Newspaper Page Text
4
THE GEORGIA WEEKLY TELEGRAPH.
PRISON LIFE OF JEFFERSON DAVIS
(CONTINUED)
Books, if ho could get them, would be a
great oonstffntion. True, lie had the two
best—pointing to his Bible and prayer-book;
but the mind could not keep continually at
the height and strain of earnestness required
for their profitable reading. “ That the pa
pers and other publications of the day should
be denied him,*he could understand—though
even this Would not be right when he was
preparing foe trial.” He would then require
to know what phase of public opinion he ad
dressed;' for in all euch trials—and in this age
of publicity—there must be two tribunals,
one inside, but) infinitely the vnstcr one out
side the -court-room. To old English or
other books for his perusal, what objection
could 'uo urged ? Such indulgences were
given-to tho worst criminals before trials;
and-even after conviction the prison libraries
were-open for their use. A mind so active
as liis'bad been for forty years could not sud
denly bring its machinery to a pause. It
m sat-either havo food or prey upon itself, and
this was his case ot present. “Except for the
purpose of petty torture, there could be no
color of reason* for withholding from him
any books or papers dated prior to the war.”
June 8.—Was to be called to tl»e prisoner,
wham I had not seen for a week. Entered
with Captain E. A. Evans, officer of the day.
Foimd Mr. Davis relapsing and very dispon-
«lont. -‘Complained again of intolerable
pains in his head. Was distracted night and
day-bV'the unceasinir tread of the two senti
nels in his room, and the murmur or gabble
of tho guards in tire outside ceTL He said his
casemate was well formed for a torture-room
of the Inquisition. Its arched root made it
a perfect whispering gallery, in which all
• sounds were jumbled and repeated. The tor
ment of his head was so dreadful, he feared
he must lose his mind. Already biis memory,
visioirund hearing, were impaired. He bad
nut iuo remains ui iuv,- nml tho glar*
ing, whitewashed walls
lug tins, jye pointed to a crevice in the wall
where his bed bad been, explaining that he
had changed to the other side to avoid its
mephitic vapors.
Of the trial he had l>een led to expect, had
heard-nothing. This looked as if the indict
ments were to be suppressed, and the action
of a military commission substituted. If so,
they might do with him as they pleased, for
he would not plead, but leave his cause to the
justice Of tiie future. As to taking his life,
that would be the greatest boon they could
confer on him, though for the sake of his fam
ily ho might regret the manner of its tak
ing.
June 10.—Mr. Davis out of sorts, very ill-
tempered. Complained that his clean linen,
to be sent-over tw ice a week by General Miles,
had not-lieen received. General Miles had
taken charge of his clothing, and seemed to
think a change of Jinen twice a week enough.
It might be so in Massachusetts. But now
even this wretched allowance was denied.—
The General might know nothing cf the
matter; but if so, some member of his stuff
was negligent It was pitiful tliey could not
sentlliis trunks-to his cell, but must insist on
thus doing-out his clothes, as though he were
* a convict in some penitentiary. If the object
were to degrade him, it must fail. None
could be degraded by unmerited insult heap
ed on helplessness hut the perpetrators. The
day would come that our people would be
ashamed of his treatment For himself, the
sufferings he was undergomg would do him
. good with his people (the South). Even
those who bad opposed him would be kept
silent, if not won over, by public sympathy.
Whatever other opinions might be held, it
-was clear -he was selected as chief victim,
bearing the burden of Northern hatred, which
- should be more equally distributed.
Suntlay, July 11.—Was seat for by Mr,
Davis, and called in oompnny with Captain
It. O. Bickley, officer of the day.
-Found prisoner veiy desponding, the fail
uro of bis sight troubled him, and his nights
almost without sleep. iHispresenttreatsucnt
was killing him by inches, and lie wished
shorter work could he made of his ferment.
He had hoped long since for a trial, which
should bo public, ami therefore with some
semblance of fairness; but hope deferred was
making his heart sick. The odious, malig
nant and absurd insinuation that he wan con
nected in some manner with the great crime
and folly ot Mr. Lincoln's assassination, was
his chief personal motive for so earnestly
desiring an early opportunity of vindication.
.-But apart from this, as lie was evidently made
the representative in whose person the action
of the seceding States was to be argued and
decided,Tie yet more strongly desired for this
reason to be heard in behalf of the defeated,
lint to him still sacred cause. The defeat he
accepted, as-a man has to accept all necessities
of accomplished fact; hut to vindicate the
theory and justice of his cause, showing by
tho authority ot the Constitution and tiie
Fathers of the Country, that his people had
only asserted. a right—had committed no
crime; this was the last remaining
labor which life could impose on Jiim as a
public duty. Mr. Davis then spoke of ex-Presi-
•dcni Fraoklin Pierce in terms of warm admira
tion, as the public man who had studied con
stitutional law, and the relation of the States
-to highest, profit, remarking, that if ho were
K | r en any choice of counsel, Mr.-Pierce would
nno of those .whose advice he would think
most reliable.. He also spoke of Mr. Charles
Earner, of Washington, as ‘a walking ency-
-doprdia of constitutional law, very accurate
anil ready in reference to precedents; adding
that he had seen a repert that Mr. 3Iessrs.
Rovcrdy. Johnson, of Maryland, and Charles
(PConor, of New York; had professed their
readiness to assure his defense, when ap
proached by some of lii* friends for that pur-
pote,ifor which he felt gcatefhl, both person
ally .and for bis oeople. His own fate was of
no importance in this matter, save to the
S ivcrnwent, on which history would devolve
Ha aeepoiisioili
body, but. more effective,
susceptible of tbe j-- : - n
science looks upon
compassion; even
have the comfort ,,
also our repentance. But the human eye for
ever fixed upon you is the eye of a spy, or
enemy, gloating in tlic pain and humiliation
which itself creates. I have lived too long
in tbe woods to lie frightened by an owl, and
havo seen death too often to dread any form
of pain. But I confess, Doctor, this torture
ot pi
of being watched begins to pray on my rea-
The lamp burning in my room all night
would seen* a torment devised by some one
who had intimate knowledge of my habits,
my custom having been through life never to
sleep except in total darkness.”
