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[PROPRIETORS
;f SERIES.}
MACON, GA., FRIDAY, JUNE 28, 1867,
jEOflSIA TELEGRAPH
bushing house.
. -i. \. RS1D & CO., Proprietors.
{701. II.—NO. 31
R, SNEED,
BOYKIN,
Editors.
Terms of Subscription :
• . Weekly Telegu.uti: i»1 00
per
, p.vit.T Tklsokafh : *10 00 perannum.
JOB PKIKTIY a.
tlenter attention will bo given to the
of JOB PRINTING of every Ucscrip-
ilLROADS TO THE PACIFIC.
complete restoration—if indeed it
tver take place—it would seem to be a
at words to discuss the project of n
[l.rn lino of railroad to the Pacific coast.
:,ach a work will bo buiU.nt some future
: is a foregone conclusion, ns all the
-hern routes are impracticable. The na-
t of tho country, tho snows and ico in
wr and floods in spring and summer, all
,id a regular and reliablo railroad cont
rition with tlie Pacific over any of the
ihcrn surveys. Tho road now in opera
tor rather completed—has sixty-miles
ts track under water, «n interruption to
c ji ; t w iH bo perpetually subject. The
jmba* Enquirer has a comparative state-
which presents the subject in its true
v ; . Wo copy from an article in that jour-
_Thc Northern Pacific Railroad line was
not with a view to its advantages or
f (lor it lias none), but simply because
, North preponderated in the Government
3*»s resolved to appropriate its resources
; B oW n aggrandizement. It is very doubt-
whetlier it can make tho expenses of
riling it when completed, to soy nothin
(■ming dividends on the capital invested.
Ls hardly probable that it can even bo
r*.'.eil at all throughout tho year. The
. „ a great part of tho route will be a
krr -rrioiis obstacle to railroad operations
. winter; water and wood arc botli very
i::, and the latter will have to be trans-
: ..'l a * re at 'distance. A section of a
iintl or twelve hundred miles is irre-
iianblr barren, and can afford no local
U |o*r the road; no settlements will be
ileinit, and therefore there will always
[ jgngtr of interruption by tho Indians.—
M;he distanco from ocean to ocean is at
x thousand miles greater by this route
i« it wottkl 1>« by a railroad .from Savannah
S .n Diego or Mozatlan.
•The Southern route, on the contrary, is
ill the shortest; would pass through a
tiou now cither settled by whites or enpn-
e of settlement and improvement for tho
L !e distance; it would contribute produce
hi sdoril business for the road along its
. le route; it would never bo interrupted
rsnows, or by Indians; the travel would
r mo«t of the year bo through; a country
ahriocsaml pleasant, instead of rigorous
.'.uninviting, like tho weather and almost
(entirecountry along thoNorthen route;
i country is greatly diversified, and wood
ui water abundant Host of tho Northern
•are it incapable of great development by a
i-road. God Almighty never put His rev-
se stamp upon that region, and Unole
ci's squandered hundred of millions can*
i materially change the aspect or the ca
vities of ’ Nature. But the Southern
tre, proposed, is through a country boun-
! iily favored by Nature, and only awaiting
1 patting forth of the sluggard, band of
a to make it’ bloom and fructify like a
rn Edea. Its attainment of this destiny
sly a question of time.”
GOVERNMENT IN THE SOUTH.
RCLATIOXS Of THE CIVIL AXD
MILITARY AUTHORITIES.
Opinion of the Attorney General as
to the Powers of the Military Com
manders, and Summary of the
Qualifications of Voters.
Attorney General’s Office, )
June 12, 18G7. j
To the President —Sir : On the 24th ult.
We see, first of all, that each of these States
I is “made subject to the military authority of
' the United States”—not to the military au
thority altogether, but with this express lim
itation, “as hereinafter prescribed.”
Wc must, then, examine what is hcreinaf
ter provided, to find the extent and nature of
the power granted.
Tliis, then, is what is granted to the mili
tary commanders: the power or duty “to
protect all persons in their rights of person
and property, to suppress insurrection, dis
order and violence and to punish, or cause to
be punished, all disturbers • of the public
peace and criminals;” and lie may do this
by the agency of the criminal courts of the
had the honor to transmit foryourconsideia- State, cr, if necessary, he may have resort to
tion my opinion upon some of the questions I military tribunals. .
arising under the reconstruction acts therein . ^bis comprises all the powers given to then-.il*
!' f n cr ^ d ‘°- r \ Pieced to give my opto- "SOTSSSr claUM MaUing Jt Uie tlnly 0 ,
ion on the remaining questions.upon which 1 tb8 m jj;t ar y commander to give protection to all
the military commanders require instructions. I persons in their rights of person and' property.
First, as to the powers and duties of these I Considered by itself, and without reference to
Commanders. I the context and to other provisions of the act, it
The original act recites, in its preamble, Iis liable, from its generality, to bo misunder-
311 What sorter protection is here meant ? What
protection for life or property exist in those I v ; 0 i a t; ona 0 f the rights of persons or of property
ten States, and that it is necessary that] are here intended? In what manner is this pro-
peacc and good order should be enforced” in tection to be given? These questions arise at
those States “until loyal nnd republican State I once.
