the main ground
of necessity lor organizing this court. Some
more summary plan for tho collection of
debts and enforcing of contracts than existed
previously, was absolutely necessary to give
life and efficiency to the present system of la*
bor. This desideratum is found in tho provL
sions of tho County Court, and the bulk of its
business will spring from the relation of mas
ter and servant.
Is not, therefore, apparent, that a man of
education, discriminating mind and well-bal
anced judgment—who was bom on a planta
tion—rail' d nmong negroes, and who lias
managed them as slaves for years, is by the
knowledge thus acquired of their character,
better qualified to decide on matters between
them and their employers, than a lawyer, who
has probably never owned a negro, and who
certainly has never lived amongst and con
trolled negroes on a plantation ?
It is quite possible for a planter, of good }
sound, plain, common sense and retentive
memory, by study and application very soon,
to store his mind with all the knowledge of
law and rules of court, necessary to qualify
himself for this position. But it is impossi
ble, that any lawyer, however learned and
SOUND VIEWS ON THE DUTY OF THE The Case Stated.—Suppose the war had
SOUTH. | never happened, and that at the meeting of
The Memphis Appeal, in some remark* on I sonic Congncss in December the representa-
the proclamation, gives it readers very good tives oi eleven States of the Union, chosen in
advice. It says that the President in issuing strict conformity to the requirements of the
this proclamation “restores to the Republic Constitution, should be prohibited by tli
its true life—the affection and support of all 1 majority from taking their scats in the Senate
its citizens,” and that “it imposes upon the J and House, would the President have been un
people of the South peculiar responsibilities thorized to regard it as a constitutional Con-
and duties. Chief among these is to demon- gress and communicate with it as such ?
strate, by the dignity and decency of their Again: should he, from the necessity of
deportment, in the midst of their exhiliration I carrying on the Government, recognize such
the occasion is so well calculated to excite, a body for thc time being, would hebedoin;
that the President is not mistaken in the frank his duty to the people of the United States,
and generous confidence he reposes in them, and to himself, did he allow his constitutional
If there ever was a time when the Southern powers to be overruled and neutralized by a
community should make it a special point of| Congress where one House lacked eighty-six
honor to conform with the terms of their and the other twenty-two of the number of
surrender, and to redeem with scrupulous members of which the Constitution says they
exactness the obligations assumed under the shnll l>e composed J
proclamation of amnesty, that time is note." I Such nre the contingencies which the
President is now called on to face. He has
“While, however, the circumstances in I declared the late seceded States as much in
which wc are placed prescribe the propriety the Union as New York or Massachusetts and
of a most scrupulous abstinence, by word or cnt iUed to the same rights under the consti.
deed, from any exhibition of unfriendliness tution—can he. consistently with this declar.
oi tooling toward tlir (mvt rnnunt, or ot sec- execute imv law of (\mgress 'hat bears
tional animosities, these very circumstances on thosc Statcs? ; o long a8 t i iey arc denicd a
warrant the Southern people in taking a hearing and a vote on the same t The Radi-
wider latitude and a bolder tone of expres- e a j g may go on in their madness and pass ns
sion of their good faith in supporting the many Civil Rights bills and kindred measures
President in his policy. It is announced by ,,s they please; it may gratify their spleen
the highest authority known to tho Constitu- against the South, but we venture the predic
tion, that we are no longer conquered pro-1 tion that not one of them will ever bo execu-
vinces, but free States of the American Union, ted by the President. They will lie and rot
whoso citizens arc American freedmen. Here- as so manv dead letters, and as festering me-
toforc, their status was that of dependents I morials of the Infamy and madness of the
upon the will of a conqucrcr, and any prates-1 times,
tations of attachment to the policy or the
uni Austria.
,• Preparations—Con
on the South-Eastern
person of the Chief Magistrate, might well
be considered as tainted by the promptings j
of self-interest Now, however, that the
States have been resusitated and their citi
zens enfranchised, it would be seemly in them
voluntarily to renew their pledges of loyalty
Passage of the Civil Rights Bill by the
Senats.
We copy from the report in the New York
Times:
At about 3 o’clock the Civil Rights Bill
was called up, and Mr. Doolittle, in a forcible
speech of some length, gave his views. Du-
Prussia
The Austrian Milit
centration of Forci
Frontier.
Berlin (Mar. 23) Cor. of the London Times.
As lias been frequently hinted in the course
of this correspondence, it would be errone
oils to assume that the Austrian military pre
porations are necessarily designed against
one enemy, and that a northern enemy alone,
In conformity with what has been previously
stated on the possible multiplicity of her ob
jects. I may to-day affirm that Austrian forces
arc being concentrated, not only in Bohemia,
but also in Galicia, Bukovinn, and on other
points near the South-eastern frontier of the
empire. Much as the Austrian papers en
deavor to conceal the latter fact, you may re
gard it as implicitly correct and deduce your
inferences therefrom.