This conversation, so Far as related to its
medical aspect, I deemed it my duty to com
municate that afternoon to Major General
Miles, who could not remove the lamp alto
gether, but directed that it should be screen
ed at night, so that no direct and glaring
beams should be thrown into the prisoner's
eyes.
July 20.—Called on Mr. Davis, Captain
Korte, Third Pennsylvania artillery, being
officer of tho day, and. of course, my com
panion. Was requested to call l*y Major
General Miles, who had received report that
prisoner was seriously ill.
Found Mr. Davis in a very critical state;
his nervous debility extreme; his mind mroc
despondent than ever heretofore; his appe
tite gone; complexion livid, and pulse de
noting deep .prostration of all the physical
energies. Was much alarmed, and’ realized
with painful anxiety the responsibilities of
my position. If he were to die in prison, and
without trial, subject to such severities as had
been inflicted on his attenuated frame, tbe
world would form unjust conclusions, but
conclusions with enough color to pass them
into history. It seemed to me, let me frankly
confess, due to the honor of America, and
rue future glory or ~ .—r— —
existence, that this result should not happen.
3Ir. Davis asked me could nothing be done
to lietter his condition, or secure him thejus-
ticc of a trial before death. The effort of his
people to establish a country bad failed, and
they had no country now but America. It
was for tlic honor of America, not less than
for liisown, and for justice to his cause, that
he pleaded.
Assured Mr. Davis that uo effort of care or
such skill as I possessed should be wanting for
his benefit. Then commenced conversation
on various topics, seeking to divert his miud
train the nfllictions preying on it.
mow IIE KELT ABOUT MR. CLAY.
Mr. Davis said when lie had last been out
on the nunparts he had met Me. C. C. Clay,
similarly walking under guard. Clay was look
ing wretchedly, and seeing him made Mr.
Davis realize more acutely his humiliating po
sition. -Men at sea in a ship never realize
how forlorn and frail the vessel is they arc on
board, until their counterpart in some closely
passing vessel is brought under notice.” Ab
sorbed in exercise and the emotions -of the
scene, he had previously failed to realize his
situation, with nn officer at his side as custo
dian, and four bayonets pacing behind iiiul
to secure that he should make no effort to es
cape. The moment Mr. Clay paased, his own
situation stood revealed; and nothing but his
strong conviction that .to remain -in his cell
would l>e equivalent to suicide, could induce
him .to parade again in the same-manner. As
he passed Mr. Clay they exchanged a few
words in French, nothing more than the com
pdhnents of the day and an inquiry for each
other's health; hut it seemed this hod alarm
ed the officer, who did not understand the
language, Mr. Clay not being permitted to
pass him again, but being marched off to
another part of the ramparts. Clay was nat
urally delicate, of an atra-bilious type, and
his appearance denoted that he must bo suf
fering severely.
Replied that I had been attending Mr. Clay,
nndsaw nothing in his state to occasion alarm.
He had a tendency to asthma, but that was a
long-lived disease. Mr. Davis inquired how
Clay -was fed. Replied that at first be had
received soldiers' rations, but latterly, his con
dition demanding it, had beau Sail from the
hospital. Mr. Davis expressed much sympa
thy for liis fellow-sufferer, begging me to do
whatever I professionally could for his relief,
and ioihold up his hands Let me hear re
mark that, despite a certain exterior cynicism
of manner, no patient has ever crossed my
path who, suffering so muck kimeeif, appear
ed to feel so warmly and tenderly for others.
Sicknoss. as a general rule, is sadly selfish; its
own pains and infirmities occupying too
much of its thoughts. With Mr. Davis, how
ever, the rule did not work, or rather lie was
an exemption calling attention to its general
truth.
xpenment —.. .
achromatic microscope during the cholera ; This object he achieved after ruling seventy
visitation of 1804 in England. Men in robust miles, without halt, in^a single day, joining
In dth liii^ht defy these miasmatic inilut-iice~: Mrs. Davis just :it da\ light, and in time to
hut to him. so physically redv.eed, the atmos. prevent >. party he had pa.-ed on tiie road
phere that generated mould found no vital from stealing her two tine carnage _ nones
tio responsibility for his treatment. Martyr
dom, while representing the deliberate action
of hi* * J * ■*-*-“*- ’ ‘
tlio
pie,
tutu
an people, t
stake m ix
uturc liberties were.now at stake in jieraon.
a fair andjpublictrial was now tbe necessity
of the situation.
“My people,” .ho added, attempted what
your people denounced as a revolution. My
people failed.; but your people have suffered a
revolution-which must prove disastrous to
their liberties unless promptly remedied by
Iqgal decision, .in their efforts to .resist the
revolution which they charged .my people
with contemplating. State sovereignty, the
cornerstone of the Constitution, has become
a name. There is no .longer power, or will,
in any State, or .number of States, that would
dare refuse compliance with any tinkle-of Mr.
Seward t belL”
Mr. Davis complained tbisaiceplessncso was
aggravated by the lamp kept burning in his
room all night, so that he could be seen at all
moments by the guard m the outer cell. If
he happened to dosc.one feverish moment, the
noise of relieving guard in the next room
• aroused fcim, and uie lamp poured its full
S ' re into his aching and throbbing eyes.—
ere must be'a change in this, or he would
go crazy, oc blind, or both.
EFFECT OF J1EIXQ fBRTBALLT WATCHER.