governments can be legally established.” It appears that some of tho military command-
The first and second sections divide these crs hav ? understood this grant of power as all-
Sttto.bl.lh.mim;;, «?«*«■£<£*«•
the military authority of the United States, statc> and to appo i n t other officers in their
as thereinafter prescribed, and make it the places, to suspend the legislative power of the
duty of the President- to assign from the ofB- State, to take under their control, by officers ap
cars of the army a general officer to tlie com-I pointed by themselves, the collection and dis
mnnd of each district, and to furnish him bursement of the revenues of the r State, to pro-
with a military force to perform liis duties
_ t y • . .. 1 •.* • w. *». . . , (tho agency of its appointed officers and agents,
cnforcu Ins authority Within his district. 1 w cbnu ,r e the existing laws in matters affecting
flic third section declares “that it shall be I purely civil and private rights, to suspend or
the duty of each officer assigned as aforesaid I enjoin the execution oi the judgments and de-
to protect all persons in their rights of per-1 frees of the established Stato courts, to interfere
son and propertv, to suppress insurrection, 1’ D ordinary administration of justice in. tho
disorder and violence, and To punish, or cause State courts, by prescribing now qualifications
pencil arm. criminals, (incl to this end, lie may I ^ contracts, giving protection to one party
allow local civil tribunals to take jurisdiction by violating the rights of tho other party,
of and try offenders, or, when in hisjndg- I feel confident that those military officers, in
ment it may be necessary for the trial of of- aiI , *hoy have done, havo supposed that they
fenders, he shall have power to organize mil- iad full warrant for their action. The.r oduca-
• . . r -, , - ° .. . I tion and training have not been oi tbe kind to
itary commissions or trilnmals for that pur- fit tUcm for th | delicate and difficult task of
pose; and all interference under color of | giving construction to such a statu to as that now
State nutii irity with -tlio exercise of military under consideration. They require instruction
authority under this act shall be null and and nearly all of them have asked for instruc-
void ” I tion, to solve their own doubts, and to furnish to
The fourth section provides “that all per- J , « n a aafo ground for the performance of their
sons put under military arrest by virtue of Vhere can be no doubt as to the rule of con-
tlus act shall be tried without unnecessary I struction according to which wo must interpret
delay, and no cruel or unusunl punishment] this grant of power. It is a grant of power to
shall be inflicted ; and no sentence of any [military authority, oyer civil rights and citizens,
military commission or tribunal hereby an-1 in timo of peace. It isancwjuriadiction, never
tborized, affecting the life or liberty of any I granted before, by which, in certain particulars
i i j and for certain purposes, the established pnnci-
person, shall be executed until it is approved , e Ulat the bU I U it shall bo subordinate to the
by the ofticer inrommamJ of the district, and 1 cl * v ji authority is reversed. Tho rule of con-
tlie laws and regulations for tlie government | structioa to be applied to such a grant of power
of tlie army shall not be affected by this act, is thus stated in Dwarris on Statutes, pago 652:
except in so far ns they conflict with its pro- “A statute creating a new jurisdiction ought to
visions: Provided, That no sentence of death I bo construed strictly.”
3oiks os the Situation.”—With the
ption of a few “apostate rebel” oilice-
-era. Die press of Georgia has, since the
* of the war, almost alone, borne on its
ilderstlm responsibility of advising the
',’ile as to the best course to bo pursued i .
J i tyingc:icumstances in which the fortunes
li ar and plans of Radical persecution Imre
p®d them. With the exception of one
f" r from tliut fearless cliampion of truth
the people's rights, Governor Jenkins,
|i which nearly cost him his official head,
. old statesmen of Georgia have been, from
r - cause or another, silent. We rejoice
|-?h to see that tho ice is broken. The
A. II. Uill has commenced a series of
in the Augusta Chronicle, in which he
■L^sta to discussion the situation nnd duty.
1 dill is a scholar, a deep thinker, and a
f-M. We have no clear idea of the con-’
■ 35 to which his argument will lead,but
I oise to see, from his first article, which
l^produee this morning, one very good
lie is against revolution, to please
I or work out any temporary expedi-
B'-sil for standing by tho constitution and
l ament of our fathers. Wo shall copy
Icicles as fast as they appear, and would
them,not to tho fears or pusdonsjmt
■'* sober, considerate, nnd manly judg-
j-of the people.
P* fion. Hiram Warner entered upon the
P 11 !?® of his duties as Judge of tho Su-
Psfourtou Wednesday last.
■ s'-Utcnts ir Office.—Gen. Pojio notifies
I' P*tlon, ot Alabama, through Gen.
that all vacancies in civil offices now
c ?> or which may occur hereafter, h
ttttl by the proper officers to the Ex 1 • u-
. P*ttment of the Statu in the ' .sto-
•' "isnntr; and that a list of such vacan-
'*ttis alsnintcly necessary for the in—
^ ! °f the people should be filled, may bo
^•onicated to the District ODnimonder in
I '‘ !t i accompanied with the names of
parsons to fill those vacancies »s tlie
I -nor may think proper to recommend,
io tnind that the person so recom-
®Bst be exempt .from the disqualifi-
li -s Under the provisions of tlie 3d sec-
■ 'be constitutional amendment;
^ darnura bns bought a house on Fifth
d * for $100,000.
ricd into effect without the approval of the I especially of those who teach as that, in giving
President.” . | construction to single clauses, we must look to
The fifth section declares the qualification the context and to tho whole law, that general
of voters in all elections, ns well to frame the clauses are to be controlled by particular clauses,
new constitution for each State as in tlio and , tba , t 3Ucb construction is to bo put on a
elections to be held uoder the ptorisloonl
government until the new State constitution j nan0 y i j proceed to tho construction of this part
is ratified by Congress, and also fixes tlie 0 ftho act:
qualifications of the delegates to frame the To consider, then, in the first place, the terms of
new constitution. ] the grant. It is of a power to protect all persons
TIip eK-tli section nrovides “that until tlie I la their ri K bt8 of l ,crson on d property. It is not n
Alie sixtn section proviucsiiiaiunuiuie erto creatcnew rights, but only to protect
people of said rebel States shall be by law th 0se ^ hich exist and are established by the laws
admitted to representation m the Congress of | by which these people five. It is a power to pre-
tlie United States, any civil governments serve, not to aorogate; to sustain the existing
which may cxi3t therein shall be deemed pro- frarao of social order and civil rule, and not a pow-
.. i ciK to A cr to Introduce military rule m its place. Ineffect,
visional only, and in all respects sulyect to j j s a p 0 ij Ce power, and rho protection, here in-
thc paramount authority of the United tended, is protection of persons and property
States at any time to abolish, modify, control [ against violence, unlawful force, and criminal in-
or supersede the same; and in all elections fraction. It is given to meet the contingency rc-
to «nv office under such provisional rr OYCrn— I cited in the preamble, of a want of adeitu&te pro
to any o ucc uncier suen provisional govern tection for urc and property,” and the necessity
ments, nil jicrsons shall be entitled to '°te, | a ] g0 recited, “that peace nnd good order should
nnd nono others, who are entitled to vote un-1 b e enforced.”
dcrtlie provisions of tho fifth section of this This construction Is made more apparent when
net • nnd no ner-ou shall be eligible to nnv wc look at the immediate context, and see in what
act, and no person si aii uc eUoimc to any mo aud by what ftscn cy, this protection is to be
office under any such provisional O overn I secured. This duty, or power, of protection is to
ments who would be disqualified from hold- be performed by the suppression of insurrection,
ing office under the provisions of the third | disorder aud violence, and by the punishment,
article of said constitutional amendment.” either by the agency of the State Courts, or by
The duties devolved upon the command- a^d It U
ing general by the supplenientary act relate dcc i are d that all interference, under color of 8tatc
altogether to the registration of voters and ] authority, with the exercise of this military
the elections to be held under the provisions authority, shall be null and void.
