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nA,8Ein& Co.,]
i:U r SKRIES,l
A Family Journal for the Dissemination of General Intelligence, Miscellany, Agricultural, Commercial, Political and Religious Information.
MACON, GA., MONDAY, OCTOBER 22, 1866.
fVOL. 1, NO. 48
-j'KMiOKAPH
PUSHING HOUSE,
I! VM A. UF.IP <fcCo., Proprietors.
Important Correspondence—The
Trial of Jeflferaon Davis.
r i [S. Botkin
k tutors.
Trrm« of Subscription :
Weekly Telegrafh : SI 00 per
T TEi.Eon.vnr: SI -00 perannum.
' P jOB PRINTING:
...| ir attention will l>e given to the
'.' ..'i JOB PRINTING of every deacrlp-
dential election of that year, and also the rightfully or wrongfully so was a matter of
! vote for President in 1800, in the late eleven no concern as regards his conduct. The State
seceding States, will give an authentic ex- had control of liis person and the power to tTu?trtia !
liibit of the relative strength of parties, and command his service. It^did command it, of Jefferson Dari/
show the present contrast between the power- and w hentherc wa ? ao ^“1*5 Stulc f . nr otb .*
1 , .. r cr power that could step in between him and
erless conservative element of the country I ob £ dience t0 thc beb £ t . He was thus no
and the Radical revolutionists. longer master of Lis own actions. He acted
In 18C4 the popular vote for President in under the will and power of another, and
the twenty-five States balloting was as | there is no law, divine or human, that will fix
follows:
Uinor Freedmcn and their Employers—
The Lair and the Practice on the Sub
ject.
Executive Mambom,)
Washington, Oct. 6, ’66. j
Foutyth, Oct. 16, 1S6C.
Mean. Editors Telegraph:—The time is
near at hand for a settlement with freedmen
Sir—A special term of the Circuit Conrtoi the f jr tbe current var * s ioi, or
United States was appointed for the first Tuesday 1Jr current y t ar 3 ia„or.
of October, 1806, at Richmond, Va., forth* trial | 1 think it important to ci
,Voters and Atlantic Railroad}
that the members of the Lcgisla-
•jt have an opportunity of inspecting
of the State Road, the Super-
, directs that numbers of thc Senate
1 ,• of Representatives be passed over
. ] free charge until January 1st.
- jfosopoLV.—The National Banks
jiail to pay a tax t»f ten per centum
-I monies other than U. S. currency paid
?Afir counters. As a necessary conso-
lhosc institutions are compelled to
giving on deposit.or in payment of
railroad, city, county and other change
;( i0* in circulation.
noRIDA R.VILBOAD FOB SALE.—Wo
licet! in one of our Florida exchanges,
-unnceroent that the Flonda Railrotid,
. ;>< *ppurtenances of every kind, con-
• - Fornandina with Cedar Keys, will be
i t ier the hammer, in a short time.—
. ;! ie result, we believe of the failure of
jjpmiv to meet one or more require-
of thc charter made in consideration
rain priviledges granted by the State.
i Mas Gone to Rest.—A despatch
Columbia. S. C., announces the death of
1C W. Gtnns. He died, at liis residence
• ciiy, Wednesday last, after n lingering
Dr. Gibbs was an eminent physician,
r.o of the oldest and ablest journalists
South. He presided over the columns
South Carolinian for many years, and
Sunjeon-in-chief of thc State forces
Wi«nt the late war. A good man has
Lincoln, 2,223,035
is I860.
Lincoln, (Ky.) 1,364
, | mm, , . , cite the next Gen-
.... , 01 Idbiwn Davis on the charge of treasoi. It i era i Assembly’s earliest nossible attention to
upon him, under the circumstances, the re- now appears that there will be no session of that i i i . ' P
McClellan,....1,811,854 I spoDsibility of his conduct Had he refused
is i860. obedience he would have subjected himself
Combined opp. to the severest penalties, for the United
None knew him but to love lilm,
X- me named Inm buMc^praUu.’
Jlsou Frekdmen.—Thc communication
his jubjcct, to be found on our first page,
griitral interest, and should command
.]>: and earnest attention. Without fur-
(omment, we leave the writer to speak
I himself. Infinite trouble may be avoided
v knowledge of the law and strict con-
mity to its provisions. It may be well for
Legi-hitm to consider the question wbe-
in our present condition, the law for
minors be applicable to the blacks, and
haracter to secure thc latter labor and
non.
I’tiJnski .Superior Court.
■ Court 1ms been in session since Mou-
•t, His Honor Judge Hansel!, presiding.
Tuesday a representative of our paper
Ilawkinsville, who reports that there
• quite a largo attendance of suitors
i attorneys upon the Court, and a
:: -mount of business before it, which was
■: quickly and rcadidly disposed of by
.t Hansel).
ng thc lnwyers present were Killer and
n.and Giles and Warren, of Houston;
h\ of Laurens; Crocker, of Twiggs;
wd Fish, of Macon, and Cobb, Hunter,
Nbbet and Anderson, of this city.