Tlmt the arguments are being carried on
by the Imperial Cabinet with considerable
zeal, is admitted on all sides. A large por
tion of the reserve has been called out. men
discharged from the line as long ns seven
years ago finding themselves included in the
comprehensive levy. Horses are bought, and
the arsenal authorities busy preparing every
thing for the immediate organization of the
commissariat. The field post is already being
got in order, the artillery equipped, and—
which is not the least interesting particular
in this mass of warlike intelligence—the navy
ordered to rig itself out for active serrico in
the Baltic and Euxine. The Austrian cor
vette Friederieh, so long stationed at Kiel as
a tangible representative of the “condorni-
natc” at that important station, has been re
moved out of the range of Prussian cannon,
and sent to Bremcrhaven. with orders to pro
ceed to Franco in case of need. She was to
leave lor Japan in a few weeks, but will now
remain in European waters until further no
tice. A portiort of the Pesth garrison having
been long on a war footing, has been dis
patched to Bohemia as the country which, if
the flame of war is to be kindled, will proba
bly witness the first outburst; but ns all fur
loughs have been stopped in the army, and
the reserves arc pouring in by this time, there
will soon be no need to transport troops from
the eastern half of the empire to the western,
flTI'l f 7 ^ r Z 1 t/f I /I.-,- mrli — C* —
to the Government of the Union and express I ring the progress of this speech, it was whis-
their honest sympathy with tile good and true percd around that Senator Morgan, who liad
man who has dared so much and risked so I ba en generally counted upon as one of those
, . , ... . . who would sustain the veto, had stated that
much to preserve our free republican institu- he sllould vote for thc biu ’ T hisncws struck
tions. These pledges may be so given as to I consternation among the friends of the veto,
put to shame his revilers, and stop the mouths who had confidently relied upon seventeen
ot thc demagogues who mirepresent us; and I votes, including Mr. Morgans; and such,
wc 6hall be very glad to put upon record such untd was 1116 estimate of all P^ons
° . r , * . . ,| at all advised upon the facts. Mr. Dixon,
spontaneous expressions ol tho patriotism of learning Mr. Morgan’s position, and knowing,
t to people. | til ere tore, that bis vote could m>t save the
veto, determined not to risk his health by
AGRICULTURAL PAPERS. ^ W .
It is one of thc good signs of the times to com,n S °«t of his house. Mr. Wnght was
,, . ° , . . I present. Some two hours were spent, after
see our old agricultural papers springing up Mr Doolittlo concluded, in general discussion
from the ashes of the revolution, and taking I by Senators McDougall. Saulshury and Davis
on at a bound all the beauty and vigor of J —the latter making with emphasis thc fol-
their former manhood. Wc rejoice to see it. lowing announcement: “Pass by yonr Frced-
„ p.e c .u i -j- mens Bureau Bill and Civil Rights Bill, and
The future hopes of the South arc buned m hcnceforth i am the enemy of your Govern-
the bowels of the earth, and they are to be I ment, and will spend the few feeble rem-
dug up before we can emerge from our pre-1 nants of my life in efforts to overthrow it.”—
sent prostration. Any agency that contrib- About half-paat six the Presiding Officer
utes to this consummation is to be hailed f, al, f? 1I for question: “Shall
. , . . the bill pass, the objections of the Protdent
with joy and nurtured with fostering care by to the same notwithstanding!” Here tlie vast
our ]>copie. , . I assembly was bushed in breathless attention.
Among the most important of 6uch in- *pj ie j^it now depended upon the response
strumcntalities arc our agricultural journals, I of Mr. Morgan, and as the Clerk progressed
which the wide range of domestic econo-1 down thc fist and approached the name of
my is reviewed and the light ol science and that Senator, all eyes and cars were bent to-
• ... . , * , ward lnm, and when, m response to the call
experience thrown upon every industrial pur- of his nar ^ ho answcred u£ JC ,” a tremend-
suit We cannot too earnestly commend I ous round of applause, mingled with cxcla-
these journals to public patronage. They are I mations, went up from the galleries. The
cheap vehicles of invaluable intelligence, and I Ctll went on, and directly the President an-
avail himself of so ready a source of impor- arose , some of the Senators joining. Mr.
tant information of the affairs of every-day I Wade and a few Republican members of Con-
. gress then upon the floor, attempted to shake
Georgia and Alabama are both well repre-1 the hand of Senator Morgan, but that gentle-
sented in this field of literary enterprise. Our nian shook his head disapprovingly and de-
old friend “The Southern Cultivator,” I clined torsive their congratulations. Upon
in u- t.u.ti tit-ii * ... „ , ’.the motion of Mr. Trumbull the passage of
in its April *Mt comes to us literally loaded the bi „ was directed to be report l ed t( f thc
down with intellectual treasures, the reading House, and the Senate adjourned. The Prcs-
matter occupying over thirty pages; whilst ident was advised this morning that Mr. Mor-
“ The American Cotton-Planter and Soil S an would vote for the bill, and that, so far
*i.„ i ... j. _*• •. as the Senate is concerned, thc veto would
OF THE SOUTH, in the hands of its old editor not ^ SQSta ; ned . Runior / wbich i3 thous
nna proprietor, Dr. Cloud, is an honor to our I nnd-tongued to-night, ascribes* Senator
sister State of Alabama. I Morgan’s veto to other influences than thosc
For thc information of those who would I of his own sense of duty,
like to subscribe to these works, or cither of Mr - Davis rose and said he would proceed
them, we would state that a S°° d deal likc an October rain, with delibe-
“ The Culticator" is published monthly at ration and very much at his leisure. He pro-
...... r ._ , . ceeded to sneak against the Civil Rights Bill,
Athens, Ga, at *2 per annum, or $1 for six and , n &TO ? of th ° c veto . Toward f he com
months, oO cents for three months, single I elusion of his remarks Mr. Davis said if the
copies 20 cents. I bill now before thc Senate became a law, he
“ The Cotton-Planter ” is published at Mont-1 should feel compelled to regard himself as an
goraery, Ala., twice a month, one copv $3 per I enemy of the Government and to work for its
year, six copies, $15. overthrow. Ho wanted no bureaucracy to
... . I govern this country.