“Doctor," be said, “had you ever the con
. sciousncss of being watched ? Of having an
ye fixed ou you every moment, intently
j&crutinizing your most minute actions, and
tjie variations of your countenance ami pos-
tqce f The consciousness that the Omniscient
Eye rests upon us, in every situation, is the
most consoling and beautiful belief of re
ligion. ‘But to hare a human eyeriveted on
you every moment of walking, or sleep
ing, sitting, walking, or lying down, is a re-
fineiuonl of torture on anything the Carnan-
cbes pr Spanish Inquisition ever dreamed.’—
They, ,in their ignorance of cruel art, only
struck at tho body; and the nerves have a
very limited capacity of pain. This is a mad
dening, incessant torture of the mind, increas
ing with every moment it is endured, and
-liaking tin- reason l,y itt. incessant recur
rence of miserable pain. Letting a single
drop of water fall on the head every sixty
seconds docs Dot hurt at fiist, but its
victim die- uf raving agony, it i- ullcg
ed, if tho infliction be continued. ‘-The tor
ture of being incessantly watched is, to the
mind, what the water-dropping is to the
EXPOSURE OF niS DOMESTIC CORBESFOX-
DLNCha
Prisoner “complained .bitterly of the re
strictions imposed by General Miles on his
correspondence with his wife; certain sub
jects, and those perhaps of most interest, be
ing forbidden to both. The convicts in State
prisons were allowed this liberty unimpeded,
or only svbject to the supervision ofthe chap
lain whose supervision bad a religions and
kindly character—that of father confessor.—
His letters, .on the contrary,{had to be sent
open to General Miles, and from him, he
-understood, -similarly open to the Attorney-
General. What unbosoming of confidence—
.mutual griefs, mutual hopes, the interchange
of tenderer sympathies—was posable, or
would be deBcate under such a system 1 He
pictured idle young staff officers here, or yet
more pitiful clerks in law deportments at
Washington, grinning over any confessions of
pain, or terras of endearment he might be
tempted to use; und this thought embittered
the pleasure such correspondence might
otherwise have conferred. The relationship
of husband and wife was the inner vestibule
of the temple—tl*e holy of holies—in poorkn
man life; and who could expose itssecrete, or
lay bis heart bare on his sleeve, tor such daws
to* peek, at? Even .criminals condemned to
death from heinous crimes, were allowed not
only freo correspondence with their wives,
but interviews .it which no jailor stood with
in earshot. What possible public danger
could there be from allowing such letters to
pass without scrutiny f Time will set all
these petty tyrannies in their true light- He
that first plcadctk his own.cause seems justi
fied ; but his neighbor cometh and scarchcth
him. If the privilege were ever abused; if
anything be wrote to his wile were published
to the detriment of the government, or tend
ing to disturb the peace, what easier than to
•say: “This privilege has been abased and
must cease.”
force sufficient to resist its poisonous inhala
tion.
Assured Mr. Davis tlmt his opinion on the
matter had for some time been my own, and
that on several occasions I had called the at
tention of Major General Miles to the subject.
Satisfied that the danger was now serious if
lie were longer continued in such an atmos
phere, I would make an official report on the
subject to the general commanding, recom
mending a change-of quarters.
WHY DU. CRAVEN WAS BEHOVED.
In December, 1805, the jailor in charge of
Mr. Davis was ordered by his employer, Sec
retary Staunton, to intertcrc with the meals
ofthe prisoner and to prevent his physician
from conversing with him; and upon Dr.
Craven’s venturing to send to a tailor for a
heavy overooat to protect the invalid from
the increased cold weather, this humane sur
geon was “relieved from duty at tho fort”
MR. DAVIS OX niS CAPTURE.
On leaving Richmond he went first to Dan
ville, because it was intended that Lee should
have rndVed in that direction, falling back to
make a junction with Johnson’s force in the
direction of Roanoke River. Grant, however,
pressed forward so rapidly, and swung so tar
around, that Lee was obliged to retreat in the
direction of Lynchburg with his main force,
while his vanguard, which arrived at Dan
ville, insisted m falling back and making tlic
rallying point at Charlotte in North Carolina.
In Danville Mr. Davis learned of Lee’s sur
render. Immediately ociutod for Goldsboro’,
wncre in. >ut and had a consultation with
General Johnson, thence going on south. At
Lexington he received a dispatch from John
son requesting that the Secretary of War
(General Breckinridge) should repair to his
head-quarters near Raleigh—General Sher
man having submitted a proposition for lay
ing down arms which was too comprehensive
in its scope for any mere military commander
to decide upon. Breckinridge and Postmas
ter-General Reagan immediately started for
Johnson’s camp, where Shermm submitted
the terms of surrender on whrcli an armistice
was declared—tho same terms subsequently
disapproved by the authorities at Washing-
One of the features of the proposition sub
mitted by General Sherman, was a declaration
of amnesty to all persons, both civil and mil
itary. Notice being called to the fact partic
ularly, Sherman said, “I mean just that;”
and gave as his reason that it was the only
way to have perfect peace, lie had previous
ly offered to furnish a vessel tetake away any
such persons os Mr. Davis might select, to be
irrigated with whatever personal property
they might want to take with them, and to
go wherever it pleased.
General Johnson told Sherman that it was
worse than useless to carrysuch a proposition
as the last to him. Breckinridge also in
formed General Sherman that his proposition
contemplated the adjustment of certain mat
ters which even Mr. Davis was not empower
ed to control. The terms were accepted,
however, with tlic understanding that they
should be liberally construed on both sides,
and fulfilled in good faith—General Breckin
ridge adding that ccraan part of the terms
would require to be submitted to the various
State governments of the Confederacy for ra
tification.
These terms of agreement between John
son and Sherman were subsequently disap
proved by the authorities at Washington, and
the armistice ordered to cease after a certain
n the road
her two line
which formed a particular attraction tor tlicir
greed. “I lmvc heard.” he added, “sincemy
imprisonment, that it was supposed there was
a large t-mount of specie in the train. Such
was not the fact, Mrs. Davis carrying with
her no noney that was not personal property,
and but very little of that.”
Having joined his family he travelled with
them foi several days, in consequence of find
ing the region infested with deserters und
robbers mgaged in plundering whatever was
defenseless, his intention being to quit his
wife whenever she had reached a safe portion
ofthe country, and to bear west across the
Chattahiochcc. The evening before his ar
rest he vas to have carried out his arrange
ment, bdieving Sirs. Davis to be now safe ;
butwns prevented by a report brought in
througl one of ids aides that a I'.;;;,
guerrillis, or highwaymen, was coming that
night t« seize the horses and mules of his
wife's tain. It was on this report he derided
to reman another night.