0 <- that act. And as to these duties tlicv are Tbe auxt succeeding cisnse provides fora speedy
, , ■, ... ,, I trial of the offender, forbids the infliction ot cruel
plainly enough expressed iu the act, and it is I ^ unusua i punishment, and requires that sen-
not understood that any question not hereto- tcnces ot these military courts, which involve the
fore considered in the opinion referred to, liberty or life ol the accused, shall have tbeap-
bas arisen or is likely to arise in respect to proval of the commanding general, and, as to a
them. My attention, therefore, is directed to s b e e ^ c ^.° c f c ^ t u h ’ ^ api,roval of tbc i ’ re8ldent >
tho powers and duties of the military com-J All these special provisions have reference to the
manders under the original act. ] preservation of order,and protection against vio-
AVe sec clearly enough that this act con- fence and crime. They touch no other department
two distinct fr OYcrniucnts ill ciich of I orfunction of tbo civil administration, save only
templates t \o (list| its'erlmln&l jurisdiction, and even as to that the
these ten States, the one military, the .other ^ mca „j nj . 0 f t bis act is, that it is not i.o be in-
civil. The civil government is recognizer as terfered with bv the railltao’ authority, unless
existing at the date ol the act. The rnilita- when a necessity for such interference ma} happen
rv ffovernment is created by the net. Both to arise. , . , ,,
' “ Kath r a tn ronfiniiA I see no authority, nor any shadow of authority,
are provisional, and both .ire t<> cont nue j nter rerence with any other courtsoraay other
until tlie new State constitution is Iramea jurisdiction Hian criminal courts in the exercise or
nnd the State is admitted to representation criminal jurisdiction. The existing civil authority
in Congress. When that event takes place, in all its other departments, legislative, executive
iij ib* nrADuimviI BGVfirniiicDts fire to I Judlcjili it loft tiitwiCDBiL i here isno jirovi®
both Hi *e i « . iot?nnnf tin- ret fhkmil | s *on f even under the plea of necessity, to establish,
cease. In contemplation of this act, this mil jhynjjijtgry authority, courts or tribunals for tho
itary authority and this civil authority are trial of civil cases, or for tho protection of such
to be carried ou together. The people in civil rights of person or property as come within
theso States are made subject to botli, and the cognizance of civil courts, as contrauistin-
K„ . r, l, ;n tl,,ir resnretive iurisdic— I guished. lrora criminal courts. In poln: of fact
must obey both, in tliur respective jurisu c j lliere m n0 | 0Unda ti on for such a grantef power,
tions. . I lor the civil rights act and the frecdmenV bureau
There is, then, an imperative necessity to flcfi neither of which !s superseded by this act.
define as clearly as possible tlie line which made ample provision for the protection of all
inrP'/lirf ions and the ex- merely civil rights where the laws or courts of
separates the two “ nct tUC CX these States might fail to give full, impaitlal pro-
act scope of the authority of each. tection.
Now as to the civil authority^ recognized j |j nd no authority anywhere in this act for the
bv the ret as the provisional civil govern- removal, by the military commander, of the pro-
met it eOv.jretl every department of civil per officers of a State, cither cxccntiveor judicial,
■ 5- (. „.,h nf ti.Aso St-itpc Tt li-id or the appointment ot persons to their places.—
jurisdiction in each ol thc.e Btatcs. I Mothimr sliort ol an express grant cr power
all tba characteristics and powers of a state „. ou ] d justify the removal or the appoii.tment of
government legislative, judicial and execu- j £UCb a n officer. There is no such grant oxpress-
tive and was in the full and lawful exercise cd or even implied. Outae contrary the act clcar-
r ’ii <• a--. -n pT/unt onlv that it wa j ly enough forbids it. Tlio regular Male officials,
of all thtsc TKiwers, cx q „ . f J n ]y elected and qualified, are entitled to bold
not entitled to representation .is a ottteotj^jj,^^ They, too, have rights which the
the Union. This existing government is not m jm ar y commander is bound to protect, not au-
sanriclc ; it i* recognized more than once by tliorized to destroy.
the act It J not ?u any one of its depart- We find in the conceding clause of the sixth
tlie net. ii j functions re- section of the act that these officials are reeog-
ments, or ns to nnv one ot its tuna ., | nized. and express pruvUloa is made t* ptfpetsah)
jiealed or modified by this act, save only in t ) R . w _ j s enacted that “in all elections to ant
tlie qualifications ol voters, the qualifications j O flico under such provisional governments, all
JnTiq ( litribloto ofiicc. the manner of persons shall bo entitled to vote under the provi-
OI ])> isuus ” . , r If, ^ .k. 4M, .Mllfi* nf thh net- and no ncr-
inander can oust one from his office he can oust
them all. If he can fill one vacancy he can fill
all vacancies, and thus usurp all civil jurisdic
tion into his own hands, or the hands of those
who hold their appointments from him and sub
ject to his power of removal, and thus frustrate
the very right secured to the people by this act.
Certainly thU act is rigorous enough in the pow
er which it gives. With all its severity, the
right of electing their own officers is still left
with the people, and it must be preserved.
I must not be understood as fixing limits to
tho power of the military commander in case of
an actual insurrection or riot It may happen
that an insurrection in one of these States, may
be so general and formidable as to require the
temporary suspension of all civil government,
and the establishment of martial law in its
place. And the same thing may be true as to
local disorders or iiot in reference to the civil
government of tho city or place where it breaks
out. Whatever power is necessary to meet such
emergencies, the military commander may pro
perly exercise. I confine myself to the proper
authority of the military commander where
peace and order prevail. When peace and order
do prevail, it is not allowable to displace the
civil officers and appoint others in their places
under any idea that tho military commander
can bettor perform his duties and carry out the
general purposes of the act by the agency of
civil officers of his own choice rather than by
the lawful incumbents. The act gives him no
right to resort to such agency, but does give him
the right to havo “a sufficient military force” to
enable him “to perform his duties and onforco
his authority within the district to which ho is
assigned."