Getting Tired of Them. | Mr. Saulsbury took the floor and said—I
ami cue 1 terta. No less’ indicative of war
than these nnnaiucnts themselves is the fact
of the Austrian papershaving been cautioned
against reporting the movements and disposi
tion of tho troops.
_ Amid all this clearing for action and pro
viding for events, I must not omit directing
your attention to a leader which originally
appeared in the St. Petcrsbourg Vedomosti,
and was copied into the Journal de St. Pc-
tersbourg, the semi-official organ of Prince
Gortschakoff. It fully corroborates my state
ment that Austria, contrary to appearances,
docs not necessarily mean war against Prus
sia, but that, perhaps, she may be looking
forward to a very different event The arti
clc says:
“The Russian people have no reason to wish
for war. They have too much work at home
to mix themselves up in foreign complica
tions ; their domestic reforms require time
and care to be developed. But this does not
mean that Russia wifi allow foreign Powers
to decide, arbitrarily and single-handed,
questions ot vital importance, that Russia
will allow Austria to occupy the Danubian
Principalities and to aggrandize herself at the
cost of Turkey, without thc co-operation and
assent of Russia. Were such a thing to take
place, were the rumors which have foreshad
owed 1t for some time past to be borne out
by facts, Russia could not but resist their re
alization. The Russian Government, nay, thc
Russian people, as a whole, would look upon
such an event as a eatu* belli."
The English note alleged to have been sent
(o this capital In the Interest of peace is a re
ality, notwithstanding that its existence lias
been denied by inspired papers.
Honors to the Memory of the Confederate
Dead.
Since the day of (he consecration of the
Laurel Grove Cemetery, when an immei se
throng ot our citizens, many of whom now
rest within its hallowed precincts, gathered
there to participate in the solemn and impo
sing ceremonials of the occasion, we have not
witnessed a more touching and interesting
scene than was presented yesterday within
those grounds. In pursuance of previous ar
rangement the ladies of the city had gathered
there to pay a tribute of honor and affection,
these Treasury agents to make captures them
selves. Their authority is limited to receiv
ing property already captured by others.—
There is nothing to show that Congress in
tended by this legislation to ( rente a “corp
of captors.”
Thc design ofCongress to provide for such
measures only so long as the war should last
is interred from a provision that persons seek
ing refief from mistake or injustice committed
l*y these Treasury agents should apply v. ithin
two years “after the suppression of the rebel
lion” to a Court ot Claims. The onlv reason
Gen. Wheeleb.-
not only to their own lamented dead, hut to able construction of this is that each person
the hundreds of unknown Confederate dead was to be allowed two years within which to
whose remains are gathered there from the present his claim, and ns no claim could arise
battlefields and hospitals of thc war. Five after “thc suppression of tho rebellion” this
hundred and sixty graves, occupying two was fixed as a starting point for the limita-
large lots in the central portion of the grounds, tion thus set. But should this be held not to
most of them without headboards, had been have been the intention cf Congress, and
mended up and the walks between neatly should the interpretation that Congress de-
clcared of thc grass and rubbish, and upon signed the continuance of this practice in
every freshly spaded mound had been placed time of peace l>c sustained by judicial ?.u-
garlands of flowers and wreathes of laurel, thority. then Mr. O’Conor maintains that
tho whole presenting the nppearance of a gay such proceedings are “not only inconsistent
parterre. A very large number of ladies and with all sound principle but absolutely un-
gentlcmen, young and old, were present, and constitutional and therc f orc void.”
while many family groups gathered around It will be conceded, be assumes, by all that
thc graves of their hero dead, adorning their thc Constitution is in full force in time of
tombs with fresh wreathes and garlands, oth- peace nt least. Its guarantees of fife, liberty
ers were employed in decorating thc graves and property must then revive with there
of thc unknown Confederate dead. Not one turn of peace. It follows then that no one
soldier’s grave was neglected. TlnFsame fair can be deprived of his property now that the
hands that had so often ministered to their war is at an end “ without due process of
wants and smoothed their beds of anguish in law.” The remedy afforded by the act to
their last moments, now wove garlands and I persons whose property is unjustly taken bv
chaplets, of aflcction, gratitude and honor those Treasury agents falls far short of the
over their lonely, nameless graves. Constitutional guarantee. The party injured
The observances of thc occasion do honor upon presenting his claim must prove owner-
to the hearts of the ladies of Savannah.— I ship, then his own innocence by affirmative
Their labor of love and gratitude yesterday, proofi to be passed upon without a jury, and
so feelingly, so tastefully performed, was a if successful in convincing the Judges of the
fitting tribute to the memory of thc gallant Court of Claims he can only expect to receive
men who gave their fives in defense of what “the proceeds of a forced sale made by oth-
tliey felt to be their country’s cause.—Satan, ers in such manner as they thought fit,” and
Herald, 7th. in a market chosen by themselves “ after dc-
. — „ ducting therefrom the expenses attendant
The A lair on General Forrest s Farm. I upon the seizure and sale of his property by
An ex-Federal officer, who was present, wrong-doers,
gives thefoilowing particulars to the Memphis I It matters not on this point what opinions
: may be held as to the legal status of thc State
Sunflower Landing, Miss., ) of Georgia, or whether her people are con-
March 31st, 1860. ( sidered as citizens or aliens. “The Constitu-
Mcstrs. Editor*: Allow me to give you an tion ” says Mr. O’Conor, “contains no license
account oi a serious and most unfortunate af- to plunder strangers in time of peace.”