Toward morning he had just fallen into
the dad sleep of exhaustion, when his
wife’s fiitliful negro servant, Ro’>ert. came to
him amouncing that there was firing up the
road. :Ic started up, dressed himself and
went ott. It was just a grey dawn, and by
theirnprfect light he saw a party approach
ing thcramp. They were recognized as fed
eral cawlry by the way in which they deploy
ed to sir round tho train, and he stepped back
into thetent, to warn his wife that the enemy
were at )and.
Their tent was prominent, being isolated
from the other tents of the train; und as he
was quittng it to find liis horse, several of
the cavaliy rode up, directing him to halt
and surrender. To this he gave a defiant an
swer. Tli;n one whom ho supposed to be an
officer askid, “had he any arms,” to which
Mr. Davis replied: “If I had, you would not
be alive to ask that question.” His pistols
had been iett in the holster as it had been his
intention, the evening liefore, to start when
ever tie camp was settled; but horse, saddle,
and blisters were now in the enemy’s posses
sion, rod he was completely unarmed.
Colonel Pritchard, commanding. the fed
eral ctvalfy, came up soon, to whom Mr.
Davis said, “I suppose, sir, your orders are
accomplished in arresting me. You can have
no wiui to interfere with women and chil
dren ; and I beg they may be permitted to
pursui their journey." The Colonel'replied
that Lis orders were to take every one lound
in my company back to Macon, and he would
have to do so, though grieved to inconven
ience the ladies. Mr. Davis said his wife’s
party was composed of paroled men, who
had committed no act of war since their re
lease, and begged they might be permitted
to go to their hornet; but the Colonel, un
der liis orders, did not feel at liberty to grant
this request. They were all taken to Macon,
therefore; reaching it in four days, and from
thence were carried by rail to Augusta—Mr.
Davis thanking Major-General J. H. Wilson
tor having treated him with all the courtesy
possible to the situation.
The paity transferred to Augusta consisted
of Rengai, Alexander H. Stephens, Clement
C. Clay, two of his own aids and private
secretary, Mrs. Clay, liis wife and four child
ren, four servants and three paroled men, who
had generously offered their protection to
Mrs. Davis during her journey. Breckinridge
had been with the cavalry brigade, which had
been the escort of Mr. Davis, and did not
TELEGRAPHIC
THE CONSTITUTIONAL AMENDMENT
MESSAGE FROM THE PRESIDENT.
DESPATCHES TO TIIE ASSOCIATED PRESS.
GENERAL NEWS.
Baltimore, June SI.- -The congregation of
Rev. 31 r. Lcfevre, of Franklin Square Presby
terian Church, voted last night to sustain the j
action of their pastor in separating from the
General Assembly of tbe Old School Presby
terian Church on account of its recent action
with regard to the Louisville Presbytery.
Rev. Dr. Backing addressed the congrega
tion of the First Church, defending the As
sembly from the charges brought against it.
No case of cliolara has occurred here ex
cept the one which came hero from New York.
The city is perfectly healthy and no indica
tions whatever of the disease making a lodg
ment here.
Philadelphia, June 20.—The Union Con
gressional Convention was held here to-day.
It was fully attended and John A. Peters was
nominated for Congress, receiving nearly a
unanimous vote. A number of delegates have
arrived to attend tbe Union State Convention
which meets here to-morrow.
Montpelier, Vt., June 20, -The Repub
lican State Convention have nominated Hon.
Paul Dillingham, for Governor.
Columbus, O., June 20.—The Union State
Convention have nominated William Henry
Smith, for Secretary of State.
Philadelphia, June 21.—Madame Julia
Der Marguerites, a well known dramatic
critic and authoress of various works, died
suddenly this morniug of heart disease.
New York, June 21.—Arrirod, steamers
Niagara, from Richmond, and J. E. Brown,
from Norfolk.
Washington, June 28.—The President sent
1 into Congress to-day the following message
in relation to the reconstruction amendment
to the constitution:
, To the Senate and lionsc of Representatives.*
I submit to Congress a report of the Secre
tary of State, to whom was referred the con
current resolution ofthe 18th inst., respecting
a submission to the Legislatures of the States
of an additional article to the Constitution
ot the United States. It will be seen, from
this report, that the Secretary of State had,
on the 13th inst., transmitted to the Govern
ors ot the several States certified copies of the
Jlinutc of I’oiitt,
, Decided by the Supreme Court, J/f
Go , June Term. lSGG.
[CONTINUED.
"asskn A Whitaker, t
■ Award.
Wekklky A Wakkkn, V * Ioin Fulton
Walker, J.
In this ca-e there was enough eviiW
uphold tho verdict, and the verdict *a
contrary to the charge of the Court r
’ ment affirmed.
Hammond and
plaintiff in error.
Brown & Pope tor defendant.
Watt Ex’tr. i
vs. • Ejectment. FromEi
Ganahj.. .)
Lumfkim, C. 0.
Barnett & Blecklev
joint resolution on t„o IN. in.un. I
proposing an amendment to the constitution, for twenty or thirty years, is conclusiy . I
Even in ordinary times, any question of on them afterwards.—Judgment affirm;,,; ‘
amendin" the Constitution must be justlv re- : ^ iLon & Lester for plaintiff in error
ipjjjg i Law, Bartow & Lovell for defendants
.uui.i t.u i ,„.u,ai,i. Hudspeth)
: present time enhanced vs „ Rule against sheriff F rom is I
joint resolution was not Johnson. \
Lumpkin, C. J.
A Sheriff who collected Confederate i 0% J
garded as of paramount importance,
importance is at the
by the fact that the joint:
submitted by the houses for the approval of
the President, and that ofthe thirty-six States
which constitute the Union, eleven are ex- ona li fa nncl put it in a safe, whore, in (S 1
eluded from representation in cither house sequence of the absence of the owner 0 fl
,1, , sale with the key, it remained until it WJ
of Congress, although, with tbe single excep- va i ue { es a, is notliable for the nominalamoJ
tion of Texas, they have been entirely restored G f such money, but only for its actual n J
to all their functions as States in conformity at the time of collection. Judgment J
with the organic law of the land, and liavo versed. . ,
appeared at the National Capitol by Senators, t J^ r ' H
and have been refused admission to the va- Wright and Warren tor defendant. |
cant seats. Nor have the sovereign people of.
the nation been afforded an opportunity of
Darracott
) Motion to
'-instate ~-
expressing their views upon the important S^m
Habris, J.
