Newspaper Page Text
THE GEORGIA WEEKLY TELEGRAPH.
o
O
^(jia fUccklq (gclegcapfr.
_y. G. Wilkins hH been cl
colmnbus, by n majority ofneir
,5, fr J. R. I«y-
I-—
T!)P j^lsUtnre of Alabama lias re-
P ’, ('(institutional Amendment by a
trt a in the Senate and OS to 18 in
IMPORTANT MEASURE IN THE
LATURE.
LF.UIS-
ot Representatives,
11 ‘
0'
T)l( . x,. w York Secretary of State given
,j, lt nsnlts of the election in that
j. lP vote for Fonton was 366,815; for
s!)> ; majority, 13,789.
n'e wish to enquire of the Associated
-»■ it happened that their patrons in
, tfere not informed of tho decision o
I (’ourt, declaring test oaths un f
.‘ n :ir-i«l * _
r Mr. Seward and the President, it ia
ilf.r in their foreign policies, and the
disclaimed to M. de Montholon
nihility for the language of the
regard to the action ot France.
ncral Sedgwick has been removed
mimand on the Rio Grande. The
;,j< removal is said to have been for-
dencrnl Sheridan, from 'Washing*
ihncral Grant, llo will probably
Washington.
& Bbuxswick Railroad.—See
I , ivcitisrinent of the Premdcnt, for pro*
f u to grade and furnish material for that
. „ ot the line lying between Brunswick
**, , -initial Point,” on the Atlantic &
, ;• Railroad.
V.'STS Cabomna and thb Amendment.
Lilith, N. C., Dec. 7.—Col. Leach, Chair-
. 0 t the Committee on the constitutional
-fs lmint. reported in the Senate to-day
k . It to the ratification of the Howard
idmcnt. ^
pjr flic Conservative Army and Navy
.. a, of Washington, which passed resoln-
in favor of negro suffrage, held a meet-
the night of the 4th instant, and re-
, , ,1 it. Tlio club claimed that the resolu*
. only passed by a portion of the
i!t oTi!KK Yankee Swindle.—The North*
r p,o]i!c haven perfect right to enforce all
ktlluM contracts against the people of
•ar South, but wc perceive that Chief Justice
lobrrtson, of New York, has decided that
jwthemers whose lives were insured in North*
i companies before the war, have not the
ji.tt to renew their policies on payment of
hock premium.
Mokk Fires in Atlanta.—The drug store
of Mr. j. -J- McCants, together with all its
otrslt, was destroyed by fire Saturday
William .Markham, owner of the
building, was fully insured. Cause: explo
it of a kerosene lamp.
Acotncr fire occurred on Monday night, by
11 number of small buildings on Broad
ttl ) Marietta streets were destroyed.
Tie Policy of tub Democratic Msu-
or Congress.—The correspondent of
:it Ift’ir York Tunes writes from Washing
ton not tho Democrats have had no formal
axs, but have nevertheless resolved, after
l .tag several informal conferences, to be
h Mligcrent than they were at the last ses-
:!.r.-hoping that the Radicals, if allowed
rope enough, will hang tlicmselvM. The
ktrst people of the country will rejoice if
t> tnticipated result shall follow.
Tn* Rionr 8obt of Tale.—The Wnsh-
~,ton Ilepublicnn, understood to be tho or-
:w of the Administration, referring to the
Meal scheme to prevent tho Southern
NUtsfrom voting at tho coming Presidential
tretion, gives tho following timely notice:
la the event that the electoral votes of those
kites would, with others, elect a President
it counted, that candidate, whoever he
might be, would bo President, or we would
tors mother revolution, more bloody per-
haps than the one we have passed through
aecsuie there would be a loyal sentiment in
the North to support tho South in her electo
ral right*.”
MERCER UNIVERbITY.
In another column will be found the ad
vertisement of this long established and pop-
alar Institution, at Penfield, Greene county,
0». The nest term begins on tiie 23rd of
.lanuary, 1867. The College has now a full
faculty, ami one that is second to none in the
State. Its President is II. II. Tucker, D. 1L,
» gentleman eminently qualified for the posi-
lion—« native Georgian, and for many years
an instructor of young men. The College is
titusted in a healthy village, that is noted for
it* morality, and for the entire absence of all
liquor vendors. This College was not closed
during the entiru war, and it now offers gra
tuitous instruction to disabled soldiers in
“fattened circumstances. It will be seen that
fits terms of tuition for others are remarkably
ehesp. Parents, guardians, and ;oung men,
“e requested to notice ita advertisement in
4is paper. ', .
THE supreme court declare test
OATHS UNCONSTITUTIONAL.
Ve learn, from a dispatch in tho Nashville
i*Ptn uf Monday, that the Supreme Court
ri the United States, on Friday last, rendered
xkeition in the cases deferred from its last
involving the constitutionality of po-
test-oaths. At that term the question
’ M exhaustively argued, and the members
“that high tribunal have taken ample time
’ deliberate. The result is, that a majority
^th« Court pronounced them uncoMtitvtion-
**> »nil thua falls to the ground the ebiefest
£*P (, f the Congressional despotism. In this
-tcinon, says the Union and Dispatch, the
^pfeme Court have illustrated tho truth
in times of civil commotion x pure and
^lightened judiciary is the safest bulwark,
,, ’ r private rights and public liberty. It is
fitting that the country should, in words,
the Court for this act, for, in our con
ation, it did but its duty; but it is entitled
,(i honor, high honor, in that it has uph-U
Constitution against vile political combi-
x»tions which everywhere else in th- whole
ot the Government seem to be • oo pow-
for successful resistance. It is stated
‘hxtfour of the Judges (the Court now being
Co ®poseJ 0 f n j ne j dissented, and that each
A bill is now pending in the Legislature
that has peculiar claims upon its favor, and
which cannot be ignored with justice, or a
proper regard for the interests of the planters
of Georgia, It comes home, indeed, to every
m»q, woman and child, in tho State, for all
were interested vitally in the oecasiou that
originated tho measure, and now to a great
degree in the object sought to Iks accom
plished.