fair, which transpired here this afternoon: Mr. O’Conor then proceeds to show-that
Gen. Forrest had just returned, anil noticing the proceedings taken with respect to the cot-
from the paper that the cholera was reported ton in question cannot be justified under the
in Mobile, went out to the quarters and set non-intercourse and confiscation acts. Both
the freedmen (who had been allowed to quit of these acts provide for judicial proceedings
work at noon) at work cutting drains about j foi* the condemnation of property, particu-
the houses and cleaning up the premises in- larly described in each. He proves beyond
habited by them. A ffeedman by thc name question, that upon well-established princi-
of Tom Edwards passed along, and was told pies of law only such property can be con-
l>y the General to fix up about lib quarters, demned under the non-intercourse law, asw
I lie Montgomery u,
recommends the appointment of Gen. VI -
er as Superintendent and Engineer of'rtT
Montgomery and Eufaula Railroad. t ] le * ^
tion being now vacant. It s.i
Posi-
Cenera]
Wheeler is a young man of great incl U5tr J
Indefatigable determination, m„ - •’
determination
tion. and high scientific attainments.
quicg percep.
Ho j
deservedly popular from one extremity of
Alabama to the other, for his industry
ness and gallantry. His first command tvaV
regiment of Alabama infantry; his chief ca
airy force was that of Alabama, and l,e "
recently married an Alabama lady. The la ;
time we saw him after his release from
Delaware, he spoke with enthusiasm of hj 3
Alabama troops, and especially of the Fir*
Cavalry, so many of whom were from this
city. Besides the pleasure which the me^
bers of the old Alabama cavalry would c.vp t
ricnce in having Gen. Wheeler in our mil].-
the Montgomery and Eufaula Railroad would
be materially benefitted by his energy, intellj.
gence and popularity.”
Radical Testimony.—The Boston Pan
says:
Two gentlemen belonging to Maine—on*,
of them served in the loyal army during the
war, and has traveled thousands' of miles in
the South within a year—left home a radical
abolitionist, lie told us,—the other an intelli.
gent citizen who has recently visited VirHna
and North Carolinia—called upon us 1^>
week to express their surprise and gratifies,
tion at the state of public teeling existing g
the late Confederate States. They affirm that
they were treated with perfect courtesy wher
ever they went; found the principal peopk
they met—late officers and soldiers in the
Confederate army, and citizens—anxious for
a perfect restoration of the Union and to
sustain the laws and Constitution of the
country.
Tke Freedmen’* Bureau In Georgia.
The following order, recently promulgated
by Gen. Tillson from his headquarters at Au
gusta, will be welcome news to the citizens
of this State:
Bureau R, F. & A. Lands,
Office Act. Ass. Com. State of Ga.
Augusta, Ga., April C, ’CO.
Circular No. 4.
1. Thc Legislature of tlib State having en
acted laws giving persons of color “the right
to make and enforce contracts, to sue, be sued,
to he parties and give evidence, to inherent,
to purchase, lease, sell, hold and convey real
and personal property, and to have full and
cqna.1 benefit of all laws and proceedings for
the security of person and estate ;” and
declared that “they shall not be subjected to
any ether or different punishment, pain or
penaty for the commission of any act or of
fense, than such as arc prescribed for white
persens committing like acts or offenses”—as
appeirs by the act entitled “An Act to de
fine the term ‘persons of color,’ and to declare
the rights of such persons; approved March
17th, 1806—officers of the Bureau in this
State will not hereafter exercise the judicial
functions conferred upon them by Far. 7 of
Circular No. 5, Series of 1805, from War De
partment Bureau R, F. and A. L.
2. The Civil Agents of thc Bureau, ap
pointed in compliance with a resolution of
General Howard, the philanthropic Chief rise to say, sir, that in my judgment the pass-
of the Frecdmen’s Bureau, has addressed to a r e of bil , , I is - nn ‘"‘^“ration of revolu-
the Freed-pcople in the District of Oolnra- pteAould'teS’wM^ and set Sb 1 h^ I Co ? v e , » tio n. PM*** October
bia a circular, to notify them that tho Bureau {„ orderi f or j t is impossible that the people 3 . 0tb > ^ 05 > w, . n ^ perform the du-
will issue no more rations nftertlie 10tli of I will patiently submit to it. Heaven knows I ^?. erci , s< ' au lhDnty conferred upon
April; ami that thc soup houses will be closed, that wc have had enough of bloodshed enough ^^M^^lSi^xaedin/tiSJ’im^
nnrl Ria riUtrShntSon i „„,i oioti.ir,,. mournln g in every household. There are v. 1w ’ Du taucn.es exceeding tiicirjuns-
and the distribution of wood and clothing L o n n b e , v .madc graves for anv one to BnleS3 otherwise specially directed
be discontinued from and after that time. wish to see more Attempt to execute this tl,e Department Commander, will be
That the object of this notification may not be ] aw within any State of this Union, and in turne i over . t0 . tbc civil authorities of the
misconceived by the unfortunates to whom li c I my judgment this country will again I State For adjudication.