1. At the April term of 18C5, of Jlilltt.l
perior Court, the situation of the cotuJ
New York Markets.
New York, June 21, m.—Cotton steady at
39c to 40c. Gold, 148 3-8; Sterling Exchange)
110 and quiet.
From the Pacific Squadron.
Thu navy department has received des
patches from the U. S. steamer Vanderbilt,
dated Acapulco, Mexico, .-May 30th, 18G0
stating their arrival there on tho 29th instant,
after a passage of eight and a half days from
Panama. The town is occupied by the French
with a single vessel, tiie Lucifer, carrying eight
guns, and lying at anchor before it. The
shores of the Bay are beleagued by the Liber •
als so that the cocoanut groves within cannon
shot of the town cannot safely be sipproached.
The coal agent desires the protection of tho
Americah flag in giving coal to the Monad-
nock. The commodore states that after coal
ing he will probably proceed to San Francis
co, touching at Magdalene Bay to transfer
coal from the Vanderbilt to the Monadnock.
question which the amendment involves.—
Grave doubts, therefore, naturally and justly
arise as to whether the action of Congress is
in harmony with the sentiments of the peo-; was such as to furnish an excuse to cou^
pie ,and whether in such an issue they should ! for not attending the Court, especially »h e
be called upon by Congress to decide respec- the absent counsel were co-partners in ^
i , practice, and one of them was in the minu
ting the ratification oi the proposed amend-. ggjyfog an d the other a Government d»p^
ment. j tary.
Waiving the question as to the constitu- i 2 This case having been dismissed in c
tional validity of the proceedings of^Congress
upon the joint resolution proposing the
amendment, or as to the merits of the article
which it submits through the Executive De- j
part ment to the Legislatures of the States, I
Court below, on account of the non-attetl
ancc of the counsel,it ought to have lieen t^l
stated on motion at a subsequent term.—Ju£r
ment Reversed.
Vason & Davis for plaintiff in error. i
No appearance for defendant. !
come up to Washington. He und Secretary
H Benjamin had started for Florida, expecting
Mr. Davis waited in Charlotte untilcseape thence to the West Indies. There
rli A /Ini' nml nnllP li- inn tli/. r. cm > r<K</w. <ln/l • * ... ..
ME. DAVIS AS A PATRIOT—THE ATMOSPHERE
OK HIS CELL.
September :1.—Was called at daylight by
Captain Titlow, officer of the day, to see
State-prisoner Davis, who appeared rapidly
sinking, and was believed in a critical condi
tion. The carbuncle on liis thigh was much
inflamed, bis pulse indicating extreme pros
tration of the vital forces. The erysipelas
which had subsided now re-appeared, mid
the febrile excitement ran very high. Pre
scribed such remedies, constitutional and
topical, as were indicated; but always had
much trouble to persuade him to use the
stimulants so urgently needed by his condi
tion. Let we here say, however, tliat in do
cility and a strict adherancc to whatever reg
imen was prescribed, Mr. Davis was the model
patient of my practice. He seemed to regard
the doctor os captain of the patient's health,
and obeyed every direction, however irksome,
disagreeable, or painful, with military exact
ness.
Mr. Davis renewed his complaints of the
vitiated atmosphere of the casemate, declar
ing it to 1m- noxious ami pestilential ;ium tin-
causes before noticed. Mould gathered upon
his shoes, showing the dampness of the place;
and no animal life could prosper in nn atmos
phere that generated these liyplionijcctous
fungi. From the rising and falling of the
tides in the loose foundations of tlic case
mate, mephitic fungi emanated, the spores of
which, floating in the air, were thrown olf in
such quantities, and with such incessant repe
titions of reproduction, as to thoroughly per-
aile the atmosphere, entering the lungs and ;
blood with every breath, and redeveloping
their poisonous qualities in the citadel of life.
the day and hour when the armistice ended;
then mounted his horse, and, with some cav
alry of Duke’s brigade (formerly Morgan’s,)
again started southward, passing through
South Carolina to Washington, in Georgia.—
At an encampment on the road, he thinks,
the cavalry of his escort probably heard ot
the final surrender ot General Johnson, though
he himself did not until much later. Being
in the advance, he rode on, supposing that
the esoort was coming after.
As with his party he approached the town
of Washington, lie was informed that a reg
iment, supposed to belong to the army of
General Thomas, was moving on the place to
capture it, in violation, as he thought, of
Gen. Sherman’s terms. On this he sent hack
word to the general commanding the cavalry
escort, to move up and cover the town—an
order which probably never reached its des
tination—at least, the cavalry never came;
nor did he sec them again, or any of them.—
Thinking they were coming, however, and
not apprehending any molestation from the
Federal troops, even if occupying the same
town, he entered Washington, ami remained
there over night, no troops of the United
States appearing. Here he heard cf his wife
and family, not having seen them since they
had left Richmond, more than a month before
his own departure. They liad just left the
town before his arrival, moving South in
company with his private secretary, Colonel
Harrison, of whose fidelity he spoke in warm
terms, and accompanied by a small party of
paroled men, who, seeing them unprotected,
had volunteered to be their escort to Florida,
from whence the family, not Mr. Davis him
self, intended to take shipping to Cuba.
3Ir. Davis regarded the section of countiy
lie was now in as covered by Sherman's armis
tice, and had no thought that any expedition
could or would be sent for his own capture,
or for any other warlike purposes. He be
lieved the terms of Johnson's capitulation
still in force over all the countiy east of the
Chattahoochee, which had been embraced in
Johnson's immediate command; citing os an
evidence of this, that while he was in Wash
ington, General Upton, of the Federal ser
vice, with a few members of his staff, passed
unattended over the railroad, a few miles
from the place, en route for Augusta, to re
ceive the muster-rolls of the discharged troops,
and take charge of the immense military
'stores there that fell into General Sherman's
hands by the surrender. General Upton was
not interferrcd with, tlic country being con
sidered at peace, though nothing could have
been easier than his capture, had Mr. Davis
been so inclined.