■■ye II. Ilazlchurst, Ksq., President of
'■'.con A Brunswick Railroad, was also
’mlance upon the Court on Tuesday,
mess in which that Rond was intcr-
in eleven seceded States, to which it is alleged he owed allegi-
2,334,399 States, 891,600 | ancCi wa3 fo facto a foreign country and bad
2 TO3 354 no P ower to aflord him protection. Had it
2,’224)399 been otherwise, there might be some excuse
I —-—-— for holding him responsible in law, for he
Radical Minority, 478,955 would at least have had the privilege of toll-
The above exhibit assumes thc large Con- tion, which he did not have in the case be-
were pleasurably disappointed in the
servntive majority of the people of the coun-1 f ore us. The animt/c, therefore, can never be
try, based upon official statements, as exist- K^ 1 “ d i J ith0Ut U WCre im P OS3ible to
iug at tbc time of the late Presidential elec- “ For“h<S reasons no treason trials for con
tion, and does not include the decided con- duct in tbe late war can ever succeed, except
servative games which by a balancing of loss- upon the shameless overthrow of every es-
cs and gains foot up an aggregate of 68,760, tablished principle of law and justice. _ The
.deled to ,„e .*«,-a m J "6 ISEffBf
make a grand total ot majority against Rad- tuehc millions of people, can involve the indi-
icalism of 547,715, more than equal to one- vidual in tlip crime and gnilt of treason, is
eighth of the entire vote of 1864. both a legal and moral absurdity—nay a
The Cabinet session of Friday was unusual-1 monstrosity. And the sensible men of the
ly protracted, caused bv a consideration ot N ~ tb know J 1,is . be tru £ ,. . ,
f. . ’ „ *. _. . . , , There are two things of which we have
the case of Jefferson Davis. The opinion (al- never entertained a doubt since thc date of
ready promulgated) of the Attorney General, j Mi. Davis’ capture, viz : First, that lie never
which avers that the President has exhausted would be tried by a court of law; secondly,
all his powers towards conceding a speedy j£l at 'f tried lie could never be convicted.
„ ,. , The Advertiser, in one of its alternatives
trial to the defendant, was fully discussed, I p 0 j U f S ol ,^ we think, the real intentions of
and is now before the country. The state- the Government with regard to their prison-
ment now authoritatively put forth by Chief cr, viz: that liis life shall be allowed to reach
Justice Chase that he can trv no other causes D* 9 natural} (a false expression in this case)
. . • _ , . Item in distranchisement and disgrace.”—
prior to the meeting of the {supreme Court in That is the desicnt though the latter part of
December, dissipates all hope of a trial of I the punishment—^the “disgrace”—thank God
Mr. Davis at the November term of the Court I they have no power to inflict.
There is no evading the now confirmed fact ^’ e thought it possible ever to obtain a
... . , ° .. . tnahfor Mr, Davis, we should demand and
that nobody will assume the responsibility ot | in8istupon it( a3 due not only t0 him but to
the whole Southern people, who arc now held
up to the world as “traitors.” As matters
stand though, the best way for the Govern
ment to get out of the dilemma in which it
finds itself, is to allow Mr. Davis to be taken
Some remarks ot the Boston Advertiser, out on a writ of habeas corpus, and then dis-
with accompanying comments of the New I charged from custody on the ground the con-
York Times, on the policy of giving Mr. Da-1 stitution guarantees to him a speedy trial and
. , •? . r •„ » I the Government has not granted it. This
vis a trial before a civil tribunal, will c | will be a legal discharge, without enquiry in-
found on this page. They show the direction to tbe mer its of thc case, while it will save
of the Northern mind on the important I thc character of the Nation from the stain of
question to which they lelatc. The Boston I inhumanity, und its cause in the late war
journal would make its own bitter wrath the from a judicial decision condemning it
rule of action in thc case. It maintains that SOUTH-WESTERN CIRCUIT.
Mr. Davis lias already “forfeited his life” by Judge Clarke, of this Judicial Circuit, has
his “treason,” and the only question for thc tendered liis.rcsignation, to take effect on the
Government to consider is “whether it shall 27th instant, and it has been accepted by the
bo cut off ignominiouslv, or be nllowed to Governor. Tlic Governor lias appointed
reach it natural term in disfranchisement and I Hon. David A. Vason, ot Albany, to supply
disgrace.” In other words, it ignores the the vacancy until an election can be had, and
law altogether, in a case affecting the life of I tbc Trust has been accepted,
a citizen, and seems to think there is some- These changes neeessari y <>r' ce r t .un
, ’ , „ , other changes in the times ot holding the
how a power in the President or Congress to Courtg jn g ° me of the counties of the Circuit.
do just wliat they may be pleased to do in ^Ve arc authorized to state them as follows:
such cases, irrespective of law. Their will is, I Decatur, - - - 5tli Monday in October,
indeed, the higher law, above the Constitu- I Worth, - - - - 1st “ " Nov.
stitution and above thc courts. It repudiates I *_ *_ *. u u .*
thc great truth recognized in all civil coun-1 j ce . . . 4 tb « « •«
tries, that an act can only he treason when the I Dougliertv, - - - 1st “ “ Dec.
law pronounces it to he so, and that this .pro-1 Sumter, (adj’d.) - - 3rd “ “
sitting as Judge in this importaut case.
Potomac.
THE TRIAL GF MR. DAVIS.
nunciation can only be made on the facts le
gully ascertained. The law must make an
act “treason,” or it is not treason. Before
the world got crazy nobody would risk his
reputation by questioning this well-establisli-
NewspajJers circulating .in that District,
would do well to give the above au insertion.
From thc New York Times,
rite Trial or Jefferson Davis.