He made no reply, but passed into bis room, “taken or seized in delicto and during the
and, with his knife in his hand, commenced continuance of the prohibition against inter-
cursing and abusing his wife. Thc General course,” and that this property not onlv can
followed him and told him he must not abuse not be shown ever to have been in a condi-
and whip his wife; that he would not allow tion to render it liable to seizure under the
it Tom replied lie would whip his wife when non-intercourse act, but even if it once had
lie pleased. been, canuot be held liable to seizure after
l'lic General said : “If you don't stop and the cessation of hostilities. From the lun-
shut up I’ll frail you with this broom; giv- guage of the Confiscation Act of 1802. he
ing him, at the same time, a light stroke on shows that the right of seizure given bv it
the shoulder with it, when Toni replied by I ceased with thc return of peace, as it was "ex-
striking at thc General with his knife, j pressly declared to be a war measure. It
cutting him on one of his fingers. Thc Gen- reads as follows: “That to ensure the speedy
eral then grasped nn axe standing by and termination of the present rebellion, it shall
struck Tom a blow on the head which in-1 be the duty of the President to cause the sei
stantly killed him. . zure of all the estate, &c., of persons herein-
I arrived at tile scene about six o clock, and I after named, and to apply and use the same
found about a hundred of the freedmen and the proceeds thereof for the support of
greatly excited, and disposed to mob vio- j the army.” Could the intention of the act be
l ence - I more explicitly declared i
Afterward the General came out and made He next anticipates a possible assumption
them a speech, deploring thc affair and stat- that this property is held “under some head
ing the particulars, and promising to await a of capture as prize of war,” and disposes of
legal examination. While some of the nc- the assumption substantially as follows: The
groes exhibited the audacity that not two in belligerent rights of the Government of the
a thousand white men would show, the oth- United States must be assumed to have been
ers were controlled by the efforts of some of such as would have belonged to it as a bellig-
the most intelligent and better of the freed- erent making war upon a foreign power.—
men, and they finally dispersed to await the “Modern public law does not authorize a bel-
future. i hese are the facts, os I saw and I ligerent to capture as prize of war property
heard them belonging to private individuals, unless it be
COTTON SEIZURES IN THE SOUTH, found afloat at the time of capture.” And
I this law is applicable to the late struggle, ex-
ABLE OPINION OF CHARLES O’CONOR, ce P 4 iaso f:lr as it may have been modified by
ESQ. Congress. The only legislative provision
having this for its object is the first section of
[From tho N T . Y. Metropolitan Record.] fhe act “to confiscate property used for in-
We have with greaJ interest and instruc- surrectionary purposes,” passed in 1861, and
tion nn elaborate and exhaustive opinion re- it provides that such property “is hereby de
cently given by Mr. Charles O'Conor, in clarcd to be the lawful subject of prize’ and
which ho shows conclusively thc illegality of capture wherever found.” Unless this prop-
seizures by Treasury agents of cotton at the erty has been “used for insurrectionary pur-
Soutli. Like everything emanating from that poses,” it never was a legitimate subject of
distinguished lawyer, whose position at the capture according to the principles of “mod-
head of the New York Bar is undisputed, thc em public law.” And if it had been subject
argument embraced in this opinion is at the to capture at any time that liability ceased
same time clear and powerful. We do not j with the return of peace. “The right ot cap
remember to have read anything more com- turc results from and is exclusively incident
plete and satisfactory than the establishment | to a state of war. It does not exist for an
jy Mr. O’Conor of the numerous points upon instant after the war has terminated.”
which his conclusions rest. | This last consideration is conclusive as to
One noticeable feature of Mr. O’Conor’s the liability of what is called “blockade cot-
addresses it, thc Gen. tells them that they who I plunged into all the horrors of civil war. In
can, ought, for their own advantage and that | 9 wn an humble State in point of
of thosc ivho remain, to quit the Distrect at
once; and he rather piteously begs “the
preachers of thc colored churches, and all otli
ers interested in the well-being of the freed
people” to aid him in inducing them to leave.
Wc hail thc publication of tbis circular,
says tbc Charleston News, os a sign that thc
General is beginning to comprehend the mis
chievous character of the Frcedmen’s Bureau,
and to perceive thc unfortunate influence
which it exerts over the negroes; for it is a
lrank confession that, even under his own
eyes, the Bureau hurries the negroes into
abandoning thosc habits of industry and vir
tue which were theirs in slavciy, and into
that barbarism from which slavery rescued
tlu-m, and which has always been their con
dition in freedom.
Honors to TnE Confederate Dead.—It
will be seen, from thc article copied from the
Savannah News & Herald, that thc ladies
of that city, have already set the example of
paying annual honors to our heroic Southern
dead. Wc would again bring the subject to
tho attention of our fair country women gen
erally, and suggest that it would probably he
best to act upon thc recommendation of the
ladies of Columbus and have a fixed day on
which these sacred observances should take
place annually throughout the South. They
have named the 2Gth day of April, and we
propose that it be universally adopted. We
hope the ladies of Macon will give their at
tention to the subject We have the remains
of several hundred Confederate dead reposing
in Rose Hill, which should bo cared for on
that day—thc mounds built up, the head
boards all renewed, and that portion of tho
cemetery ornamented as female taste alone
David Tillson,
Brig. Gen. Vola., and A. A. Com’r.
proved:
' J. M. Brannon,
Brevet Maj. Gen. U. S. V.
Com’dg Dep’tofGn.
can do it. Thc expense will no doubt be
, , , "T"" “““ | gladly borne bv the gcutlemcn of the city,
brilliant in the law, can learn and properly j °, ,
appreciate the negro character, unless lie be-, Reception btGeneral Grant.—A Wash
ermen intimately associated with that race in ington spccinl stntes that Lieutenant General
the relation of master and servant. This can- Grant gave a splendid reception at his resi-
uot now be accomplished by a lawyer, whilst dcnce in Washington Friday evening, which
reception was attended by President Johnsor.,
u planter, having this, (to my mind absolute by
necessary qualification), can much more read-
lv learn the law, 4 than a lawyer can learn thc
negro. A Planter.