In thesuppression of insurrection and riot, tho
military commander is wholly independent of
tho civil authority. So, too, in the trial and
punishment of criminals and offenders, ho may
supersedo the civil jurisdiction. His power is to
be exercised in these special emergencies, and
tbo means are put into bis hands by which it is
to bo exercised; that is to say, “a sufficient mili
tary force t> enable such officer to perform his
duties and enforce his authority," and military
tribunals of his own appointment to try and
pnnish offenders. Those are strictly military
powers, to be executed by military authority,
not by tho civil authority or by civil officers ap
pointed by him to perform ordinary civil duties.
ot ery lawyer, what power or discretion belongs 1 the lifo of the accused that it needs also the approval
to the court having jurisdiction of any of these I of the President.
offences to sentence a criminal to any other oi
diiterent punishment than that provided by the
law which vests him with jurisdiction ? The
concluding paragraph of this order (No. 10) is in
these words : “Any law or ordinance heretofore
in force in North Carolina pr South Carolina in
consistent with the provisions of this general
As to crimes or.offences against tho laws of the Uni
ted States, the military authority can tak* no cogni
zance of them, nor in any way iuterfero with the reg
ular administration ofjustico by theuppropriatc fed
eral courts..
. In the opinion heretofore given upon other ques
tions arising under these laws, I gave at iarge for
your consideration the grounds upon which my con
clusions were arrived at, intending thereafter to state
order are hereby suspended and declared mope- j these conclusions in a concise and clear summary. I
rative." Thus announcing not oniy a power to [ now proceed to execute that purpose, which is made
especially necessary from tho confusion and doubts
announcing not only a power
suspend the law3, but to declare them generally . ,. - . ,
inoperative, and assuming full powers of legis- , havc U ,scn u ( p P n , t £ at °P ,mon , }? the public
lotion uu,omii;i..o 1 ° mind, caused In part by the errors of the telegraph
lation by .h® military authority. and the press in its publication, and in part by tho
The ground upon which these extraordinary inaptitude of the general reader to follow carefully
powers aro based is thus set forth ia military j the successive and dependent steps of a protracted le
order No. 1, issued in this district: “The civil Balopinion,
government now existing in North Carolina and SUMMARY—tvno ARE entitled to kegis-
g..oia 1 j • _n I
Wote3 on the Situation—xvo. 1.
BY B. H. HILL.
South Carolina is provisional only, and in all
respects subject to tho paramount authority of
the United States at any time to abolish, modi,
fy, control or supersede the same.” Thus far
tko provisions of the act of Congress are well're-
cited. What follows is in these words: “Local
laws and mnnicipal regulations not inconsistent
with the Constitution and laws of the United
States, or tho proclamations of tho President, or
with such regulations as are or may be prescri
bed »n the orders or the commanding general,
are Sereby declared to be in force, and in con
formity therewith, civil officers are hereby au-
TRATION.
1. The oath prescribed in the supplemental act de-
finea all the qualifications required, aud every person
who can take that oath is entitled to havo his name
entered upon the list of voters.
2. The board of registration havo no authority to
administer any other oath to the person applying for
registration than this prescribed oath; nor to admin
ister. any. oath to any other person touching the
qualifications of the applicant, or of the falsity of the
oath so taken by him. Tho act to guard against falsity
in the oath provides that, if false, the person taking
it shall bo tried and punished l'nr perjury.
No provision is made for challenging the qualifica
tions of the applicant, or entering upon any trial or
tltortked to continue the exorcise of their proper investigation of his qualifications, either by witnesses
functions, ,and will be respected and obeyed bv or „ an J’ other form ot proof,
the hhnhitnnDi" J S. As to citizenship or residence.
ri.1 , , , I ItThe applicant for registration mast be a citizen of
TAS construction of .his powers under theact of Jh e state and of the United States, sind must be ares
Congress places the military commander on the [ ident of a county included in tb« election distriot.-
same footing as the Congress of the United States. I lie may be registered if he has been such citizen for
It sssnmes that “the paramount authority of the a period less than twelve months at tho time he ap-
United States at any time to abolish, modily, cpn- | P.hes for registration, but he cannot vote at any elec-
troL or siiDCrscdo ** vpstpd in liiin ik fnllv ns it I unless hia citizenship hits then extended to tho
r aapgraeao, is TBBteain mm as rally as it |ull terln ol - on eycar. As to tuch a person, thoexact
is reserved to Congress. He deems himself a re- i cn gth ofhis citizenship should be noted opposite his
presentative of that paramount authority. He | name on the list, so that it may appear on the day of
puts himself upon an equality with the law-making j election, upon reference to the list, whether the full
power of tho Union, tlie only paramount authority I term ofhis citizenship has then been accomplished,
in oar government, so far, at least, 11s the enact- 4- An unnaturalized person cannot take this oath,
ment ot laws is concerned. He places himself on n,lpn w, ' n beennatr
higher gronud than the President, who is simply
ail executive officer. He assumes, directly or in
directly, all the authority ot the State, legislative,
executive and judicial, and in cflect declares “I
am the State.”
I regret that I find it necessary to speak so
plainly ot this assumption of authority. I repeat
no other proof of naturalization can bo required from
him.
5. No one who is not twemy-ono years of ago at the
time cf registration can take the oath, for he must
swear that he has hen attained that age.
C. No one who lias been disfranchised for participa
tion in any rebellion in the United States or lor felony
committed again.-t the laws of the United States, can
safely take this oath.