A correspondent of the Boston Daily Ad-
cd and obvious principle, without which all I vertiser, who signs himself a “Radical,” ob-
rnivArnmpna miui fnnwt tn nn I’m! I iects to subinittinsr the question ot Davis
governments must come to an end. I jects to submitting the question
Yet, a leading journal in wlmt claim, gj^to the decision of a Court and Jury.-
to be the most enlightened and law-abiding I “T<^my mind the sovereign and victorious
city in America, boldly sets it aside, and de-1 majority of the people of thc United States
dares that there is a power in this country, I are superior to the courts they have created
u™ or rT , .w 7 tlic i—a o.
courts, for the trial of human actions. In - n j c lf. Davis tried by a court, Alien
view of the recent history of the people I the ptopie themselves, in n four years’ session
among whom the Advertiser is published, I of overwhelming majesty, have already tried
and trom whom it is supposed to receive the I him, and unamnioiMlyfoundblm guilty. In
of Ilawkinsville. It is a larger and | co lor of its sentiments on public questions, they judgcd° him a traitor, deserving death.
-• nur place, fnr, than we expected to l something may be pardoned to its unreason-1 Xry him now in a peace court is to admit a
evidences of a great deal ot business, | ablcness and extravagance; but wlien anoth-1 doubt ot tlieir own rectitude in the war.—
court at Richmond during tbe present month, and
doubts are expressed whether the regular tern—
(which by law should commence on the fomth
Monday of November next)—will be held.
In view of this obstruction and the consequent
delay in proceeding with the trial ol Jefferson Da
vis under the prosecution for treason now pend
ing in that court, and there being, so far as the
President;Os inlormed, no rood reasoB why the
civil courts of the USited States are not compe
tent to exercise adequate jurisdiction within the
district or circuit in which the State of Virginia is
included, I deem it proper to request your opluin:i
as to what further steps, if any, should he taken
by the Execntive with a view to a speedy, public,
and impartial trial of the accused according to the
Constitution and laws of the United States.
I am, sir, very respectfully, yours,
, Andrew Johnson.
To the Hon. Henry St&nbery, Attorney General.
REPLY OF THE ATTORNEY-GENERAL.
Thq Attorney-General made the following re
ply:
Attorney-General’s Office, )
Washington, Oct. 12,1866. f
The President: Sir,—I have the honor to state
my opinion upon the question propounded in your
letter of tbe 6th as to what further may be proper
or expedient to be done by the Executive in ref
erence to the custody of Mr. Davis and the prose
cution for treason now pending against him in the
Circuit Court of the United States for Virginia.
I am clearly of opinion that there is nothing in
the present condition of Virginia to prevent the
full exercise ol the jurisdiction of thc civil coarts.
The actnal state of things, and your sereral proc
lamations of peace and oi the restoration of civil
order, guarantee to tfie civil authorities, Federal
and State, immunity against military eontrol or
interference. It seems to me that in this particu
lar there is no necessity for further action on tbe
part of the Executive in thc way of proclamation,
especially as Congress at the late session required
the Circuit Court of tho .United States to be held
at Richmond on tbe first Monday of May and the
fourth Monday of November in each year, and
authorized special or adjourned terms of that court
to be ordered by the Chiel Justice of tlic Supreme
Court at such time and on suck notice as he might
prescribe, with thc same power and jurisdiction as
at regular terms.
This is an explicit recognition by Congress that
the State of things in Virginia admits the holding
of the United States courts in that .State*.
The obstruction you refer to, it seems to me,
cannot be removed by any Executive order. So
far as I am aBvised, it arises as follows:
Congress on the 22d of May, 1866, passed an act
providing that thc Circuit Court of the United
States tor Virginia should be held at Richmond on
the first Monday of May and on thc fourth Mon
day of November in each year, and further provid
ing that all suits and other proceedings which
stand continued to any other time and place should
be deemed continued to tbe place and time pre
scribed by thc act. The special or adjourned ses
sion, which was ordered by tbe court to be hoi-
den at Richmond in the present month of October,
was considered as abrogated by force of this act
This lull the regular term to be boldeu on- tbe
fourth Monday of November ; and if there bad
been ns further legislation by Congress, no doubt
could exist as to the competency or the Chief Jus
tice and the District Judge of that court then to
try Mr. Davis. But on the 23d ot July, 1866, Con
gress passed an act to fix tbe number ot Judges of
:ke Supreme Court of thc United Stat< s, and to
change certain judicial circjits. Among other
changes in the circnits made by this act is a change
of the fourth circuit, to which the Chief Justice
has been allotted. As this ciiccit stood prior, to
this act, when allotted to tbe Chief Justice, it em
braced Delaware, Maryland. Virginia, North Caro
lina, and West Virginia, it was changed by this
act by excluding Delaware and adding S. Carolina.
It is understood that doubts exist whether this
change in the States composing the circuit will
not require a new allotment. Whether this
doubt is well founded or nut, it is certain that
the Executive cannot interfere; for although,
under peculiar circumstances, the Executive has
S ower to make an allotment of the Judges of tbe
upreme Court, yet these circumstances do not
exist in this case. A new allotment, if necessary
can only be made by tbe Judges of the Supreme
Court or by Congress—perhaps only by Congress.