Wc refer to the bill making an nppropria
tion to aid the city of Savannah in opening
the channel of the river Itelow the city, in or
der to accommodate her growing commerce.
The obstructions originated in the necessities
of war, and were put there not only for the
protcction.of Savannah, but of the entire peo
ple of tho State, against encroachments of the
enemy from sea. The Federal Government
has contracted for removing the cribs of stone
and vessels sunk across the channel at various
points, but the {filling up of the channel at
other points in consequence of such obstruc
tions, will still remain, and the burthen and
cost of removal has been thrown upon the
city and State.
Now,the city,though already heavily borne
down with debt, has done her full share, and
calls upon the State to protect tho general
and its own interests in the work. She has
recently bought, at a cost of some sixty or
seventy thousand dollars, a first class steam
Dredging Machine, but money is needed to
put it in operation and continue the work un
til all the accumulated shoals shall have been
removed and a fine passage way opened to
the sea.
The claim upon the State for pecuniary as
sistance is, in our judgment, perfectly just,
being founded on the following considera
tions : First, the obstructions to be removed
arc the result of military works made neces
sary for the common defence of tho people of
Georgia, and not simply the protection of the
city of Savannah. Secondly,thc entire planting
and mercantile interests of the State are pro
moted or retarded in proportion as commerce
is facilitated or restricted. A good and safe
seaport, or outlet for onr products and inlet
for our return trade, is a matter that aflects
the int;rest of every citizen. Thirdly, the
State, in its political capacity, has an invest
ment of near a million of dollars in the At
lantic is Gulf road which terminates east-
wardly at Savannah, pouring its freights to
the world abroad through the mouth of Sa
vannah river, and an obstruction there is
equivalent to an obstruction on its own great
iron highway, far it is an inevitable rule that
commerce, like water, will flow in that chan
nel where there are fewestohstructions. The
same argument applies to the great Central
Railroad, in which a largo portion of the
people of Georgia outside of Savannah are
interested pecuniarily.
For these reasons wc feel that ws can pre
sent the claims set forth in this bill with a
conscientious regard for the publia interests;
and we earnestly hope that the Legislature
will vote the aid solicited, both as an act ot
public policy and of justice to the city of Sa
vannah.
A NATIONAL CONVENTION CALLED FOR.
Ex Governor Perry, of South Carolina, has
addressed another letter to Mr. Woodward,
of Philadelphia, in which he says if a propo
sition is made by the North for the callixg of
a National Convention of the wisest and
greatest men of both sections, the South
would accede to the call without delay.
“ No danger,” says the Ex-Governor, “could
possibly result from such a gathering, as tl»c
tiaal action of the Convention would have to
be submitted to the States for their adoption,
and then ratified by three-fourths of the State
Legislatures before becoming a part of the
Constitution of the United States.”
If two-thirds of the Legislatures of the
States make applicationjfor the calling to
gether of a National Convention, it will be
come imperative on the part of Congress to
order its assemblage,’and he hopes it will be
done.
The Ex-Governor does not despair of his
country, believing, as he does, that there is
too much intelligence, virtue and patriotism,
in both sections, to permit of its final de
struction.
Governor Perry may be right in his sug
gestions, but he is premature. The time has
not yet arrived for such a convention. You
cannot mix oil and water, and the people of
the two sections are not in a frame of mind
to act fully up to thedomandsof patriotism—
at least, that is the condition of the North.
She is now crazy, a monomaniac, and her
“moon" must pass before sbe ia fit for ra
tional action on any subject. When patriot
ism takes the place ot passion, (if it ever
should,) wc may come to some understand
ing that will be safe and honorable for ail.
If straight-jackets could be put upon the lu
natics until the fit passes off, there would be
ground for hope; bat as they are at large,
with power to do as they please, there is no
telling what a terrible mess they will make
of public affairs. The country is very near
a point from which it will be impossible to
extricate it, and, what ia worse, all the sensi
ble and honest men have pad-locks upon
their lips. God help us 1 That is now the
only refuge.
Finally, we have to say about this matter
of a Convention, that if it should be called
with any expectation that the South will
agree to any further conceuitm, w« arc op
posed to the whole business. One great dif
ficulty in our present position is that we have
already yielded too much. Tiie time may
come, and very soon, when a conference be
tween the 8outh and the friends of the Con
stitution and free government ajt the North
will be desirable for the protection of those
interests; into that we will go with all our
heart.
Secretary McCulloch and Conoress.—
The Washington correspondent of tho New
York Times telegrophson the 7th: l, There
can he no doubt, at least it is felt so here in
financial circles, but that a majority of the
Finance Committee of the Senate, and of the
Ways and Means of the House, are disposed
to aide with Mr. McCulloch in such measures
os he may be inclined to propose. W hethcr
Congress will adopt them, however, is an-
ether matter."
'* LET TUE SOUTH DISMISS HER FEARS. ;
The great duty of the South now is tdstand
still and attend to her own domestic affairs.
She has far more to fear from indiscreet ac
tion, under intimidation, on the part of her
own Legislatures and people, than from tiie
power of her enemies. The Radicals know
this, and hence their blustering and bullying,
in Congress and through their pres;, with the
hope of getting us to punish ourselves. Let
us not gratify them. They have already ex
hausted their constitutional powers against
us, und if we are not masters of the situation,
we can at least quietly set at naught their
threats and bullying*. They have no further
power over us under the Constitution, and all
unconstitutional measures adopted by them
will fall to the ground as dead letters. We
have this assurance in the present temper ancl
opinions of the Supreme Court, who have the
right to set aside all their angry fulrainatlons
in the form of law.