The actual participation in a robe lion, or the actual
, JR „ what l have heretofore said, that I do not doubt H-J
It these emergencies do not happen, if civil order 1 that all these orders have been issued under an commission of a felony, does not amount to dbfran-
is preserved, and criminals are duly prosecuted by j honest belief that they were necessary or exped- I chisemcnt. The port of disfrauchisemont here meant
thelrcgular criminal courts, the military power, lent, and fully warranted by the act of Congress, is that whichdeclared by uw passed *.y competent,hu*
though present, must remain passive. Its proper There may be evils and mischiefs in the laws which | f. horit y»°r
al government, nor docs tlio act authorize the act .’ ■ m
militnrv-uiflioritY to change it. The power | This provision not only recognizes all the ofn-
military .turiioruj 1 . . a leers of the provisional governments, but, in case
of further changing it is reserved, not rant c« yery t . le!l| . |y , )oiuts out | 10 vr they are
C(1 ; a^cTit is reserved to Congress, not acie* to . an( ^ t j lut happens to be in the usual
•Mted to the military commander. # way, by the people, and not by any other agency
° Congress \vas not "sati^tied with the organic or any other power, either State or KcdiTd,civil or
law, or constitution, under it imposaihta under the provisions of
government was established. T lut cons.nu- ^ act comprehend such an official as a gov-
tion was to he changed in only one particii- l„ or 0 fonc of these States appointed to office
Ins to make it acceptable to Congress, and K one of these military commanders. Certain
that was in tho matter of the elective frail- Jv be j* not the governor recognized by ilia la
rhise The purpose, the sole object of this o’l' the State, elected by the people _of_ the State,
*, to effect that change, and to effect it I and clothad aaaueh
lunctiou is to preserve the peace, to act promptly
when the peace is broken, nnd restore order.—
When that is done and the civil authority msy
again safely resume its functions, tho military
power becomes again passive, but on guard and
watchful.
■ This, ia my judgment, is the whole scope ol the
military power conlerrt d by this act, and in arriv
ing at this construction of the act, I have not foasd
it necessary to resort to the strict construction
wfii'di is allowable.
What has been said indicates my opinion as to
any supposed power of the military commander
to change or modify the laws in force. The mili
tary commander is made a conservator of the peace,
not a legislator. His duties are military duties,
executive duties, not legislative dalles. He has
no authority to enact ordcelaroancw code ol laws
for the people within his district under any idea
that he can make a better code than tho people
have made for themselves. The public policy is
not committed to his discretion.
■The Congress which passed this act undertook
in certain grave particulars to change these laws,
and these changes being made, the Congress saw
no further necessity ol change, but were content
to leave all the other laws in fall force, bnt sub
ject to this emphatic declaration, that as to these
awsacdsnch future changes as might be expe
dient, tho question of expediency ana the power
to alter, amend or abolish, was reserved for “the
paramount authority of tbc United States at any
time to abolish, modify, control or suoeraede the
same.” Where, then, does a military c'ommander
and his authority “to abolish, modily, control or
supersede” any ono of these laws ?
The enumeration of the extraordinary powers
exercised by the military commanders ia some ol
tbc districts would extend this opinion to an un-
rvtisotiuMc length. A lew instances imi.-t suffice.
In one of these districts the Governor of a State
has been deposed under a threat of military force,
aud another person, called a Governor, has been
appointed by the military commander to till his
place. Thus presenting the strange spectacle of
an official entrusted with the chief power to exe
cute the laws of the State whose authority is not
recognized by tho laws he is called upon to exe
cute.
In the same district the judge of one of tlio crim
inal courts of the State has been summarily dealt
with. The act ol Congress docs give authority to
the military commander, in cases of necessity, to
transfer the jurisdiction of a criminal court to a
military tribunal. That being the specific author
ity over the criminal courts given by the act, no
other authority over them can be lawfully exer
cised by the military commander. Bnt in this in
stance the judge has, by military order,been ejected
from his office, and a private citizen has been ap
pointed judge in his place, by military authority,
and is now in the exercise ol criminal jnrisdictlon
“over all crimes, misdemeanors ana offences,”
committed within the territorial jurisdiction ofthe
court. This military appointee is certainly not
authorized to try any one for any ofience as a mem
ber ol a military tribunal, and he has just as little
authority to tty and punish any offender as a judge
of a criminal court 01 the State.
It happens that this-private citizen, thus placed
ou Uh bench, is to sit ns the sole judge In a crim
inal court whose jurisdiction extends te cases in
volving the life of the accused. If he has any ju
dicial power in any case, he has the same power
to take cognizance of capital cases, and to sen
tence the accused to death, and order his execu
tion. A strange spectacle 1 where the judge and
criminal may very well “change places;" tor if tbo
criminal has unlawfully taken tile, so too does the
judge. This Is the inevitable result; for the only
tribunal, the only judges, if they can be called
judges, which a military commander can consti
tute and appoint nndcr this act, to inflict the
death penality, is .1 liiiritaiy euurt composed ol a
board, and called in the acta “military commis
sion."
I see no relief for the condemned against the
sentence of this agent ofthe military commander.
It is not the sort of court whose sentence of death
must be first approve ! by tie commander and
finally by the ITe.-itlent ; lor tint is allowed only
where the sentence is pronounced by a “military
commission.” Nor is it a sentence pronounced
by the rightful court of the State, but by a court
and by a judge not clothed with authority under
the laws of the State, but constituted by the mili
tary authority. As the representative of this mili
tary authority, this act forbids interference “under
color of State authority” with the exercise of his
functions.
In another one of these districts a military or
der commands tho Governor of the State to for
bid the rcaS3emb!iag of tho Legislature, and
thus suspends tho proper legislative power of
tbo State. In the same district an order ha3
been issued “to relieve tho treasurer of the State
from the dutios, hf nds, books, papers, <kc.,apper
taining to hi3 office,” and to put an “assistant
quartermaster of United States voluntoera” in
place of tho removed treasurer; the duties of
which quartermaster-treasnrerare thussuinmed
up: He is to make to the headquarters of the
district “the same reports and returns required
the sentence ofthe court which tried him for the crime.
No law of the United States has declared the penalty
of diefranchi*ementfor participation in rebellion a one.
Nor is it known that any such Jaw exists in either • f
these ten States, except perhaps Virginia, as to which
State special instructions will be given.
T. As to disfranchisement arising from having held
office followed by a participation In rebellion.