Mr. Davis remains in custody at Fortress Mon
roe, precisely as be was held in January last,
when, in answer to a resolution of Congress, you
reported communications from the Secretary of
War and the Attorney General showing that he
was held to await trial in the civil courts. No
tbe necessity of early mental training that it
l invests the ordinary with a sound discretion
to allow, or not, disbursements for education
without an approval previously obtained. If
this education cannot be furnished in kind,
it must be compensated fer in value
wl ere there is mismanagement. The
lavr hereinbefore stated is applicable to le
gally constituted Guardians and Trustees
The case in hand is a very different one.—
Here the employer becomes an intermeddler,
a vfrong doer, a trustee in his own wrong,
seeking to discharge the functions of an of-
the law as it now affects pauper minors; par
ticularly important just now to reqncst our
people to tiptoe themselves up to a just esti
mate of the legal dignity ot thc pegro, and
to caution them to give earnest heed as to h ® is DOt commission ed. ^to, paying^out in-
whom they pay minor freedmen’s wages. discnminately to Jew or Gentile a pauper
Without discussing or enlarging upon, I minort Wa ° CS in difiance of the law and
wall advert to a tew leadin- po5nts of ]aw contempt of the court charged with its ad-
btaring on the subject matter in hand. A ny m,mstratl0D - Ignorance is no estoppel or
one can readily apply the law to the facts P lea 111 bar > and cannot be P le aded in exten-
1 uation ot the offense. The law says the
Guardian must apply these wages to the
proper maintenance and education of the
and deduce his own conclusions.
Until majority, the child remains under
the control of its father, who is entitled to
his services and the proceeds of his labor,—
This power is lost by the failure of the father
to provide necessaries for his child. These
necessaries are defined by statute to be
“proper maintenance, and three months ed
ucation annually in the nearest public school
open to Lis admittance.” Upon the death of
the father the mother is only entitled to the
possession of the child until his arrival at such
minor. This trustee, in his own wrong, says:
“I will pay it to any one who will give me a
receipt for the money expended in the pur
chase of anything I or the minor may elect”
Now, this is sowing good seed on good soil
that will germinate, and from which a rich
harvest of litigation will be garnered not
many days hence. Many planters have con
tracted with somebody to furnish proper
....,. , .. . | maintenance and to pay fifty dollars m money
an age that Ins education requires a guardi- , ... , J
. . , | for the current year s service of ploughboys
an to take possession of him; after which
the child is entitled to tbt* proceeds of his
labor without let or hindrance from parental
or other authority.
Many are now paying the wages due the
minor freedinan to the father who has for
feited his right to them by his failure to pro-
from 14 to 16 years of age. He expends it
wrongfully in any purchase he or minor may
elect. As the value of the labor appreciates
the pay must keep pace pari passu. Apply
to this wrong doer the law applicable to
veritable guardians and other trustees, and
vide Decenaries for his child, which necessa- tbem , int f cst such guardians
rics, as before stated, consist in sustenance
and three month’s education. Others are
paying them to the widowed mother, who,
under no circumstance, is entitled to receive
them, except by inheritance or bequest from
the deceised minor. Others, again, are even
paying these wages to the minor himself.
Now this is all wrong and will return some
are chargeable with on these progressive an
nual wages, to-wit: interest at seven per cent,
for the first sfx years and interest at seven per
cent, to be compounded annually at that rate
thereafter, and these insignificant sums arc
augmented to thousands by this at first almost
imperceptible progress. The trustee in his
own wrong is liable for its payment and must
day to plague the employer. It is so much reimburse b ' s self-adopted cestui que trust.—
money thrown away, and it “waxes worse I ^ be L e an esta * e I s mismanaged, the first
and woBe,” for in cases of Guardians who P^er is entitled to demand heavier damages
have been legally qualified—no settlement and the chancellor to inflict punishment for
with th3 ward shall bar the ward at any time the waste-mixing of funds-returning a dif-
within four years after such settlement and I ^ urcnt ' n ^ cres ^ from that realized conversion
the majority of the ward-from demanding of the fund3 or other malversation of the trust
a revisim of the Guardian’s accounts. He ~~ and direct a different modc of compound-
is allovcd this time to ascertain whether the and « rant P unitive damages to the claim-
Guardims has made a full exhibit of all his ant - And not ? The le S a,1 y a HP ointcd
accourts and to obtain full knowledge of his trUStee is DOt all0Wed di3bur3emcnt for llec *
legal rights. essaries without an approval previously ob-
Thismay be a serious matter and embar- tained from the 0rdinar y* Shall these wrong
rassplintcrs in the procurement of minor la- doers ’ interlo l )er3 ’ these lechers, be more
bor tlas fall and winter where the freedmen tender, y handled-receivc greater considera
and tie planters are well agreed as to the la- tioa at thc Lands of tbe law and the courts
bor aid wages on account of the law relating I which they have contemptuously defied ? If
to minors. So far as it effects white pauper I so ' wbat is the use of makin S re S ular a PP U '
minora, I have only to say that they have
never suffered from, nor been benefited by, tbe
law, because the Ordinaries have never en
forced thc mandatory provisions of the stat
ute and bound them out, unless their atten
tion was specially cited to a particular case.
cation, and being installed officially in these
| trusts ? Why all this waste of money in coun
sel fees, and advertising, and petitioning, and
swearing, and bonding, and subjecting a re
gular trustee to the harrassing difficulties in
cident to making up a correct annual return
I say it may become a serious matter for oth-1 °\ Lis actions and _ doin f! ^ a dis( l“ ict -
er, and peradventure, weightier reason.
The law has always demanded, with ex
ceeding urgency, the strictest compliance
with its very letter, from those who, by its
ed trustee can now most truthfully avow ?