A New \ ork contemporary presents a prac
tical view of the situation in the following
words: Even if the Radicals should! ndopt
the most extreme measure which has yet been
broached, that oi declaring the States to be
Territories and prescribing Territorial gov
ernments for them, it wonld practically
amount to nothing. The constitutionality
of such a law would he at once contested in
the Supreme Court, which is already com
mitted on that subject, and would t>e bound
by its own recent precedents. If Congress
declares the States to be Territories, or if it
assumes that the ratifications of less than
tbrcc-tourths of the wliolennmbcr will suffice
for constitutional amendments, the only con
sequence will be that the Supreme Court
will declare such .legislation void, and the
whole subject will revert into its present
shape.
The President is calm, confident and as
sured, because he has measured the power
of his opponents, and knows that they have
exhausted all their resources of hostility, ex
cept such as the Supremo Court will adjudge
unconstitutional. Congress vapors and blus
ters because it sees that it has no effectual
power, and unless it can terrify the South by
bravado, it has gone to the length of its
tether.
Bkactie8 or Emancipation.—Great suffer
ing and destitution nrc said to exist at Chat-
t inoogn. A negro was found, who for cloth}
ing had on nothing bnt a cape of a soldier’s
•unlxT nf .1 r'T.T:,' ... old over coat, and was naked from the waist
r of the Bench wdl deliver a separate u “‘ u *
opinion nr. i •< -. .1 1 11 up, and without shoes or stockings. Anold
rumn. v\e shall await their publication U F> -i i„-
Witla interest I bed-ridden freedman was discovered lying
South' we may add. is thus rid of one ' Bak t e , d an ° ld blank0t ’ hC,p ’ C88 ' In
^ to the chain that Radical despotism has j anotb - e - r V
tor her tmiavement. To the same
***** Rill be Consigned all ti
^ ‘ **t they Imre eoncc
f it * 0Vl 'rthrow the government of our
the great popular heart and orti
**•1 tuttoin tl lc Court.
GOV. PATTON’S SUBMISSION MESSAGE.
The following is the message of the Gover
nor of Al&hiuRA* referred to in our issue of
Sunday. We are pleased to ace that all the
papers of the State received up to this time,
bestow upon it unsparing censure:
Executive Dep’t., State of Ala., [
Montgomery, Dec. 6,1866. \
Gentlemen of the Senate and House of Rep
resentatives :
Events of vast importance are now trans
piring which bear with peculiar force upon
the relations which Alabama sustains to the
Union.
To these events we cannot be indifferent—
They are of so vital a character that wc should
give to them a calm and deliberate considera
tion.
As the Chief Executive of the State, I deem
it a duty under the Constitution, to express
in form, the apprehension, which yon doubt
less share with me, lest the stability of our af
fairs be suddenly brekenup.
There is an unmistakable purpose upon the
{ >art of those who control the National Leg-
slaturc, to enforce at all hazards, their own
terms of restoration.
The means they propose threaten to at once
reverse our progress towards the establish
ment of that permanent tranquilly which is
so much desired by all. To do so, is to im
measurably augment the distress which now
exists, and to inaugurate confusion, the end
of ^which no human prescience can forsce.
To-day the cardinal principle of restoration
seems to be, favorable action upon the pro
posed amendment to the Constitution, which
I transmitted to vou in my annual messago.
Upon the merits of that amendment, my
views are already known. They are founded
upon principle, and are unchanged.
Tho necessity of the case, I am now con
strained to think, is different Wc should
look our true condition full in the face.
I, therefore, recommend anew to your con
sideration this measure in the light in which
it now presents itself, or such other measure
as your wisdom may suggest. Should you
sec proper to ratify it, and our full restoration
should follow wc may trust to time and the
influence of our representatives to mitigate
its harshness. If, on the other hand, admis
sion be delayed, the warning to our sister
States may be relied upon to prevent that
concurrence on thoir part, which alone can
give the measure practical effect.
Having done all, we may then commit our
cause to a just God.
R. M. Patton.
Military Arrests.—It appears from the
following paragraph, taken from the Griffin
Herald of yesterday, that a number of highly
respectabls citizens of that place have been
arrested at the instance of the infamous in
cendiary abolitionist, Swayze, and taken to
Savannah:
Six of our citizens were arrested on Friday
nigbt last, under a warrant, as we learn, from
Commissioner Stone, of Savannah, gotten out
at the instance of one J. C. Swayze. It seems
that Swayze had been notified to leave the
place by these men, and he went off and pro
cured a military warrant for their arrest. If
Swayze ever applied to the civil authorities
for protection, we have not heard of it. We
also learn that the family of Mr. Nall were
treated in a very rude and uncivilized man
ner by the partv of soldiers who came to
mak* the arrest.' Tlio parties arrested are
Col. A. D. Nunnallv, Captain Charley Stark.
L. J. Bloodwortli, Charley Wright, Thomas
Nall, and S. Brown.
Since writing the above, we learn that the
warrant under which the arrests were made
was from Judge Erskine..
Now and TitKN.—John W. Forney, the
editor of the Washington Chronicle, is a hit
ter reviler of the President and his policy,
going the entirejlength of the extremists 01
Radicals for negro suffrage and confiscation.
But less than a year ago, this man Forney
wrote and published the following on the
game subjects:
“ The Union party cannot be a national
party if it makes negro suffrage a test. Be
longing a* that subject doc*, to the Stntr*. it
must be left to the States. To attempt to
force it on the South ia simply to embitter
tbe South, and to endanger the Union party
ia the North, for it must not be forgotten
that until the rebellion broke upon us in not
a single free State, not even in Massachusetts,
were the few colored men allowed thf-. un
qualified right to vote. Nor can you build a
national party by making the confiscation of
rebel estates 011 the plan of Mr. Stevens an is
sue or a condition.”
infamous mra?-
uu to harrus the
jgf.Iudge Alexander Walker, of New Or
leans, lias gained a verdict against Mrs. Ack-
lin. for $25,000, for services performed in sav
ing her a million dollars worth of cotton dur-
£,w* the war. Gen. Polk ordered the cotion
burned. Judge Walker, acting for Mrs. Ack-
lin. persuaded Gen. Polk to revoke tho order,
which he did. and tbe widow sold 2,800 Imies
at the highest figures. Slio offered 01 dr $500
for the service.