This is the most important part ©f the oath, and rt,
quires strict attention to arrive at its meaning. I deem
it proper to give the cxaot words. Thenppiicant must
swear. r affirm as follows:
That I have never been a member of any State legts
these people have made for themselves through
their own legislative bodies, which require change;
bnt none of these can be so intolerable as the evils
and mischiefs which must ensue lrom the sort of
remedy applied. One can plainly eec what will he
the Inevitable contusion and disorder which such
disturbances of the whole civil policy of the State
must produce. It these military edicts are allowed
to remain even during the brief time in which this
provisional military government may be in power,
the seeds will be sown lor such a future harvest of. .
litigation as has never been inliictod upon any I laturc, nor he’d any executive or judicial office in any
other neonle I State, and afterwardes engaged man insurrection or re-
“ , * l n '-.- . . I bellion w-ainst the United fctates, or given aid or com-
There is, in my opinion, an executive duty to cne mies thereof; that I have never taken an
be performed here, which cannot safely be | ontli ns a member of Congress of the Uoitei States, or
avoided or delayed. For notwithstanding the | a.s a member of nnyState legislature, ores an executive
paramount authority assumed by these com- or judicial officer of any State, to support the Constitu-
manders, thby are not, even as to their proper or'
executive duties, in any sense clothed with a. J aid and com tort to the enemies thereof."
paramount authority. They aro, at last, subor- [ b Two elfemoufs must concur in order to disqualify a
dinato executive officers. They are responsible I ptr.-on under these clauses: 1’irst, the office and offi-
to tho President fo. the proper execution of their I vial oatlito support the: constitution or the United
duties, aud upon him rests thofinal responsibili
ty. They aro hia selected agent3. His duty i3
not all performed by electing such agents as he
deems competent; but tho duty remains with
him to see to it that they execute their duties
faithfully and according to law.
It is true that this act of Congress only refers
to tbo President ia the matter of selecting and
appointing these commanders, and in^the matter
of tbeir powers and duties under tho law the
act speaks in terms directly to them; but this
does not relieve them from their
states: Second, engaging afterwards in rebellion. Both
must exist to wurk disqualification, and must happen
in the order of time mentioned.
A person who h-s held an office and taken the oath
to support the Federal constitution and has not aficr-
ward^engaged In rebclion, 13 not disqualified. So too, n
person who lias engaged in rebellion, but has not there
tofore held an office and taken that oath, is not disquali
tied.
S. Officers of tho United States.
As to ttiese tlio language is without limitation. The
person who has at any time prior to tho rebellion held
, ... . nn office, civil or military, mder tho United States, and
rem; but this h as taken an official oath to support the constitution of
responsibility I u '„. nr,tod Stat-s, ■> subject to disqualification,
te tho President, nor does it relievo him o. Military officers of any State prior to the rebellion
from the constitutional obligation imposed upon ^"“jV^SuffilXthSfs 0 ^say, officers of incor
him to see that all tho laws bo faithfully execu- | pn^tod cities, towns and villages such as mayors, alder-
ted. - I men, town council,police, midothercity or town officers,
It can scarcely bo necessary to cite authority ore not subject to dlsqualifica/icn.
for 80 plain a proposition as this. Nevertheless, U. Persons who have, prl>r to the rebellion, been
as wc have a recent decision compiotely in point,
I may as well reler t > it. ' •
tion. But those who have been members oijconventions
framing or amending the constitution of a State, prior
to the rebellion, are not subject to disqualificat on.
U\ All the executive or judicial officers of any State
who took an oath to support the Constitution of the
United States are subject to dfi qualification, and it,
these I include country officers, as to whom I made a
reservation in tho opinion heretofore given. After
full consideration, I have arrived at the .conclusion
„—^ ■ |—i-. that they are subject to disqualification, if they were
President in tho exercise ot tho power to see that the required to take as a part ol theirofficial oath too oath
laws aro faithfully executed, and among those laws I to support the Constiuuion of tlie United Suites,
the acts named ia the bill. By the first of these acts j qj. persons who exercised mere agencies or employ-
Upon tho motion made by tho State of Mississippi
before the Supremo Court of tho United States nt its
late term, for leave to filo a bill against tho President
ofthe United, to enjoin him against executing the
very acts of Congress now under consideration, the
opinion of the court upon dismissing that motion, and
it seems to have been unanimous, was delivered by
the Chief Justice. I make tho following quotation
from the opinion: “Very different is the duty of the
1 support
P 13. Pent— .—
meats understate authority are not disqualified; such
ns commissioners to lay out roads, commissioners of
public works, visitors of State institutions, directors of
State banks or other State institutions, examiners of
banks, notaries public, commissioners to take acknowl
edgments of deeds, and lawjers.
ENGAGING IN REBELLION,
g specified what offices held by nny one prior
to. the rebellion come within tho meaning of tho law,
it is necessary next to setdorth what subsequent con
duct fixes upon such person tho ofleueo of engaging
in rebellion. I repeat, that two things must exist as
to auv person, tft disqualify him from voting: first,
the offico held prior to the rebellion, and afterwards
participation in the rebellion. .
14. An act to fix upon a person the offence of envag-
hc is required to assign generals to command in tho
several military districts, nnd to detail sufficient mil
itant force to enable such officers to discharge their
duties under tho law. By tho supplementary act,
other duties aro imposed on the commanding gen
erals, and their duties must necessarily be performed
under thosupervision of tho President as Commander-
in-Chief. Tho duty thus imposed ou tho President is
in no ju3t sense ministerial. It is purely cxccutivo
and political."
Certain questions havo been propounded irom one
of these military districts touchingthoconstruction 01
tho power of tho military commanders to constitute
military tribunals for tho trial of offenders, which I
will next consider.
Whilst theact does not in torms displace toe regu
lar criminal courts of thoStatc.it does give tho pow
er to the military commander, when, in hisjudgment, I i n .', iVrobeiiion under this"law must bean over; and
a necessity arises,to tako the administration of the voluntary act, done With the latent of aiding orfu.-ther-
criminal law in his own hands, nnd to try and punish I j n ., the common unlawful purpose. A person forced
offenders by means ot military commissions. | m r 0 tb „ rebel service by conscription, or under a para-
In giving construction to this power, wo must, not I , uollnt authority which he could not safely disobey,
forget tho recent and authoritative exposition -given j j who would not have entered such service if .left to
by the Supremo Court of the United btatcs as to the - tllo r ree exercise or hie own will, cannot be held to he
aower of Congress to provide for military tribunals disqualified from votin -.