The courts will most surely direct that the
funds so wasted by this trustee in his own
wrong, and the values ot three months annual
education, and parts of crops, if not to b
action was then taken by Congress in reference
to tbe place of custody. No demand has since, ....
been made for bis transfer into civil custody.— i equally vigorous in enforcing the require-
Tbo District Attorney of the United States for ments of the law,
the District of Virginia, where Mr. Davis stands
confidence and solemn judgment, have been ., . ,. , „ , ., , ,
. J ... ... paid m kind, to be most heavily compounded
entrusted with the management of it3 fidu- 1
ciary concerns. And the Courts have been
* of its size, was apparent,
did something toward extending the
-inn of the Telegraph there, and hope
i alter, a greater degree of intimacy
■ established between our paper and
■"1 people of Ilawkinsville.
letter from' Washington.
;■ ndence of the Georgia Telegraph.
Washington, Oct 14,1866.
■ 'rue definition of a Democratic, or in
word
er leading journal, in the conservative, com- I Tl,e on, y question which national self-respect
® 1 1 appears to me to admit is, what shall be done
with the traitor's forfeited life ? Shall it he
views without a word of dissent, and even cut ignominiouslv, or be allowed to reach
with an expression of inferred approval, it I its natural term in disfranchisement and dis
may well be asked, what is tbe country I grace ?”
. . , These suggestions are not without force,
coming to . though we do not think them wholly just.—
Thc Times, it will be seen, enters no pro- We drt not ^ that any doubt as to thc neccs
test against these extraordinary and danger- sity and justice of the war for the suppression I has jurisdiction to try him shall bo ready to act,
oua usuinptfons of the A,l re r.i«r, tat co^. | .fLbdlto,. I. topHcd b, Irjl.g | ^>1;^ “i iZS**
indicted for treason, has been notified that the
prisoner wonld be surrendered to the United
States Marshal upon a capias under the
indictment’ but the District- Attorney de
clines to have the capias issued because there is
no other place within the district where the pris
oner could he kept, or where his personal com
fort and health could be so well provided for:—
No application has been male within my knowl
edge by the counsel for Mr. Davis for a transfer
of the prisoner to civil custody. Recently an
application was made by liis counsel for hit
transfer from Fortress Monroe to FortLaFayette
on thc ground chiefly of sanitary considerations.
A reference was promptly made to a board of
surgeons, whose report was decidedly adverse to
tbe change, on tho score of hoalth and personal
comfort.
I am unable to ace wbat further action can be
taken on the part of the Executive to bring the
prisoner to trial. Mr. Davis must, for tho pres
ent, remain where he is, until the court which
tents itself with a simple dissent from tbe
opinion that a trial now of Mr. Davis before
| the leader of that rebellion for treason.
But it is perfectly fair to look to thc proba
ble result and effect of a trial before dc-
I would suggest that, to avoid any mis
understanding on the subject, nn order
be issued to the commandant ol Fortress Monroe
to surrender the prisoner to civil custody when
ever demanded by the United States Marshal
upon process lroiu the Federal courts.
I send herewith copy of a letter from the Uni
ted States District Attorney for Virginia, to
which I beg to call your attention.
I have the honor to be, Ac..
Henry Stasieiiy, Attorney-General.
„ , - „ a civil court, for treason, would argue a want cidimr upon subjecting him to thnt process.
. , Republican form of govern- , of a88Urance on tbe part o} thc North that it Ifbe ecu d be arraigned on change of treason
•■one which derives its powers from . rirTht ^ thc ^ ^ conv i c tedby a jury, under the charge ot a dig-
^nt of the ejovemed, properly and lc- . ,* ” . 0 c . J r . ° I nitied Court, and sentenced to the punishment
pressed. Whenever the period nr- a S a,D9t tl '°, ^° Utbern Sta . tea of 1 th ! prescribed by law, something would doubt-
. , ... r . . , * I This would bo strange indeed, if anything less have been done to vindicate the law by
t l, ar ° C " ,nj0r,t / ° fn Pe°P ,fi i nbah -1 could be strange in these extraordinary ti,ties, judicial process, and to “make treason odi-
»tmnitrv, by an unfortunate concatena-. £ Timcs . endorsement. <>**•” The principle would also be judicial-
'■ circumstances, become powerless to . .. , I lv established that an attempt to secede from I Office United Stains i
"HToachments upon tliair constitution- ! n ° wcvcr wron g u P on the point of legal ^ Uu - 0 n, supported by arms, is treason, and j District Attorney for Virginia, l
ehts by a demawoffical minority t hc ' morab * our Ncw York contem P ora ^ may be , thus the right of secession claimed by South-j Norfolk. October 8, 1806. )
■ uent tl.„„„b *’ ° :„„11,. m,mi,limn shows good common sense when it comes em States would be judicially overthrown. I lion. Jfenty Sfanbcry, Attorney-General of the
c ot, though nominally republican, , ,1 o n »other baud it must bo bomc in. United States:
:lt moment resolves itself into an Ab- to discuss the question of policy, ns invo vet ^ his conviction before a jury cannot; Sir—In compliance with your j-equost, I *ub-
■ in a trial of the President of thc late Confcd- k deemed absolutely certain—and the mit herewith the substance of the verbal state-
' "tf retrospect of tho comparative , crate States. It is evidently opposed to such chances of failure, and the effect ot failure, j ^^ t q I 0 ™ du n f y “why e no^ Jemend^a'd beciTmade
’ l!l of political parties will afford thc an inquisition, and for the reason that it be- both demand consideration. There are two Uf)(>n Ul9 m jji tary uu tliorities for the surrender
evidence to every candid and un- 1 lieves tlic law wonld declare thc object of its c . of persons who do not believe Davis „r Jefferson Davis, in order that he might be tried
r> eminence to every taninu ana un _ . „ j I wailty of treason: (1.) tlic extreme Radicals upon the indictment found against him in the
mind, tlint the once Republican persecution guiltless of the crime alleged “ llo i, () | d w ith Thnddeus Stevens that he is- United States Circuit Court at the term held at
1 Sorernmcnt, thc pride and boast of against him. And it is unquestionably right, ub lisbcd a de facto government which we y ” r l u j k J° ^ , me in . /
American, lias departed, and there has j in our judgment, even though a jury of lion- overthrew by war, and that he is, therefore, j steps for remov | B d him f ?om their custody!