Sknator.—It will be seen, from our 1 |^t“ Mr. Bigelow has received a: 1 .iris,
reuort thatHon, H. V. Johnson was jester from tb* deputation appointed lor that pur-
day re-elected Senator of tho United States 1 * nH u,tt " for Mr * Lm '
for the full term commencing on the 4th
March next.
[From the New York World. 1
Territorial Government* for the
Southern States.
The South should feel neither terror nor de
pression at the growing favor with which
this wild scheme is regarded by the Republi
can party. It proves that tbe Rcpmdic.in
leaders despair of getting their heels on the
necks of the Southern people by any other
method. They perceive that there is no other
way to get control ot the suffruge and intro
duce the negroes to the ballot-box; no other
way to carry such amendments as they wish
to engraft upou the Constitution; no other
way to subject the domestic concerns of die
South to federal control. Turn and squirm
as they may thev cannot e***l > " th . e u ?v »ct
that thirteen State, stand like an immovable
barrier against every amendment to the Con
stitution which the Radicals wish to have
adopted; that tho number of States must rise
to fifty-two to overcome this opposition; and
that that number will not be reached in this
century, if ever. Hence we nee efforts already
begun in both Houses of Congress for de
grading those States into Territories, and the
Republican press everywhere wheeling into
line to march in this movement.
Tho South should take courage at this
practical confession by the Republicans that
they are reduced to their last trump, and can
win only bv a flagrant violation ol the Con
stitution. So long as the Souther communi
ties are recognized ns States, the CocstitutioD
stands between them and further egression.
Unless they can tie broken down te States,
the Radicals are check-mated, and will soon
be made to bear tbe odium ol keeprig this
dangerous question unsettled. They fcel that
it is incumbent on them to put this question
at rest some way, and finding all otliet paths
effectually closed, they attempt the deq>erate
expedient of degrading great, populousStates
into Territories, and governing them from
Washington.
The South ought to rejoice to see tte Re
publicans reduced to suen straits, because it
Is perfectly certain the attempt cannot suc
ceed, and that its failure will weaken, and
perhaps divide and demoralize the party.—
The first difficulty the Republicans will cn
counter will be in agreeing upon the details
of the Territorial bill. If the State govern
ments are abolished, other governments must
immediately be substituted; for not even the
Radicals would wish to abandon the South to
the horrors of anarchy. The negroes would
not be safe in a community of outnumbering;
whites without ths protection of some kind
of government. If the new Territorial gov
ernments should rest on universal suffrage,
the preponderance of the white population
would secure the election of hostile white of
ficers. But this is the least of the obstach s
to the suceess ot the new plan. The
civil officers of Territorial governments are
always appointed by the President, and so
long as Mr. Johnson remains in office the
Radicals would gain nothing by the substi
tution of his appointees for the Governors
and Judges elected under the State govern
ments. To be sure, he would have to send
their names to the Senate for confirmation
but all the Senate could do would be to re
ject them, and await new appointments by
the President. If the Senate kept rejecting
his appointments as fast as he made them,
the Territorial governments could never go
into operation, and the whole scheme would
be frustrated. To accept such Territorial
officers as the President would appoint would
be no gain for the Radicals over the present
system, while to reject bis appointments
would defeat the operation of tbe Territorial
scheme. The only effect of the Territorial
project would be to exchange one dead-lock
for another; the present dead-lock between
the non ratifying States and Congress for tiie
dead-lock between the President and the
Senate.
But suppose that, by some ingenious
quirk, this difficulty could be flanked and
passed, and the new governments put in ope
ration against an adverse local public opin
ion, a new dead-lock would immediately be
presented, in a constant conflict between
prosecuting officers and Southern juries.—
Laws are of no force without penalties, and
penalties can ha inflicted only after a trial.—
For the punishment of ordinary crimes and
the ordinary administration of justice, South
ern juries would doubtless give impartialver-
dicta under tho new system, as they do now.
But in enforcing the kind of laws which the
Territorial scheme seeks to introduce. South
ern juries could not be brought to agree ex
cept on verdicts of acquittal. All lawsof that
class would be a dead letter, which vain at
tempts to execute would turn into derision.
These difficulties and obstacles will be np
parent to Congress as soon as the Territorial
project begins to he discussed in a practical
view. It is contrary to ail probability that
the conflicting views which will naturally ex
ist can he so completely reconciled as to se
cure the assent of two-thirds of both Houses
to tho details of any plan of government.—
But without two-thirds of both Houses it
would be promptly knocked on the head by
the veto, tbe dead-lock appearing in a new
place.
But we will suppose that this barrier is
broken through; that tbe Territorial bill is
passed over the veto of the President; that
the new officers arc all appointed and sworn
in : and a warrant issued for the arrest of
some opposing citizen. His counsel imme
diately prosecute the officer for illegal arrest,
and if the case is decided against him in the
local court, it is appealed and the law point
carried up, by rapid stages, to the Sujireme
Court of the‘United States. There can be
no doubt whatever that the Territorial law
would bo declared null and set aside as un
constitutional, and thus the Territorial
scheme, after months of exasperating agita
tion, would be nn ignominious abortion.
NORTHERN CONTRIBUTIONSTO SOUTH ERN
ORPHANS.