At this very time, however, a division of
cavalry liad been sent into this district, which
hail been declared at peace and promised ex
emption from the dangers and burdens of any
further military operations within its limits,
for tlic purpose of capturing himself and par
ty; And this lie could not but regard as a
breach of faith on the part-of those who di
rected or permitted it to be done, though he
did not wish to place himself in the condition
of one who had accepted the terms of John
son's capitulation or taken advantage of the
amnesty which Sherman had offered. But
the district in wliich lie then found himself
had been promised exemption from further
incursions, and he did not think himself just
ly liable to capture while within its limits—
though lie expected to have to take the chances
of arrest when once across the Chattahoochee.
Hearing that a skirmish-line, or patrol, had
been extended across the countiy from Macon
to Atlanta and thence to Chattanooga, he
thought best to go below this line, hoping to
join tbe forces of his relative, Lieutenant-
General Dick Taylor, after crossing the Chat
tahoochee. He would then cross the Missi
sippi, joining Taylor's forces to those of Kir-
bv Smith—of whom be. spoke with marked
was no specie nor public treasure in tbe train
—nothing but his private funds, and of them
very little Some wagons had been furnished
the quartermaster at Washington, Georgia,
for the transportation of his family and the
paroled nun who formed their escort, and
that was the only train. Mr. Davis hud not
seen his fauily for some months before, and
first rejoiaed them when he rode to their de
fence from Washington.
THE PRESIDENT ON THE CONSTITU
TIONAL AMENDMENT.
The 3Iesage of President Johnson to Con
gress reganUng the new Constitutional amend
ment. was so butchered in our issue of yes
terday, tint we republish it in a corrected
form.
This is a bold and decided document.
The proposed amendment was not sent to the
President for his consideration—as, in our
judgment, it ought to have been—but he
takes occasion to give Congress and the world
his opinion of the measure, in very plain
terms. He even questions the constitutional
right <>; the body, as at present constituted,
to propise amendments to tbe fundamental
law, and unmistakably asserts that the States
are undir no obligation to entertain a meas
ure that comes to them under such auspices.
This is jbe doctrine we have been preaching
for weeks, only we go farther, and are more
consistent than the President, when we deny
that the present conclave of partisans at
Washington have no right to legislate at all.
We believe all of their action is illegal, and
will be so declared if properly brought into
judgmeit.
British Provincial Comederation.
Toronto, C. W., June 21.—The Legisla
ture of New Brunswick, it is expected, will
adopt the confederation scheme. Delegates
from Canada, New Brunswick, Nova Scotia
and New Fouadland will probably leave for
England at the end of the present month.—
The English Parliament is expected to pass
the necessary act at the present session in or
der to enable the confederation of the Prov
inces to be completed in August.
Congressional News.
Washington, June 21.—The Senate was
engaged to-day in the consolidation Tax bill,
and made very good progress on the measure.
The House concluded tbe consideration of
the new Army bill, which was then passed,
yeas 72, nays 41. It provides for a maximum
of fifty thousand men.
Clarke for defendants.
Bryans
Markets.
New York, June 21, r. m.—Flour declined
from 10 to 20c; Southern, $10.40 to §17.—
Wheat declined from 5 to 10c; sales unimpor
tant Corn, 9tf to 97c. Beef firm. Pork
heavy at $33.18c to $33.25c. Cotton dull
and declined lc; sales, 1400 bales at 38 to
40c. Sugar firm; sales, 1100 hogsheads,
Muscovado at 11 to 11 l-4c. Naval stores
dull. Gold,149 8-4; Fives 3 l-l; Sevens 2 7-8.
New Orleans, June 21.—Cotton is easier;
sales to-day, COO bales at 3Cca87c. Gold,
140 1-2. Bank rate of sterling Exchange
nominally 158.
dc'cm it proper to observe that tbe steps taken Tyus )
by the Secretary of State, as detailed in the i vs '- Possessary Warrant, From Dougfe
accompanying report, are to be considered as * ^ UsT '
purely ministerial, and in no sense whatever A pactor wh J^dvanoed money on w |
committing the Executive to an approval: ton storetl with hinij and lias a claila ^
or recommendation of the amendment to the i for expenses and who has sold it without fc
State Legislatures or to the people: On the 1 struction from his principal, to a km f>
contrary, a proper appreciation of the letter purchaser, is not subject to possessory Ws
i •„„ ; rant, at the instance of the principal—cettk
and spirit of the Constitution,, as uell as of ly n ’ ot> before a tender ofhis advances a
the interests of national ordcr'and harmony expenses.—Judgment-Affirmed,
and union, and a due deference for an en-, strozier & Smith for plaintiff in error,
lightened public judgment may at this time j Warren, and Vason «fc Davis for defends
well suggest a doubt whether any amendment j Suttles& Wife f on Q uard j.
to the Constitution ought to be proposed by : vs. bond p r0ln p n j^.
Congress and pressed upon the Legislatures of j Caldwell & others )
the several States for final decision, until after Lr.-rpiax, C. J.
. „ , , , _ * , The verdict m this case was contran *
the admission of such loyal Senators and , evide hce.—Judgment Reversed.
Representatives of the now unrepresented j Ezzard & Collier, Barnett «fc Bleckley ii
States as have been, or may hereafter be, cho-, plaintiff in error
sen in conformity with the constitution and
laws of the United States.
(Signed) Andrew Johnson.