Lstitutcd in its stead a centralization 1 cst Northern men could be brought to set np- only a prisoner of war and not amenable to - T h « one relates to the safe-keeping, the other to
wi.-i ... , . f And in«t l,pre the ineonaistr-ncy I our Courts as a traitor; and (2) the theoret- bis own personal comfort and health, I have
*mch it would bo a mockery and a onthetssuc. And just here the inconsistency 1.^ gece8si(mist3 who hold that acts done never had any doubt but that he would ho de-
to designate as Republican, when and trouble in which tho Government has in-1 a g,iin«r. the General Government under Stato i livered to tho United States Marshal of tho dis-
' hole destinies of the country are wield- ! volved itself by these treason trials, comes up authority cannot be punished as crimes. It ^ i 'S^'^ T *' r h ;* bon t , h d er h ^ Y e il p e “ C es, d ° d hi “
f ,a '"significant and reckless minority, i to view. They arise, not as the Times sup- is certainly possible that one ni■ more, ion_ o Bllt you CBn rcadily un aersUnd that so soon
; ibilitj ..a bltod S 7 h USS , h"5f.'^ > , Ji.5«.Vf"SSUSR
^tuatetho controlling power, all of nes of government—whether the ctates nave I cou j d be excluded without betraying a would be one of the State jails of Virginia.
' s exerted with an eye single toper- a right to secede or not, or whether they ac-I vcr y palpable purpose to pack the jury.— At Fortress Monroe all necessary precautions
^Smndiscment andpoliticalinfluer.ee, | tualiy did succeed and become in the end ! And in that event ^is would be vetyprob- P/VStote jillSTfi^
conservative element in tho mom-1 conquered territory, as alleged by the Radi- ab 'y J* c ? uitte , j’ n r K ,l-h « result ? * hal has no authority, and the safe custody of
,!■**» of JitS. to CUM. ! from tbTgrea. l.« of God, «o-
tlieir institutions and tlirir form | tioned dj human enactments in all civilized J claiming that secession iras not treason ?— Mr. Davis is now in as comfortable quarters as
^ment, from the degrading di- j countries, fixing the point of human W- Wouldnot^Uthernd«jrin e of sec^on ^ ^
i ,*■. • countability. Applied to the cose under dis- seem to have received thereby a < l ua ? 1 “ family have free access to him. He has fall op-
° f ^ 9,rCngth ’ “i CX * CU3sion > tl,a "E uraent as follows: 11 oftbe tribunkL^cl’, 0 Tfter fom ye^rf trial P °HhU tth remTeWm to one of thc
• j . ,n K the past few yeais, furnishes ters not whether a man’s fust allegiance be %var de ii ve red its august verdict on State jails, anil Ms condition, instead of being bet
as! 0D *^ e proof of the accuracy of our due to the State or to the confederation, nor the attempt of thc South to secede, and en- t^red, would, in all these respects, be much for the
M to the extinction of all the ma- whether the States have a right to secede from I forced it upon all concerned, can be made V hu counsel probably understood all this, and, I
That thc law and the Courts are both right
in thus shielding from danger and injury
those who, by inscrutable and afflicting dis
pensations of God’s Providence, are disabled
to protect themselves, will readily approve it
self to all right thinking minds—the poor
mute, the pitiable idiot and lunatic, and thc
little child whom death has deprived of its
natural protector.
against them. And if these things be not
true, and this wrong-doer be allowed disburse
ments for necessaries, he is still rendering a
very hazardous, difficult and dangerous ser
vice gratuitous'y in the preservation ot writ
ten or parole evidence of transactions cover
ing a period of fourteen, thirteen or twelve
years, &c., as the case may be—for he is al
lowed no commissions for his voluntary office
in re. Thus reasons the law.
Messrs. Editors, “ I have paced much to
weary mortal round ” of the Ordinary’s trcad-
f el,
‘'mints of Republicanism as applica- 1 the confederation or not, they did secede, and
t * or Wng form of Government.— ' erect a new government or confederation de
°*' n 8 table carefully compiled, ex- facto, and these two governments were su-
^inth r<dadvo strength ofpartiesin prone in their control over the action of theciti-,
,Ue States participating in the Prcsi- zen. He was under their jurisdiction, whether : ty.
more impressive or imposing by the confirm
ing verdict of a Jury. But it is very easy to
see that something may be done to detract
from its solemnity, by such an adverse result
as is certamlv within the limits of possibili-
think. will not be likely to take any steps which
wonld decrease tec personal comforts or endanger
the life of their client.
I have the honor to be, most respectfully, yonr
Obedient servant,
L. H. Chandler,
United States District Attorney for Virginia.