We make the following extracts from a
letter recently addressed by the Secretary of
the Union Society of Savannnh (who have
charge of the education and training of
rphan boys of that city) to the President of
the Society, and do so as a mark of our re
cognition of tbe generosity that still claims a
place in the hearts of at least a portion of the
Northern people:
8AVASXAH, D*c. 7th, 1SC0.
W*. M. Wiolzt, E*q.,
President Union Society.
Dear Sir:—I be* yermissi^n^ through you. t_o make
rim
inf a
the Union Society of this city:
From Joseph 8. Fay, Em- Boston, Maas. 11
share* of stock in the Central Railroad A
From L 1 . 0 ^? Pbnd.'lCm.V Worcester, Mass
From Messrs. Garrison A Allen, New lork,
(to be repeated annually)..... -
From Hon. W. £. Dodge, N. \
From Messrs. Perkia*, Livingston A Post. N.
From Mean. Fowl* A Co., N. Y._..........._ y .
>om Messrs. Richardson. Mervin A Co., N.
rom M»hatUa'qu'C<Vmpijy; £ Y.1
.rora I>. II. Baldwin, Esq.. New lork-..-.....
From Messrs. Joote, \ehbard A Co., New
From Messrs. Liringston, Fox A Co- New
York
$1,100 00
SO 00
50 00
150 00
75 00
50 00
no 00
50 00
50 00
50 00
100 00
50 00
200 00
help
u. s.
sick negro man, unable to
iiniself, was eaten up by vermin.
pose, a gold medal and letter for Mis Lin
coln, presented by the people of Fraace :n
honor of the memory of tbe late Preaidnrt.
From ciH.’ttipai^^-BrookiymNaw
Al^^frouiiir.FiT.WiliU.^thUcUY'.--"
I have likewise received various smaller sums from
kind friends at the North and elsewhere, wlnwe name*
and residence* will be given at a future day m my
general report of receipts.
Judge W, 8. Oldham, late a Confed
erate Senator from Texas, and exile in Mex
ico, has retnrned to that State. The Hous
ton Telegraph states that the causes which
rendered his self-expatriation necessary, nave
been removed, and he will henceforward
make Houston his home, and resume the
practice of law, in which profession lie has
been justly distinguished for many years in
Ten ii and Arkansas. Judge O. is a native
of Franklin county, Tcnnesse, and one of the
oiliest men the State has produced.
General Jefferson C. Davis has ordered
a guard of ten soldiers to be sent daily over
the Memphis Branch Railroad, front Bowling
Green to the State line, to protect the train
from robber* and outlaw*.
Our Washington Correspondence.
LETTEF. FROJI “W ARWICK.”
Full
Programme for tho Fortieth Congress—The
Programme adapted—To what Measure* i»
binds tbe Members—The Mexican Question in
Congress.
WAsniNOTON, D=c- 1SG6.
It is not difficult, now, to give a correct
prognostic of what the proceeding^ of Con
gress will be this winter: and the general
line of conduct which will be pursued by the
Fortieth Congress can also be correctly fore
shadowed. The members of the Fortieth
Congress, with a few comparatively unirn
portant exceptions, have been elected. Tho
sentiments of every one of them nrc accurate
ly known. They were all elected on the Ste
vens and Boutwell platform of unmitigated
hostility towards the South. There is not a
man of them, (I am speaking, of course, of the
Republican members,) that will not support
with enthusiasm any measure whatever that
is sanctioned by Thaddeus Stevens, Boutwell,
Banks, Scbenck, Garfield, Snmnerand Wade.
Many of them are here, watching tho pro-i
cecdings of their predecessors with eagerness,
and impatient for the arrival of the 4th of
March, so that they can step at once into
their seats and begin the exercise of their
functions.
Of these new members there are not more
than about tlnrty-fivc or forty. A larger
proportion of the members of the present
Congress have been re-elected, than has ever
before happened. There are ninety or ninety-
five Republican members, holding seats in
the present Congress, who have been re-eli ct
ed, and are therefore members of the Fortieth
Congress also. Among them are, from New
York, Messrs. Ketchum, Griswold, Hurlburd,
Marvin, Loflin, Conklin, Pomeroy, Ward, Van
Horn and Van Arman; from Illinois, Messrs.
Farnswattcr, Woolbnrn, Ilarling, Ingersoll,
Cook, Brora well, Cullom and Baker: from
Indiana, Messrs. Julian, Washburn, Ortte and
Colfax; from Iowa, Messrs. Wilson, Price,
Allison and Hubbard ; from Kansas, the only
member, Mr. Clark; from Maine, Messrs.
Lynch, Perbam, Blane and Pike, being every
member tbe State has. except one; from Mass
Messrs. Elliot, Ames, Hooper, Banks, Bout-
well, Baldwin, Washburn uind Dawes,j being
every member the State has except two, in
the place of one of whom she sends Gon. But
ler; fromMd., Mr. Thomas; from Missouri,
Messrs. McClung, VanHorn, Loan and Benja
min ; from Michigan, Messrs. Beaman, Upson,
Ferry, Haw bridge and Driggs, being every
member the State has, except one; from Min-
nasota, both the present members, Messrs.
V/indom and Donnelly; from Nevada, the
only present member, Mr. Asbly; from
Ohio, Messrs. Eggleston, Hayes, Schenck,
Lawrence, Clark, Shellabarger, Buckland,
Ashley, Welken, Plants, Bingham, Eckly,
Spalding and Garfield, being every Republi
can member that the State has, except two,
out of a delegation of 19 members; from
Pennsylvania,"Messrs. O’Neil, Myers, Kelly,
Broomal, Stevens, Mercer, Miller, Koonts,
Wilson, Scofield, Moorhead, Williams, and
Lawrence, there being only five new Republi
cau members from this State; from Vermont,
Mr. Woodbridge; from Wisconsin, Messrs.