Accompanying the Message of the Presi
dent is the report of the Secretary of State,
announcing that he had, in conformity with
the precedent, which had been adopted by
him in 1805, in regard to the proposed and
afterwards adopted Congressional amend
ment ofthe Constitution ofthe United States,
concerning the prohibition of slavery, trans
mitted copies of the joint resolution to the.! allow a verdict
«o., rre «the« T ,8».-, togetherwltli ] H
a certificate and circular letter. tion, and permitted the Solicitor to enter;
7- * 1 T ' nolle proeequi ; Held, that as there wast
1 '' ' f ^ issue for the jury to try, tbe prisoner was si
New Icork, June -3. The Laiarge House^ , j n jeop a r d y, and it was not.too late to*
in this city, lias changed hands, Henry Brice, I pro» the indictment. ‘ Judgment Affirmed,
of Kentucky, having become the proprietor, Trippeand Floyd for plaintiff in error,
and changed its name to the Southern Hotel. !■■ Hammond, Sol. Gen. for the State.
The revolution in St. Domingo has proved ! R ^. V ' MAX ( Petition to the Judge at Ch:
successful, and President Paez lias fled to ! Gaskill. \ ^ ere * From Fiiltou.
Europe. ; Harris, J.
RYANS )
vs. > J
State. ) j
Assault with intent to Rape
The State. ) From Butts '
Harris, J.
The Solicitor General entered on the b
of indictment arraignment and plea of a
guilty, but by advertance, there was, in &
no arraignment or plea. The- jury were ii
pannelcd and sworn, tho indictment was rai
to them, auil the Solicitor made his openii
address and was about to introduce evident
when counsel for prisoner moved the Court
of not guilty to be token,;
A Liberal Victory.
Nrw Orleans, June 21.—TheTmperialiats
have been signally defeated near Matamoras,
losing their conducta of immense value.
Book Notices.—From Patrick & Havens
we havereceived,
Barren Honor : A novel by the author of
“Guy Livingston,” “The Sword and Gown
etc., ee., published by Dick & Fitzgerald,
No. If; Ann Street, N. Y.
A book i>y a popular and powerful writer,
whose style, delineation of character, and
powers o' narrative are such as to attract the
attention and maintain interest from first to
last. It will please novel readers. It contains
179 pages, and is handsomely bound.
Roebuck : A novel, published by 31. Doolady
N. Y„ 418 Brown Street, 1800.
This, like Sony of Eagle's Nest, is a war
novel, partlining to the period prior to, and
during the beginning of secession. We have
not read th: whole of it, and so leave to those
who purchise it to discover how interesting
it -s. Both works, together with others, for
sale by Patrick & Havens.
acerbity—and would have continued the fight
so long as lie could find any Confederate force
to strike with him. This, not in any hope of
final success, but to secure for the South some
better terms than surrender at discretion.—
“To this complexion,” said 3Ir. Davis, “had
the repudiation of General Sbernmn’s terms,
and the surrenders of Lee und Johnson,
brought the Southern cause.”
3Ir. Davir- hit Washington accompanied by
Poat-mMter-Gcncral Reagan, three aids, and
nil escort of ten mounted men with one pack
mule. Riding along, they heard distresring
Gold in Lumpkin County, Ga.—A cor.
respondent of the New Era states that a com
pany at work in Lumpkin county, took out
ore enough io one day recently to make ten
thousand and four hundred dollars f They
pounded out between nine and ten hundred
dollars; and the writer says that ore is so
rich that when the rock is cracked the gold
holds it together. We are heartily glad to
hear of this. No doubt the mines of Lump
kin, properly worked, will develope vast
wealth in that region. We hope so, as the
country will be greatly benefitted thereby.
The Richmond Enquirer makes an ex
cellent point in reference to the continued
payment of taxes in the South without rep
resentation in Congress. “The time lia.-
come,” says that paper, “when the legality of
such proceedings might be, and ought to be,
tested in the courts.” The Constitution ex
pressly declares that “representation and di
rect taxes shall be apportioned among the
several States which may be included within
the Union, according to tlicir reepectice nnm-
bers.’'
HTA Georgia exchange lias an obituary
reports of bands of marauders goingabont the! on a dog, which closes with the invocation:
country stealing horses and whatever else dog "Require in Pace!"
GENERAL NEWS.
New York, June 22.—Steamers Susque
hanna from Rio Janeiro, Lafayette from
Havre, and Wilmington from Galveston ar
rived this morning. Foreign mails per China
left for the South by last night’s late train.
Baltimore, June 22.—A meeting of the
friends of the President’s reconstruction pol
icy was held last night in 3Ionument Square.
Gqv. Swan presided and delivered a 6peecli
together with other prominent Maryland
Conservatives.
Portrand, 3Ie., June 22.—Robbers went
to the house of the Cashier of the National
Bank of Bowdoinham, last night, gagged
and guarded his family, took him to the bank,
opened the vault and robbed it of §07,000.
They then laid him in the vault and decamp
ed towards Canada.
From Washington. Defendant, in injunction bill, was by tt
Special Despatch to the Charleston Courier.] Sheriff dispossessed of certain premises r
Washington, June 21.—The Radicals have ; dispute for failure to comply with the ten
agreed to delay the adjournment of Congress, Of the injunctions andthe complainant*
hoping that Tennessee will ratify the consti
tutional amendment in time to be admitted
this session. They are anxious to admit one
State before the fall elections.
9lic New
House to-day. « promiuu. •ujwuujr j plication to ms adversary
served in the civil or military service ot the That all applications at Chambers slot
Confederacy, or of any insurrectionary State, ! lie on reasonable notice,
from entering the United States army. 2. That without some suit or legal p
•-*-• — ; ceeding pending in Court between the pt
Congressional. ties, so as to enable the Judge to look i*s
Washington, June 23.—In the Senate to- the matter complained of, and to redress ^
put in possession. The complainant afc
wards dismissed his bill in open Court, wit
out objection from the defendant, by pe
tion, accompanied with copies of the pr
ceedings no longer in Court, applied to ts
Amiy Bill was'passed by the ! Jud .S» at Chambers, to be restored to thepe
..... , , , ; session thus lost, giving no notice ol the if
iy. It prohibits anybody who , )lication to his * -. Hehl _
Congressional News.
Washington, June 22.—The Senate was
engaged to-day in considering the Tax bill.
The House devoted its entire session to a
discussion of the Indian Appropriation bill.