The Government becomes a father to these I and > nm sorr y t° sa y> n °f made much
helpless ones and will exact to the uttermost more 6 ro S ress i but these are my assured con-
farthing what is due its children—even unto I v ' c t' ons 88 to the administration of the law
the “pound of flesh as nominated in the I touching these premises. The legal profes-
bond”. When they come into its courts and I s 'on can bear witness that I am no nlai mist
ask for a fish, they receive a fish—tor bread— in what has been written, and if lean succeed
bread is given them—they aro not turned ' a ar °using the Legislature to the urgent ne-
empty away. The law will inspect with cess ' t y * or a speedy remedy for these griev-
most searching scrutiny whether the fish be ances i and arrest the attention of employers
fish and the bread be bread. of freedmen to the magnitude of the evils
To whom, then, must these paujier minors' consequent on overlooking them, I shall be
wages be paid ? Who can give a legal ac- glad. If I have not succeeded in either at
quittance, a proper discharge in writing, con- isropL } shall, as poor Charles Lamb said
« • , . °! -when the histrionics and Paternoster Row
firming id the employer all the immunities of l ondemncd llig favorite song) hereafter
thc-statute oflamitatious ancl furnishing him I “write for antiquity.”
prima facie record evidence that he has prop
erly expended pauper ' minor freedmen’s
wages i Identically thc same person who
could do were the pauper minor white.
The law does not protect the white pauper
minor with its right hand and the black
pauper minor with its left—they share and
share alike its fostering care.
The last of the family to notice is Master
W iliuun Davis, who goes by the name of
‘•Willy.” He is a boy of four years of a^c
with grey eyes and light hair,' and features
promising to the aquiline, like those of his
father. Ho is deaf, so that one has to shout
to him in speaking.
The fii'st place m Canada the family went
to was Chambly, a small town and military
post on the Richelieu river, about twelve
miles from Montreal. At that place they,
lived for some time in a quiet wav, almost
incognito. They next went to live in Mon
treal, and they are now in that city, in which
they may see a great deal of life if thev are
so disposed.
The two ladies spent their, time in reading
and sewing. Miss Howell would read aloucf,
while the old lady sewed, and sometimes thc
young lady sewed. They both read very
well, the old lady slowly and distinctly, and-
the younger faster and in &. pleasing lone of
voice. A good deal of what they read was.
poetry. All the news they cared to hear
about was from the South, and so they took
the Telegraph, an evening paper, very much
in favor ot ♦lie late Confederacy, and very
hostile to the United States. This sheet they
read oltcn.
Miss Howell can sing very well, and be
guiled the time on Richmond Square by sing
ing passages from operas. She is' a good pi
anist, and used a piano that was in the house
occasionally.
A few visitors came to see the family.—
They were late officers of tho rebel army, one
named Col. Johnson; a second, Col. Suther
land; a third, Capt. Richardson. All aro
men of the class of gentlemen in the South,,
and deported themselves as such im their
visits to the family of the fallen chief.
One day Miss Howell was found in tears,
and her mothertold the lady with whom they
were living, that they had received some bad.
news. They, had learned that they were five
thousand dollars less in funds than they had
looked for, and this had rendered their pecu
niary affairs very straight. Miss Howell felt
this change very much, and for some time
did not get over it. Like all women of high
spirit she could not brook fhe idea of living
ifi indigence—she had been reared in the lap.
ot luxury. It was certainly a sad misfortune
for any lady.
A short time after, the family left thc house
they were living ip, in which the charge for
living was small, to go to one where it. was ,
still smaller, alleging the poor state of their
finances as the cause of the change. They
also said they would have to discharge Mary,.,
their servant, in order to economize as much
as lay in their, power.
The next place to which the family went
was a house on Mansfield street, in the upper
part of the citj T ; but they did npt long stay
there, and then went to live in the castcndof'
the city, in a house on the north sidoof Vi
gor Square, formed by Dubord street Here
they live at the present time. The house is
a new stone one, and kept in good, neat,
style, though there is no luxury about it.
• The family go to the Church of England.
At first they went to the Cathedral, and next
to Trinity Church, which is on tho north-.
west corner of Viger Square, aud, therefore,
quite close to the house in which they now
dwell. A very good man officiates there—
thc Rev. Mr. Bancroft, who is a native of one.-
of the Northern States.
In December last, Mrs. Howell was daily
on the lockout for her son, Jefferson Howell,.
who was a Lieutenant on board thc privateer
Shanandoah; and when the telegram came
telling »f Ilia arrest at Portland, tbe old lady-
felt very sorrowful. He was coming on to-
Montreal to join the family circle, and they
looked forward to a happy reunion, with him.
in the midst, to tell of his adventures; but.
ex-Licutcnant Howell, instead of coming to-
a new home, was taken to a comfortable*
prison, there to await the fiat of the law.
Memphis Conservative.
I Memphis, Oct. 13th.—The election to-day
was quiet. Leflon was elected Mayor. Bothi
Conservative candidates were elected -to the
Legislature.
Referring to the manner in which this elec
tion was conducted on the part of the. Radi
cals, thc Avalanche says:
The annals of Sau Francisco in the palm
iest days of ballot-stuffing times would,
scarcely find a parallel in the effort of the*
Radicals to carry this county yesterday.—
Blimk certificates of registration, signed by
thc “ Registrar,” were readily given to any
one who would vote the Radical ticket. The-
Metropolitan Police garrisoned every poll,,
and gave the influence of tlieir presence and
the menace of their power to the success of
the Radical ticket. Federal soldiers voted
everywhere freely and without question.—
Notwithstanding all this, we have' triumph
ed, and have presented thc escutcheon of
Shelby to the world pure and-undefiled.