Paine, Cobb and Sawyer; and from West Vir
ginia. Mr. Hubbard. Here are eighty five
republican members of the present house, who
are also members of the40th Congress. There
are six Slates yet to bold elections, and from
these it is certain that at least six of the sit
ting members will he re elected. So that
there will he at least ninety Republican mem
bers, now in the House, who will hold seats
in the 40th Congress. When the present
Congress, therefore, passes a resolution that
the 40th Congress shall do so and so, it is
virtually the 40th Congress itself which
speaks,'and adopts the resolution.
There is perfect accord, as I have intima
ted, between the above-named ninety Repub
lican members, and tbe forty newly elected
ones. Ot the latter, so far as I have seen or
know of them, Gen. Butler is a fair specimen.
They have not acquired hi* notoriety, it is
true, but that is only lrom the want of oppor
tunity. Place any one of them in the posi
tion that Butler occupied during tho war, and
he would quite equal Butler in rapacity,
meanness, and malignity.
The caucus of the Republican membera of
Congress was held last Wednesday evening.
It was attended by every one of the ninety
members above named, besides some fifteen
others, such as, Raymond and Grinnell, who
are of no account anyhow, and have been de
servedly spurned by their own constituents.
At this caucus the Radical leaders presented
their programme for tbe action of
the present and the 40th Congress.—
It did not take the ninety by surprise.
It was no new thing to them. Each one
of the measures of which it was composed,
had been reduced to writing some days ago,
had been scrutinized by each one of the 90
and some 20 of the newly-elected members
who are here, including Gen. Butler, and had
been cordially approved by each one. The
whole programme, therefore, was unanimous
ly adopted by the caucus.
This programme pledges each Republican
member of the present and the 40th Congress,
to give his support to the following measures
1st. A bill taking from the President the
power of removal and appointment during
the recesses of Congress.
2d. A bill providing for the confiscation of
the lands and estates of a large class of the
Southern people.
3d. A bill providing that no person shall
oe admitted to tiie 40th Congress, who is not
from a State represented in the present Con
gress.
4th. A bill providing that in couuting the
next electoral votes for President, those elec
toral votes only shall be counted, which are
from States represented in Congress.
5th. A bill, providing for the establishment
of territorial governments over the ten South
ern States.
Such is the work which the dominant par
ty in the present and Fortieth Congress have
laid out for themselves to do. Will this
work, then, be accomplished ? Something
unforeseen may happen to prevent the pas
sage of these measures; but,according to all
iresent appearances, these measures will all
to passed. ’
The country will soon be startled by the
action of Congress on the Mexican question.
The Committees on Foreign Affairs in both
Houses are in favor of taking the whole afiair
out ot the hands of tho President and Sec
retary of State, and of committing it to Con
gress! It is said that both of these commit
tees, and a majority of the members of the
two Houses,, strongly condemn the action of
our Government In the matter and imrtirn-
larlv tue sending of General tdterman and
Mr,’Campbell on such a wild-goose chase.
A majority of Congress, it is said, are in fa
vor ot Ortega as President of Mexico.
Warwick.
(From tbe Chicago Times.)
The Pardoning Power.
The Constitution snys the President “shall
have power to grant reprieves and pardons
for offenses against the United States, except
in cases of impeachment.” Does this confer
upon the President power to proclaim an am
nesty to those gnilty of rebellion against the
general government? TI10 debate* in tho
constitutional convention, as well as the let
ter of Hamilton on this subject to theFederal-
ist, and the action of Washington in grant
ing amnesty to those engaged in the whisky
rebellion in Pennsylvania, are all proof that
there was no doubt in the minds ot the au
thors of the Constitution on this point. They
supposed that the clause quoted did invest
the President with ample power to proclaim
an amnesty. His authority to “grant re
prieves and pardons” is unlimited, according
to the letter of the constitution, and accord
ing to well established precedent.
Worcester thus defines amnesty: “An act
of oblivion or indemnity; a general pardon
or freedom from penalty granted to those
guilty of some crime or offence.” If this defi
nition is correct, amnesty and pardon are one
and the same thing. Tiie former is generally
used in connection with tho remission of
penalties to classes, but we think it would
puzzle a casuist to point out tho difference
between granting an amnesty to persons
guilty of political offences and pardoning
them. If the definition we have quoted is
correct, an amnesty is a general pardon f—
May not the President grant a general pardon f
There is no restriction upon his power to do
so under the clause we have quoted.
It would be useless here to reproduce the
argument of Hamilton showing the necessity
for investing tho President with authority to
proclaim amnesty, because those who now
challenge his power in the premises do so
knowing that all precedent is against them,
and that in all civilized governments that
power has been lodged with the crown or
the executive.
Mr. Lincoln, in his first proclamation of
amnesty, starts with: “Whereas, In and by*
the Constitution ot the United States, it is
provided,” and then proceeds to quote the
clause we have cited. Ho issued tbe procla
mation because he was thus invested with
the power, and because also ho dcomod it. ex
pedient. He was very poor authority with
Democrats on any question of constitutional
construction, but in this ho had unquestioned
precedent for liis action.
The pardoning power is lodged some where,
and if it is not lodged with the President,
will the Radicals point to the provision of
the Constitution investing Congress with it ?
If it is lodged with the President by the Con
stitntion, can it be taken from him by con
gressional enactment ? If it can, there is not
a single prerogative with which he isclothed
by tbe organic law of which he may not be
deprived by Congress. Again, if, by the
Constitution, his authority in tho premises is
unlimited—and such is clearly the feet—can
Congress impose restrictions upon its exer
cise ? These questions will disclose the ab
surdity of tho proposition to deprive the
President of the power. The only authority
he has in it he derives from the Constitution.
If he >s authorized to proclaim an amnesty,
Congress cannot debar from so doing. It he
is not thus authorized, there is no legislation
to prevent him from issuing one.
Minute of Point* Decided by tbe
Supreme Court.
Martin & Johnson,)
♦ vs. j- Decatur.
Blood. )
Walker, J.