Americus, Ga., April 9,1866.
Tli ad. Stevens, the French Minister, Madame
Juarez, Minister Romero, Alexander II. Steph
ens. and many members of Congress, and In
dies of the capital.
numbers, but a State of gallnnt sons, yourlaw
will never be observed by the Judiciary of
that State, most of them of the Republican
Party. There is not, I say, a Republican
v ' r " rv, r I”"* a -Rl'K'e dead t<> tli" I J{rso ntions Relative to the Trial of Jell',
teachings of the great luminaries of the law as Davis and Others,
to attempt to enforce such a flagrantly uncon- Mr. Wilson of Iowa, asked leave to offer
stitutional law or act as this. I shall not the following in the House on tho 5th.
again enter upon the constitutionality or un- Whereas, The President of the United
constitutionality of the act. But, sir, if it be I States did on the third day of May, 1865, by
not grossly, palpably, flagrantly unconstitu-1 Proclamation declare and make known that
tional, then five nml twenty years of 6omedili-1 it did then appear from evidence in thc bu
gent study of the law have availed me noth-1 reau of military justice that the atrocious
ing. In conclusion, Mr. Saulsbury predicted murder of thc late President Abraham Lin
that the passage of this bill would lead to |c"ln. and the attempted as-assimition ot Hon
bloodshed, war and disnnion. William IL Seward, Secretary of State, was
Mr. Yatcssimply wishc<ltosay,letthoUnion incited,concerted and procured by and bc-
peoplc of this country and their Senators and tween Jefferson Davis, late of Richmond, Va.,
Representatives march forward in performance J and Jacob Thompson, Clement C. Olay, Bev-
of their duty, and let them do it now and I crly Tucker, George N. Sanders, William C.
hereafter. Cleary, and other rebels and traitors to the
Mr. McDougall spoke of this bill as revo- Government of tlie United States; and where-
lutionary and unconstitutional—one of a sc-1 <<*, Said Jefferson Davis, in said month of
ries of revolutionary measures now before I May, was arrested by the military forces of
Congress. ' I tho United States, and has been since held in
tub vote on tiie veto. I tho custody thereof, under the authority of
The vote was then taken on the question— the President of the United States; therefore
“Shall the bill pass, the President’s objections I be it
notwithstanding J” And the result was a> Retolted, That the committee on the Judi-
follows: I ciary be instructed to inquire whether there
Yeas on the Veto.—Anthony, Brown, Chand- is probable cause to believe that any of thc
ler, Clark, Conners, Cnurln, Crc6well,_Eilmuuds, | persons named In said proclamation alleged
Fessenden. Foster, Grimes, Harris, Heudersonj
Howard, Howe, Kirkwood, I-ane, (Ind.,) Morgan,
Morrill, Hye, Poland, Pomeroy, Ramsay, Sherman,
Sprague, Stewart, Summer, Trumbull, Wade,
Willey, Williams, Wilson, Yates. All Unionists.
Nat? on the Veto.—Buckalew, Cowan, Davis,
Doolittle, Guthrie, Hcndrieks, Johnson, Lane
(Kansas,) McDougall, Nesmith, Norton, Riddle,
and if so whether any legislation is necessary
in order to bring such persons to a speedy
and impartial trial, and said Committee have
power to send for persons and papers. And
be it further.
Petolted, That said Committee be in like
Salisbury, Van Winkle, Wright. Five Unionists manner empowered to inquire whether there
and ten Democrats. is probable cause to believe that said persons
Not Voting.—Dixon, of Connecticut. . I or any of them nre guilty of treason agains
In thc yens, Mr. Edmunds appears in place of I *»,, „„„ i° • T
SenatorFoot, <!ccta>id. Stockton’sseat isvacant. I J. le • -tates, anil whether any legisla
tion is necessary in order to bring such per-
Tiie Price of Paper.-Ris reported that t° a s P eed * nn , d i,1 . 1 P art!aI tr j al > iu , tbe
n.rr\M> a- -n™, w„ „ ,..i,„i„ I District where such crime may have been
committed.
Messrs. Harper & Bros, have ordered a whole
ship load of white paper from Belgium. Tick-1 -, r , , . . , . .. ,
nor * Fields, Boston, have ordered 5,000 I- Mr -_ Aa ? ona objected to the resolutions be
reams in London. It has been estimated that
at present.prices.good bonk aud newspaper I In the cafes and and other houses of
can be delivered in New \ork, all duties and | entertainment in Paris there are twenty-seven
expenses paid, at three-quarters the price of thousand seven hundred and eleven public
American paper of the same grade. Anothe: billiard tables, some single houses hating as
effort makes the difference in favor of “foreign many as thirtv tables. The estimated annual
paper at ten percent, instead of twenty-five receipts from’these is £4,040,000.
per cent.” It is certainly demonstrated that ■ • •
paper can be imported at cheaper rates than E5F”The arrival of emigrants from Europe
our paper makers are demanding. Mr. Ben- for the past three months, in the port of New
nett, of the New York Ilcrald, told us that I York, shows an increase of 17,71.7 over the
lie was importing good newspaper at fifteen [number for the corresponding period of last
cents per pound, whereas, tho American pa-1 year. In 1865 thc number who arrived In
per makers were charging twenty cents forjNew York (Juring the first quarter wu» lo,05C;
the same quality.—PnWther'* Circular. wune period this yeur 31,673.
opinion is that lie lias carefully avoided
sanctioning the terms “treason,” “rebellion,”
“insurrection,” and thc other cant phrases of
thc day. Whenever he introduces them it is
in thc form of quotations, and as he expressly
declares, for convenience only.