J. T. s:
From Correspondente Chicago Tribune.
Tlic Davis Family.
TnEIIt RESIDENCE IN CANADA—HOW TIL
MEMBERS LOOK.
frW*Among the passengers on. thc ill-fated
steamer Evening Star, whose names did not
appear in the published passenger list, were
Lt. W. P. Dixon of the U. S. Sixth Cavalry,
who graduated at the U. S. Military Academy
at West Point in June last;, also, Wvlde
Harding, of the late Confederate ship Shen
andoah. Hu was thc husband of Belle Boyd,
who is now in New York city.
Ottawa, C. W., Sept. 27.—After the late
war, the Dayis family, excepting Mrs. Davis
Hthcre be‘no application for letters ofl*'^ *® liv '° Canada, and they still live
„ there. At the head of this family is Mrs.
Guardianship, and a necessity for a Guardian Howcll) the mothcr ot Mrs . Davis, and with
exists, the attention of the Ordinary being M jer is, a younger sister of thc latter, who is
cited to the fact, it becomes his duty to ap- unmarried. The Davis family consists of
point the Clerk of tho Superior or Inferior tw0 bo J s and ® ne 8* r L a, l y° un gi tkc eldest
* fa boy) not being over fourteen years of age.
Courts of the county, &c„ to that trust, and it \ vith ^ Davis °thcre is a young child;, not
is in the discretion of the Ordinary to bind included in the above list,
out these minors to any fit and proper person I Mrs. Howell is a tall, stately old lady of
who will contract to furnish them with nec- aboat sixty years of age. She has brilliant
, , black eyes, good features, and looks a little
essanes, to-wit: maintenance and education. ^ e . H er lmir is gray and still
I No one else can furnish a voucher that will thick, and she wears nothing on her head.—
be admitted to record and be received in thc This gives her an air of dignity and simplici-
court as prima facie evidence of the proper Uy- 1° manner she is very affeLle and plain.
e ., . , . , | Miss Howell, whose first name is Jlargaret, is
expenditure of the minor freedman s wages I tM young lady of ab out twenty fears of
except the minor’s duly appointed and quali-1 a g e> ghe has dark eyes, good features, and a
fied Guardian. clear olive complexion, with dark browa
If the annual profits of a pauper minor’s es- i ,a ir. In manner she is pleasing, and there
and education of the minor, not even the legal . . „ . - —* - . '
representative will be allowed disbursements ■ Master Jefferson Dmus is a fine boy U about Being ill, sho had occasion to leave tbebousa.
for necessaries without an approval preciously , fourteen years of age. He is tali for Ins age, dllr j U g t (j 0 night and on returning was mis-
obtained from the Ordinary. And in another j and ' VK ^ ! nade > v;iib dark lwur, drvrk ej es,
i t.i /i—- n~A. -.x*| and goed features. His skin is a rich brown
clause ot the same section (l-,o, Code of Uko & at of all kis j^ny. H e is now ot
Georgia,) the law appears to put a higher C0 Uege in Dennoxville, Canada East,
estimate upon the more difficult of these nec- j Miss Margaret Davis is a gi:l of about eight
essaries to be furnished, most difficult by i years of age, with eyes a.- block as sloe-, and
ti,.. I black hair and good features. Her skin is a
A woman in Charleston, S. C., begged
for §80 to bury her husbaud. A benevolent
lady visited her home to take her tbe money.
In a darkened apartment lay the corpse, the
widow was ctying and everything looked very
melancholy. She left the $80 and departed,
forgetting her parasol. Returning, she found
the corpse carefully counting the money.
CST"The.disbursements of the Treasury,
on account, of tho several named Depart
ments, during the week ending the 13th in
stant, were as follows t War Department,
$.2,773,733 93; Navy Department, $835,035 ;
Interior Department, $405,658 91. Total
$4,015,317 84.
Bishops Elliott, of Georgia, Green, of
Mississippi, Quiutard. of Tennessee, and Wil-
mer, of Alabama,, are to serve at tbq conse
cration of Bishop Wiitner, of Louisiana, on
the 7th of November, in Christ’s Church, New
Orleans. Bishop Elliott will preach.
Butler is the Great Leader wno will
Imi-each tije President.—A fetter in theN.
Y. Times,.says:
General Butler is the great leader in this,
crisis, and to stand by him is to save the*
country from ruin. It is understood thafr^
as soon as General Butler takes his seat* in,
the next Congress—for his election is a fore
gone conclusion—he will move for the im
peachment of the President.
Lamentable Affair.—A young woman,
in Chester was shot a day or two ago, under
taken by one of thc occupatr.** for a burglar,
und shot twice through the body. She dbd
in about an hour afterwards and was buried
in Columbia, as wo aro informed, yesterday.
—Columbian, 11th.
_ j .• i . i niopir nqir sinci f T oou leaiunsk ajci sain is 4 wit/ I3aron ijtouckcl, tlic itus^iasi ^Iinistcr
reason of our sparse popu utnm and thescat-, ^ ^j. dke ° b at of Miss Howell, her aunt, i at Washington has been r., M- Bouis-
tered locality of our schools, even were they • ; s now at 3C licol in the convent of "The . co, an attache of the Legation, takes his placq
to admit them. So important does it deem ' Sacred Heart,” near Montreal, temporarily a- Qliarge il’A'.V.V-W*