1st. A cause dismissed daring tbe late war,
on the ground that the plaintiff was a citizen ot
the United States and therefore an alien enemy,
may be reinvested on motion.
Judgment affirmed;
Bower, lor Plaintiff in error. Lyon <fe Irwin,
contra.
Applicaticn for dower from
Webster
j-ln 1
A New* White House.—It is determined
to locate tho White House, and tno presiden
tial park that will surround it, about two
miles out of the city, toward the northwest.
Here the natural irregularities of the surface,
and a beautiful stream of water, will afford
every advantage to improve nature by its de
velopment in the hand of art. It i* intended
to make this spbt to the nation what Central
Park is to New York—the highest develop
ment 01 park and ornamehtal and artistic
gardenin'’. The land will < <>st about $1,500
per acre, so that half n million will secure
the land.—WojA. Cor. X Y. Keening Expreet.
Seventh District.—It has not yet been
decided who was elected to Congress in this
district on the 28th ult. Col. Little, of Gor
don and Dr. Hamilton, of Fulton, both claim
to have received n majority of the votes,
though latest accounts would seem to favor
the election at the former by several hundred
majority.
Lany Cox, et al., j
vs. >
Stewart. )
Harris, J.
The heirs at law have a right to contest the re
port of cemmissioners appointed to assign dower.
Judgment reversed.
Blandford ti Miller, Plaintiff in error. Lyon &
Irwin, contra.
Olive Simpson,
vs. i-In equity from Lee.
W. H. Robert ard wite.
1st. When the word “6aid” or “aforesaid" is
used it refers generally to tbe last antecedent, but
this may be otherwise if the context requires it.
2d. Tbe Sheriff may take tbe recognizance of an
offender confined in the fail of his county to an
swer for a crime committed in another county.
3d. A recognizance to appear at the next term of
the coart and remain there is not substantially
different from one to appear at such term and from
term to term thereafter.
4th. One accused of crime and giving bail may
indemnify his bail with property. This ia not con
trary to public policy.
5th. The wife and children of a person who has
created a lien upon bis property may secure their
interest in the same by proceeding under the insol
vent laws, without resort to equity.
Judgment modifiea.
Fred. West, for Plaintiff in error. P. J. Strozicr,
Contra.
Dudley,)
vs. v Proceeding against tenant holding over.
Love. J
Walker, J.
1st. A court of law should, in a proper case,
grant a conlinnance to allow a party who has an
equitable defence to enjoin tbe proceedings at law.
2d. If a material witness be a surety on tbe ten
ant’s bond, the Court hearing the case rhonld al
low another surety substituted,to make the witness
competent-
Judgment reversed.
J. E. Btowd, for Plaintiff in error. A. Hood,
contra.
Smith, 1
vs. (■
Bell. |
Lumpkin, C. J.
1st. A plaintiff, by paying cost, present and fu
tnre, into Court, and assigning all his interests in
the case, may become a competent witness.
2d. Such assignment may be completed by de
positing in Court the instrument, making it in the
absenoe ot the assignee, whose acceptance will be
pres timed.
Judgment affirmed.
Blandford & Miller, for plaintiff in error. Mc-
Oay ec Hawkins, contra.
Trour Superior Court.—We copy from
the LaGrnnge Reporter the following state
ment of a point of law, and report of the
scaling of Confederate money, in the Superior
Court of Troup county, Judge Warner presid-
ing:
Several points of importance in regard to
the jurisdiction of the County Court were de
cided in a lucid manner by Judge Warner.—
He held that judgment could be obtained at
the first term in the County Court in cases
where the appearance term bad been in the
Inferior Court, and the act creating it opera
ted as a notice to all parties of this change.
His Honor also held that the Judge of the
County Court had power to grant hail in ac
tions ex delicto as being thc.successor of the
lafcilui court wniclt hail jurisdiction in these
cases. Col. Dougherty ably maintained that
specific words to this effects would have been
employed had the Legislature intended to
confer this important authority; hut Judge
Warner decided it was conferred by the gen
eral expressions granting jurisdiction in all
cases where exclusive jurisdiction was not
vested in some other Court.
The attention of the Court on Thursday
and Friday was occupied nearly altogether
in adjusting Confederate claims, and from
the verdicts rendered, one will readily per
ceive that it is time wasted for the Legislature
to repudiate that class of debts, at least, as
the juries very generally discharged that du
ty for them. One claim of $7,500, with in
terest, created by taking up old executions,
was scaled to about $000. Another, given
for land, was scaled from $5,.i00 to $050.
Another note, given lor land, at lrom $10 to
$15 per acre, and which has been sold for $11
per acre since the war, was reduced to $2 per
acre—the claim being $721, with several
years’ interest—was razeed to $162. Is it not
a work ot supererogation to legislate more
for relief on this class of claims?
| jg~ It is reported in Washington that
the H'-u-e Committee on Foriign Affairs la-
voi' t' e c'a'nis of Ortega as the constitutional
President of Mexico.
[Special sp- tch t« the Baltimore Sun.]
The Bio Grande Trouble*,
American Interference—Action of Generali
Sheridan and Sedgetoiek—The Surrender of
Matamoras, Ac.
Washington, Dec. 5.—A despatch from
General Sheridan to Gen. Grant, dated New
Orleans. Nov. 27, I860, has been received,
in which General Sheridan sends the copy ot
a communication from General Sedgewick,
commanding the sub-district of the Rio
Grande. General Sheridan says: “Although
the contemplated action of General Sedge-
wick will not make any complications, still it
is disapproved by tno as against my orders,
and so far tvs I know, unjustifiable. Instruc
tions arc in possession of General Sedgowick,
that American citizens, if any are in Mata-
mnras, deserving to be called such, cannot
have their grievances settled by tbe military
authorities, but they must seek the proper
avenue, the State Department for redress.