.’or the trial oi citizens in time of peace, and to the 1 ^5. , i( >ts of cl.arity, where the intent is to relieve
emphatic declaration, as to which there was no dis- I tho wants of the otject ot such charity, and not done in
sent or difference of opinion among tho judges, that njdof tre cause in which he mav have been enaaged,
such power is not warranted by the constitution. A <lo not disqualify But organized contributions food
single extract from tho opinion of tho minority as de- an q clothing for the general relief or persons engaged in
irvered by tho Cbiof Justice will suffice. We by DO I the rebellion, and not ol a merely sanitary character,
moans assert that Congress can establish and apply but contributed to enable them to prerorm their ualaw-
thp laws of war where no war has boen declared or ful ob jcct, may be classed with acts which do disqualify,
exists. 31 hero peace exists the laws of peace must Forced contributions tottm rebel canse, in the form
prevail.. What wo do maintain is, that when the nn- J 0 f taxes or military ns«es?ments, which a person may
he compelled to pay or contribute, do not disqualify.—■
® ■ „ - . , — . . not voluntary contributions to the rebel cause, even
it is within the power of Congress to_ determine in such indirect contributions aa arise from tlie voluntary
what States or districts such great and imminent pub- I j oan of money to rebel authorities, or purchase of bonds
he danger exists ns justified the authomation of mil- or securities created to atiord the means of carrv as on
itary tribunals for the trial ot cnmc3 and offences .. . rebellion, will work di-qualification,
against tho discipline or security of the army or I 10. \H those who, in legislative or other official capac
against public .-atety. 1 - v - *—
way it should do cxceatca, i nnvo no hesitation in j „ s m Lmhers of the rebel conventions, oongrcs.-es and
saying that nothing short of an absolute or control- j ieui-Iatnre--, diplomatic agents of thcrcbel confo- erncy,
ling necessity would givo any color of authority for an( i other officials whose offices were created for the
arrangningacitizen before a military commission. A purpose of more effectually carrying on hostilities, or
person charged with crime m any of these military (chose duties appertained to tlio' support of the rebel
districts has. rights to bo protected, rights the most ’ 5C mun lje KelU to be disqualified,
sacred and inviolable, nnd among these the right of I jj nl officers who, during the rebellion, discharged
trial by jury according to tho laws of tho land. When
a citizens is arraigned before a military commmission
on a criminal charge he is no longer under tho pro
tection of the law, nor surrounded with those safe
guards which aro provided in the Constitution.
This act, passed in a timo of peace, when all the
courts, State and Federal, aro in the undisturbed ox-
crciso of their jurisdiction, authorizes, nt tho discre
tion of a military officer, tho seizure, trial and con
demnation of tho citizen. Tho accused may be sen
tenced to death, and the senteneo may be executed,
without an indictment, without o counsel, without a
jury, and without a judge. A sentence which forfeits
nil tho property of tho accused, requires no approval.
If it afleets the liberty of the accused it requires the
approval of the commanding general: and il it affects
his life, it requires tho npproval of the general and
with the chief -siccative
act, is to eneci uiat ““U *pr u he . PP linted for a military gov-
liv the agency of the people of tlie State, arnor f or a state which has no lawful governor,
such of them as are made voters, by meansi nd#r tbe pressure 0 f an existing necessity, to
of elections provided for in the ac t, arul in I exorc j 9e powers at larg^. The intention,
the 11
offenders, ii -■> - ' I tbo placa of the removed governor,
ommisrtons. know the functions ofthe office as provided by law-—
Wc Are, therefore, not -it - „ The law takes no cognizance of such an official,
what powers were possessed dj the c\isun B i ^ } he c]otb#d Wlt b no authority or color of
civil authority. The only qnistion 13 upon j au ti lor ity.
tlm now, r- conferred on the military authori- Wilat ,, true as to tbegovernor is equally true
V Whatever power is not given to the U, u all the other legisKUve executive and ju
Slimy, Vcmainr with the civil government. I dicial officer, of the State.
the penitentiary, State asylum and the support
of the provisional State government; but no
scrip or warrants for outstanding debts of other
kind than those specified will be paid without
special authority from these headquarters:. He
will deposit funds in the same manner as though
they were those of the United States."
Iu another of these districts a body of military
edicts, issued in general and special orders regu
larly numbered, and iu occasional circulars, have
been promulgated, which already begin to assume
tbe dimensions of a code. These military orders
modily tbe existing law in the reuiediea for the
collection or debts, tbe enforcement of judgments
and decrees for the payment of money,staying pro
ceedings instituted, prohibiting, In certain cases,
the right to bring suit, enjoining proceedings on
execution f»r tbe term of twelve months, giving
new liens in certain cases, establishing homestead
exemptions, declaring what shall be a legal tender,
abolishing in certain cases the remedy by foreign
a tachment, abolishing hall “a. heretofore author
ized” in cases tx contractu, but not in “other eases,
known as actions «thl'utoand changing, iu sev
eral particulars, the existing laws as to the pun
ishment of crimes, and directing that the crimes
referred to “shall be punished by imprisonment at
turd labor for a term not exceeding leu years nor
less than two years, iu the discretion of tbe court
haviDg jurisdiction thereof. One of these general
orders, being number ten of the series, contains no
less” than seventeen sections embodying the various
changes and modifications which have been re-
e, executive auu ju- Cltctl. . , \
If the military com-' The question at once arises in the mind of
and void. .
I repeat it, that nothing short of nn absolate neces-
sitjr can give nnr color of authoritj* to a military
commander to call into exercise such a power. It is
a power, the exercise of which may involve him. and
every one concerned, in the gravest responsibilities.
The occasion for its exercise should be reported at
once to the Kxccutive for such instructions as may be
deemed necessary and proper.
Questions hnve arisen whether, under this power,
these military commissioners eau take cognizance of
offences committed boforo the passage of the act, and
whether they can try nnd punish lor nets not made
crimes or offences by Federal or State law.
I am clearly of opinion that they havo no jurisdic
tion ns to either. They can take cognizance of no of
fence that has not happened after the law took effect.
Inasmuch as the tribunal to punish, and the measure
or degree of punishment, are established by this act,
we must construe it to be prospective and not retro
active. Otherwise it would take the character ol an
rx in-1 forto law. Therefore, in the absence of any
language which gives tho act a fctrospectri do not
hesitate to say it cannot apply to past offences.
There is no legislative power given under this mili
tary MU to establish a new criminal code. Tho au
thority given is to try and punish criminals and
offender,-, and this proceeds upon the idea that crimes
and offences have been committed: but no person can
be called a criminal or an offender ffir doing an act
which, when done, was not prohibited by law.