As the matter is one of much practical im
portance to all of our readers, we will attempt
to indicate in general terms the points argued
in this masterly opinion, the great length of
which alone prevents us from laying it before
our readers.
■ In January last (1866), Battersby & Co.,
merchants in Savannah, Georgia, held one
hundred and thirty-six bales of cotton on ac
count of Dennistoun & Co., of New York.—
This cotton was seized by certain agents of
the Treasury Department and brought to New
York, where these agents were about to sell
it with the declared intention of paying the
proceeds into tho Treasury of the United
States, after deducting certain compensation
for themselves and certain expenses incurred.
Under these circumstances the owners of this
cotton applied to Mr. O’Conor for instruction
as to their rights and remedy. The opinion
which wo have before us was given under
these circumstances.
By the act of Congress approved March
12tli, 1863, the Secretary ot the Treasury is
authorized to appoint special agents “to re
ceive and collect all abandoned or captured
property” in the so-called “insurgent” States.
By subsequent legislation the phrase “aban
doned property” is defined as applying to
property “when the lawful owner thereof
shall be voluntarily absent therefrom and en
gaged either in arms or otherwise in aiding
or encouraging rebellion - ” Mr. O’Conor holds
that these acts of Congress were war measures,
and that thc occasion for their operation hav
ing ceased they can no longer be enforced.“The
return of Dcace has taken away the license of
war.” That they were intended to be tem
porary in their operation he infers from their
peculiar adaptation to a state of war and in
compatibility with a condition of peace. He
points out very grave mischiefs which were
reasonably to have been expected from a re
sort to such measures, and which have been
actually experienced, and argues therefrom
that it would no: be proper to adopt an in
terpretation which would involve in inten
tion on thc part of Congress in time of peace
to sanction proceedings like thosc “so fraught
with oppression, so utterly inconsistent with
public honor and so subversive of private in
tegrity.” He shows that in dealing with a
foreign tribe or nation subjugated in war
such proceedings as these would be “repug
nant to the notions of humanity, justice, and
governmental duty” which have been long
practiced by those from whom wc have in
herited our political rights and principles.
This construction is suggested by the use
of the words “captured” aud “abandoned”
property, and especially by the definition
given by Congress to tho word “abandoned.’’
die owner could only bo “engaged In aiding
or encouraging the rebellion” so long as hos
tilities existed, and consequently it was only
during hostilities that absence from the prop
erty could, under the legislation of Congress,
ton” to seizure, now that the war is over.—
And so-called “capture,” after thc restoration
of peace, was too late, and consequently gave
no rights to tho Government and divested the
owners of none.
Mr. O'Conor lastly discusses thc question of
peace, and shows the absurdity of thc pre
tension that war still technically exists, be
cause its termiuation has not been formally
recognized by Congress. Civil war is a fact
which does not depend for existence upon
formal declarations. The Supreme Court
has said that it exists “when the regular course
of justice is interrupted by revolts or in
surrection, so that courts of justice cannot lie
kept open.” It is an actual ns contra dis
tinguished from a constructive condition,
and its existence (and consequently its non
existence) is determinable by thc Courts upon
the actual facts. Congress cannot, in the
firet place, by its declaration create a con
dition of civil war, neither can Congress by
its silence continue a constructive state of
civil war after it has ceased to exist ns nn
actual fact. That civil war “rebellion and
insurrection” do not now prevail in the
country, is an undoubted truth, which has
been authoritatively ann nmced to Congress
They generlly admitted thc great error cf
the rebellion, and, considering their suffer,
ings a sufficient retribution for their revolt
thought forgiveness and forgetfalness of tie
past was the readiest wav to thc establish-
inent of domestic peace and harmony, and the
best security for the future. Thc outhoritj
of the General Government is acknowledged
and enforced throughout every State, and the
citizens of tbe South nre us zealous in sc*
taining it as any portion of the country.-
Tliey promptly answer all requirements in
the payment of taxes and in the.performance
of all duties exacted, and while they faithful-
1 ly discharge all the obligations of citizens,
they think they should be allowed all the]
priviliges of citizens.
A Warning-.
“The President is environed with pitfallsdug
by men who, in the disappointment of then
mad ambition, would nt the same time dig
thegrave of our political system. IVe belien
that the period is critical, beyond precedent I
If thc Radicals carry Connecticut next week,
we may look for a development which will
arouse the country.”
’■?fTlie above wc extract from the Jouratl
of Commerce of date during last week. We
adopt the language as exactly fit. We wan j
thc people that at a very early day the country
will le startled with a sudden advance step t* I
the progress of the revolutionary scheme, unita [
the traitors le in the meantime discouraged I; I
popular demonstrations of constitutional loyal I
ty-
We find thc above just as copied in the Na
tional Intelligence. What it means, we shsli !
probably find out soon.
The Wife.—It needs no guilt to break i
husband’s heart: the absence of content, the
muttcrings of spleen, thc untidy dress, cheer
less home, forbidding scowl without a crime!
among them, have harrowed to the quick the
heart’s core of many a man, and planted
there, beyond the reach of cure, thc germ of I
dark despair. Oh! may woman, before the [
night arrives, dwell on the recollections of her
youth, and cherish tbe dear idea of that tune
ful time, awaken and keep alive the promise
she so kindly gave. And though she maybel
the injured one; the forgotten, not the for-f
getting wife, a happy allusion to the hourofl
peaceful love, a kindly welcome to a comfort-1
able home, a smile of love to banish hottl |
words, a kiss of pence to pardon all thc past
and thc hardest heart that ever locked itaelii
within thc breast of selfish man, will Boftuf
to her charms, and bid her live as, she
lived, her years of matchless bliss, Iqved, lovl
ing and content, the source of comfort aad[
thc spring of joy.—Chambers' Journal.