“I very much fear General Sedgewick has
allowed himself to be influenced by Mata-
nioras shrewdness. Those who have furnish
ed supplies to Canales, to sustain him in his
acts, since they cannot have the debts ac
knowledged by General Escobedo, nor per
sonal security given to Canales, now find
some means to influence this bad judgment ca
the part of General Sedgewick.
“The act contemplated by General Sedge
wick may not Lake place, but if it does I will
regret it.
The following is General Sedgewick’s com
munication above referred to. It is dated
at Brownsville, Texas,' Nov. 23d, and ad
dressed to General Sheridan : “The condi
tion of affairs along this border, and espe
cially the state ol affair^ now existing in
Matamoras, renders it necessary for the Uni
ted States to interfere, in order that the lives
aud property of American citizens may be
protected. Canales has just declared to his
men that they must help themselves.” This
means indiscriminate pillage, robbery, break
ing open of stores, &c.”
“Canales lias of late frequently violated
the neutrality laws now existing between the
United States and Mexico, and in view of all
of these facts I deem it my bounden duty to
interfere, and shall this day demand of Can
ales the surrender of the city of Matamoras,
which I shall hold until 1 receive instruc
tions from you.”
O: tega and party rctusc to return to New
Orleans on the “St. Maty,” unless . pmpcllcd
to. General Escobedo has arrived, but as
yet has done nothing. We learn that Gen.
Sheridan has removed General Sedgewick,
who, it appears, was in command by senior-
ity ’ ,
••SOUTHERN LOYALISTS’ ASSOCIATION.”
This conclave of political outcasts, com
posed of such men as Jack Hamilton, George
Asbburn, &c., &c., who wish to form a party
out of their little corporal’s guard in the
Southern States and tbe negroes, and take
into their hands the reins of government, are
still alive in Washington, and striving for
recognition at the hands of Congress. Wo
find tho following account of their move
ments in the Times’ dispatch of the 7th in
stant :
The Southern Loyalists* Association met
to-night for consultation regarding the con
dition of the South and the duty of Con
gress. All the lately rebellious States were
represented except Arkansas and North Car
olina. Several different schemes of recon
struction were presented, and the discussion
elicited by them shows that there is great dif
ference of opinion among the members re
garding some branches of the question. They
expressed themselves unanimously in favor of
universal suffrage applied to colored men and
loyal wbises; also the opinion that Congress
would fail to do its duty if it hesitated to
declare the existing State governments in
the South nullities, and demanding of Con
gress that it shall establish new governments
through the old Union men of the South.
The Territorial theory, being advanced, met
considerable favor, and will probably be the
basis of a bill recommended to Congress by
the Association. Among other propositions
submitted was one providing that Congress
shall appoint a Commission to prepare a
Constitution for each of the Southern States,
which, after approval by Congress, should be
submitted to tbe people of the States. Tho
general drift of the meeting seemed to be to
ward a new programme throughout, and a
repudiation ol all that has been done in the
past.
Reform in Woman’s Rights Movement.
—The New York World 6aya: The women’s
Equal Rights movement is at last a move
ment in a direction that gives promise ot suc
cess. The entire platform is to be changed;
that is, instead of the usual parade on the
“ platform ” of unique, snuffy spinsters in
spectacles and bloomer costume, the whole
squad of strong-minded females, who have
been before the public and behind the age
for at least half a century, i* to give place to
an array of youth and beauty which will be
irresistible in the lobby and in tho legisla
ture. In every county in the State clubs are
now forming, and the suffrage question is
discussed by young ladies who arc just old
enough to vote or to get married. Love and
beauty are enlisted in the movement. Mem
bers ot the Legislature are to be attacked by
all the arguments of female attractions, and
the most fascinating fashions. This onslaught
will be overwhelming; the waterfalls will in-
xlicate the tide ot popular opinion; and the
spread of the Equal Rights sentiment wilt be
only surpassed by the spread of crinoline.—
When old ladies with grown-up children can
get $750 from tbe New York courts for al
leged seduction, these young ladies, who only
ask the privilege of voting, will, without
doubt, receive a speedy concession to tlieir
demand.
Disgested.—Even the New York Herald,
which has the stomach of an ostrich, is dis
gusted with the petty spite against the Pres
ident, and wild hunt after the spoils, mani
fested by the Radical Congress. It says:
The small politicians of both houses of
Congress have taken the start and secured
the precedence to their petty schemes of
spite against President Johnson, in the mat
ter of the distribution of the spoils. Wc
would remind the more sensible Republicans
of Congress, however, that, in addition to
Southern reconstruction, the revision of our
financial and taxation systems, and the recti
fication or our foreign affairs, are measures of
higher importance than these paltry schemes ‘
of party vengeance against President John
son. As tho President is defeated, and as
the two branches arc all-powerful, they should
exercise tlieir power at least with dignity and
decorum.
What Does It Mean t—a. nc -bw*> j;*.
patch has the following information:
During the past ten days there has been
unusual activity In the Brooklyn Navy Yard.
Orders linve been received to get the gun
boats Penobscot. Peoria, Oneida, Gettysburg,
Auron and Perrigon, and the sloop ot-wnf
Iroquois, in readiness for sea with all dis
patch. The Gettysburg was formally put
into commission on the 5th inst., with orders
to renort to Admiral Palmer, of the West In
dia squadron.
■ -•
John A. Logan, of Illinois, Congress
man elect for the State at large, denieatbe
statement recently published in the New
York paper* that lie is in 1 ivor of the im
peachment of the President. lie says he
hopes Congress will attempt nothing ot the
sort. This is the only sensible thing uogan
lias said or done since lie began the race for
Congress.
1ST Seven thousand dollars in gold and
silver were recently found by an old hunter,
buried in a keg, near the Mississippi river,
below Wolf Island. The treasure is supposed
o have belonged te some Confederate who
was killed during the war.