A message wa3 received from the President
regarding the constitutional amendment re
cently adopted by Congress.
Markets.
New York, June 22, P. 3L—Flour dull,
and declined 10 a 15c. Southern, §10.30 to
§17. Wheat declined 3 a 5c.; sales unimpor
tant. Cora declined 1 a 2c. Beef steady.—
Pork heavy; sales 1,200 bbls. 3Iess at §32.25
a §32.85. Lard and "Whisky dull. Cotton
dull; sales 1,000 bales at 88 a 40c. Sugar
dull. Coffee dull. Gold, 49 5-8. Five-
Twenties, 3 ‘1-4 premium; Seven-Thirties,
2 3-4 premium.
day a joint resolution was passed providing
for an official history of the rebellion, and
authorizing the Secretary of War to appoint
some competent person to write it at a salary
not exceeding §2,500 per year.
The tax bill was considered and various
amendments offered and adopted.
3Ir. Morgan delivered an eulogy on 3Ir.
Humphreys, deceased, after which the Senate
adjourned.
In the House 3Ir. Washburn presented a
letter from the Secretary of the Treasury on
the subject of the apprehended introduction
of rinderpest, by means of imported bones;
referred to Committee on Commerce.
3Ir. Darting, of N. Y., and others addressed
the House in speeches of condolence on the
death of Hon. James Humphreys, of N. Y.
The customary resolutions of respect were
adopted and the House then adjourned.
wrong which the defendant in the bill nii:-|
have sustained by the dismissal of the bill, £ I
summary order to restore the possession ou:: j
to be granted. Judgment Affirmed.
Gartrell & Hill, Barnett & Bleckley I
plaintiff in error.
Brown & Pope for defendant.
Jones, Adm'r.)
vi
Bowdre. \
Demurrer—From Rica
THE CANADIAN PARLIAMENT.
Harris, J.
A will gave to a guardian of the tes—I
six negroes by name, and §5,000 in _cash, : T
be delivered over to him on his anivingjt
twenty-one years of age. It made his m»»|
teaance and education a charge upon
general estate. It disposed of the rest of tf I
estate to other legatees. And, by a codic-l
it directed the whole estate to be kepttogft-
er, and not divided without the conseuj^
testator's wife: Held, that the pecum ir Jl
legacy was a general one, and did not b*l
interest during the minority of the gnw®® 1
and that owing to the peculiar scheme of t
will, the legacy of the negroes, though*^!
1 cific, did not carry hire during that period-' 1
DISCUSSION ON THE FENIAN INVASION, -lodgment Reversed
Starnes for plaintiff in error,
Demand lor Indemnity Proposed. J- C. & C. Snead and A. H,
„ fendant.
Ottawa, Canada, June 23.—In the Cana
dian Parliament, 3Ir. Galt moved for the in-
A Stray Remixiscence.-I once heard
dcmnification of the Government for expenses ^ovick Peirce, in the midst of one ^
, , . „ . . ~ paralleled appeals on the subject of the P|
incurred during the recent Fenian troubles- s i mo nv of Drofessincr Christians, carry hu
Mobile Market.
Mobile, June 22.—Sales of cotton to-day,
150 bales; 3fiddling 33c; sales ofthe week,
800 bales; receipts of the week, 1,490 against
,503 last week; exports, 4,120: stock, 34,-
05 .Gold, 4G to 49.
New Orleans Markets.
New Orleans, June 22.—Cotton nominal.
Sales, 150 bales at 35 to 37c. Stock, 110,000.
Gold, 40. Bank rate of Sterling, 100. New
York exchange, 1-4 discount.
Several members of the Government party
advocated the move, when Mr. Chambers, of
Brockhill, obtained the floor and spoke
against it. He said that Canada could not
support troops enough to resist the United
States. A thousand Fenians was a very dif
ferent affair from thirty-five millions of Amer
icans.
He also called for an investigation of the
conduct of some of the commanders of the
provincial troops during the trouble, and de
nounced the management of the volunteers as
a blunder.
3Ir. Chambers was continually interrupted
and hissed, and the uproar became so great
at times as to drown his remarks. lie was
replied to by Mr. Darcy 3IcGee, after which
the motion of 3Ir. Galt was adopted.
simony of professing Christians, carry bi**£|
dience through an ordeal liko this: ‘v
out,” said he, “ and look toward Heavea^
say—O,God: anew year is beginning;^
want rain, and wind,’and sunshine, the
ular order of the seasons, the fertility ot
soil, and germinating quality of the seed, ^
all these in that harmoniom adjustment 1 ,
times and relations, that will insure us a
harvest and multiplied bag; of cotton.
God! send these, and health, and
we intend to revel upon the good things
thv Providence but let it be distinctly nn
uiy jrroviuence out lei n ue msuum.) --^
stood that we do not intend to yield a d° .
to the support of thy cause in the enrtu- j^.
we have feathered our nests to our own h K -'
Attempt this, if you dare," said the B®” 1 .’,
“andyou will ieel like lightning
strike you before you get through
petition. And yet." continued he," 1 ,., 3
the plain English of what you are do®-? -
New Orleans Market.
New Orleans, June 23.—Cotton extreme
ly dull; sales 300 bales Low Middling, at 34
3Gc. Gold, 151. Bank rate of Sterling,
163. New York Exchange quoted at dis
count.
New York Markets.
New York. June 23, p. .w.—Cotton dull,
at 37 to 40c. Flour dull. Wheat has a de
clining tendency. Corn declined lc.; sales
28,000 bushels at 93 to 94c. Pork dull; sales
at §81.37 to §32.25. Beef steady. Lard dull
Flour buoyant. Gold, 151 3-S.
33F“ A New Bedford dog-fish, after I
been cut completely open and relieve- L ‘ . |
intestines, and having been left exp \ ;
the sun about twenty minutes. upp n "
thrown into the water swam otl V1 - ‘, v t
to commence anew his life on the ocs ;111
“ . ! , , I
man mCalifornia has niauei •
tions to hatch sixteen thousand c ^ lC a "
steam during the coming season.