Children nre inquisitive bodies—for|
instance:
“What' docs cleave mean, pa ?"
“It means to unite together.”
“Docs John unite wood when he cleave|
F
“Hem, well, it means to separate.”
“Well, pa, does a man separate from hill
wife when he cleaves to her f”
“Hem, hem, don’t ask so many foolii:
questions, child.”
The Paris Exposition and the Jlexicu[
Question.
Tiie Escape of Stephens.—The Kij
Times learns from a reliable authority 1
the escape of Stephens is no longer a nu
of doubt, as he arrived safe in Paris on 1
day morning thc 18th, when ho immediate;!
sent a telegram to his wife, who was stayiuf
and the people of the United States by thc i at Cork, expecting every day instructions t
President, and it would be none the less true I embark for America. She and her sister fort-
should Congress deny it with set out for England, en route to Pat
This opinion of Mr. O’Conor cannot fail to to join her husband.
New York, April 5.—Thc Herald’s Waffi
ington special says: Senator Wade has prej
pared an amendment, which lie. will offcl
when Senator Simmer brings up tho bill ft'J
the Paris exposition, that no money be px-.'
out under that bill until after Louis Nnpcleu: ■
withdraws the French troops from Mexieo.-
This will give rise to debate, which,
lowed to proceed, will re-open the i
Mexican question.
make a deep impression wherever and by
whomsoever it shall be read. Tho questions
discussed by him are of vital interest to the
country, and are treated with his usual abil
ity. As an evidence of the justness of his
positions and the correctness ot the legal
principles which he adduces in their support,
we will mention that William H. Evarts, Ed
ward Pierrepont and James T. Brady, lawyers
of acknowledged ability, and all of them dif
fering Irom -Mr. O’Conor in political views,
“ concur in liis conclusions as well as in the
line of argument by which lie arrives at them.”
For ourselves wc have no words to express
our appreciation of so powerful an argument
upon questions of such practical and vital in
terest to all.
Homicide.—W. A. Roberson and JohnBj
Strother had a street affray on the 24th nfc-1
tiie result of sonic private misunderstanding I
when Mr. Strother shot Mr. Roberson in wjj
right thigh, the ball lodging in the left.
R. died from the effects of the wound on
5th inst. As the case will undergo a judid 1
investigation, wc do not feel disposed ^
comment.—Southern Recorder, XOth.
tety The scandal mongers of New York* 1 *
rolling as a sweet morsel under their tong^
the news of a suit for damages brought »!
Mr. Barnes, lute local of the New York Tin 1 ;'
anil husband of the actress known on
boards as Miss Rose Ytyngc, against H<*|
Henry J. Raymond.
Mr. Davis and I-Iis Friends.—The Wash
ington correspondent of the Nashville Banner
writes:
Some foolish people at Richmond—who
wish to bring themselves before the country
—are talking about getting up a writ of
habeas corjtus under the peace proclamation
for the release of Mr. Davis. Such move
ments arc highly damaging to Mr. Davis' case,
detrimental to tho South and vexatious to
thc President. Our worst enemies are truly
those who pretend to be our best friends. I
am sure that Mr. Davis would be obliged to
the parties aforesaid, if he knew what they
were after, to be let alone. His condition is
not intolerable and his prospects are not
gloomy. It is only the indiscretions of vain
and fiery persons which can make them so.
The Crops.—From all wc can learn
agricultural prospects arc encouraging
Farmers are generally hard at work,
weather very fuvorablo for planting,
negroes, so far, are doing well.—Biiahu
Chart and Comp., 7th.
T-
1L
New Jersey Senatorship.
New York, April 7.—The Herald’s Trcn-
Gov. Low, of California, has vo
the bill giving State aid to the Pacific J
n ad, and the Assembly has sustains-■;
veto by a vote of 60 to’ 6. Resolution’
dorsing Congress passed thc Senate by a
ol’ 36 to 21.'
pgr* As one indication of tile costlin^
our iron war ships, the Navy Department F
$3,000 for towing thc Sangamon from Up
ton Roads to League Island : the I.
cost $3,125, and the Lcliigli $2,250 to.
same service.
constitute abandonment. With respe.it to *° n correspondent says it is understood that
the word “captured” it has a well-defined! the Governor has no power to till the vacancy
legal meaning. “The naval and military ; occ a-'it>ned by the ousting ofMr. btockton.
forces of the United Mates alone had author-; __ ~ *•*
to make captures as prize of war,” and it I .^’"The new city charter adopted by the
se- ■ >r;/' < eollld mly V: • : -- 1 ‘-'lee
hu&iioi.»•> continued, iL >i<l. • year- City
pgr*Rev. Henry Ward Beecher was
pastor of a congregation in Indianapoiu •
was too poor to paint the church cdrtjrt-
poor to paint i . ,
tbe young minister did the job with 1“-'
hands.
A lawyer
a new trial on t!
I the act of Congres- v»nfer9
power upon
niherii.unicipal officers. beam
Maine recently nu’
i - 11 1 ,
si. Itilv i. flu. n< - I by tbt l
female plaintiff."