But as to the motuure of punishment, 1 regret to be
obliged to say that it is left altogether with tho mili
tary authorities, with only this limitation, that the
punishment to be inflicted shall not be cruel or unu
sual. The military commission may try the accused,
fix the measure of punishment, even to the penaltj-
of death, and direct the execution ofthe sentence,—
It is only when the sentence affects “life or liberty”
ofthe person that It need be approved by the com
manding general, aud only in cases where it affects
official duties not incident to w ar, but only such duties
ns belong even to a state of peace, and were necessary
to tho preservation ot order and the administration ot
law. are not to be considered n* thereby engaging In re
bellion or as d'squalified. Disloyal sentiments, opin-
i- ns or sympathies wonld not disqualify, bnt where a
person has by speech or by writing incited others to
encase in rebellion, he must come under the disqualifi-
17. Tbo duties of the board appointed to superintend
the elections.
Th'a board, having: the custody of the lisYof regis
tered voters in tho distr ct for which it is constituted,
nut see that tho name of the pars >n offering to voto
is found upon tlie regUtratioa list, and if such proves to
be the fact, it is the duly ofthe board to receive his vote.
They cannot receive the roteofnny person whoso name
is not up c.i the li.-t though he may be ready to take the
registration Oath, and although’he may satisfy them
that he was unable to have his’ name registered nt the
proper time, in consequence of absence, sickness, or
other cause.
The bo»rd cannot enter into any inquiry as to the
qualifications of any person whose name is noton the
list, or a- to the qualifications of any persons whose
name is on the list.
18. The mode of voting fa provided in the act to be
by ballot. The beard will keep a record and poll-book
of the election, showing tho votes, list of voters, and
tho persons elected by a plurality of the votes cast at
the election, and mike returns of these to the com
manding general of the district.
IS Tlu- board appointed for regi-tra’ion and for sn-
perinten ling tho elections must tako the oath pre
setibef by tbe w-t of U ngres-, approved July'i, ]St>7,
entitled, “An act to prescribe an oath of office.”
I have tho honor to be, with great respect,
Hi.sxv Stasiiert, Attorney General.
fiarThere was a bit of romance connected
with tne great Derby race in England, which
took place a fortnight ago. A young lady
was engaged to be married to Mr. Chaplin,
but twenty-four hours before the proposed
wedding eloped with the Marquis of Hust
ings. At the Derby Mr. Chaplin’s horse won,
and.the Marquis of Hastings in consequence
lost £120,000—nearly three quarters of a mil
lion dollars Currency. Tbe Marquis is now
“hard up,” and Mr. Chaplin has had bis re
venge.
IxS?" The widow of the late Abraham Lin
coln is going to make It ieine, Wisconsin,
From tlie Aug. Chronicle and Sentinel.]
“Never despair of the Republic,” was a
much lauded Roman maxim. But maxims
never saved a country, and this one did not
save Rome. She was very great. The com
bined world was too weak to harm her. But
she lull—fell by her own hands—and for cen
turies has remained fallen!
If good liberty-loving Americans almost
despair of their country, the events ofthe
last thirteen years would seem to be sufficient
to save them lrom reproach From the re
peal of the Missouri Compromise until now,
no period in human annals of thrice the du
ration exhibits such deception among lead
ers, such credulity among the people, such
treachery by rulers and such energetic aelf-
destruction by the nation.
The United States have done more in these
years to weaken confidence in free institu
tions, and have inflicted more injury upon
their own people, and created heavier bur
dens for their children and children’s child
ren, than the united armies and navies of the
earth could have accomplished in fifty years.
Before these notes close I may undertake to
show the real causes of these evils. It is suf
ficient now to say that from 1854 a spirit
which is enmity to the life of the Constitu
tion has been dominant. The Government
has been in the keeping of its enemies. We
read of a great man who, while an infant,
was nursed by a wolf. This may have been
and may again be possible ; but it never has
been and never will be possible for men of
extreme tempers and opinions to nurse a
constitution whose only life is mutual con
cession for the common good.
The Southern people greatly provoked and
misguided, abandoned the’Union to preserve
tlie Constitution. While the Northern peo
ple, less provoked but equally misguided,
made war to preserve the Union, by placing
themselves under the lead of men who were
tlie bitter, implacable enemies ot the Consti
tution, and who were fore-determined to de
stroy or reform it.
After four years of heroic struggle the
Southern people laid down their arms be
cause they were assured by their enemies, and
taught by long trusted but faithless coun
sellors, and faithless office-holders among
themselves, that, by so doing, they would be
again in the Union as before. The many be
lieved this, and withdrew their support aud
deserted their colors. The few who disbe
lieved were overpowered. But more than
two years have passed—more than half the
period of tbe actual conflict—and the South
ern people, now thrice deluded, have not en
joyed the blessings of the Union! Why 1
Because these leaders of the North—true to
their orignal hatred, and perfectly logical in
that hatred—declare the Union shall not be
restored except upon terms which practically
destroy the Constitution, nnd which certainly
leave no Union except one founded in force.
And thus far tlie Northern people either have
failed to comprehend, or have consented to
sustain their treachery, and to give the last
development of their* most remarkable his-
tory, we see some of our Southern counsellors,
who urged us into secession as tlie only peace
ful method ol securing our rights, who after
ward led us to subjugation as the only method
of escaping military despotism, now boast
ing of the great confidence heretofore re
posed in their counsel, advising us to accept
the proposed terms for a new Union !
With snch experience fresh and still in
creasing, horv shall we wonder if true men
doubt, if brave men fear, and if good men de
spair ?
For thirteen years the actual revolution
has been right onward, and is still onward.
He is stupidly blind who does not sec that
the evils before us are far greater than the
evil present and behind us. Our people have
drank bitter cups, but they are as honey
when compared with the cups they must
drink if the child is not taken from the wolf,
if the Constitution is not taken from the nur
sing care of those who hate it, if the Govern
ment shall continue to be administered by
its enemies.
If anything I may say shall tend, however
slightly, to avert the evils which threaten the
country, I shall not only be satisfied but hap
py. I have no party to serve and no personal
ends to accomplish.
I frankly admit my opinions heretofore
have not been accepted by a majority rf the
people. I have never thought that what the
majority believed was, therefore, true; or
that wbat the majority did was, therefore,
right. My political life has been but a strug
gle against prevailing opinions and policies.
When policies have been adopted and fixed
in spite of my opposition, I have labored to
work good results in spite of my convictions
that the policies were unwise And when I
see tlie ruin which lias been wrought I can
but rejoice in tbe recollections that I was not
one of the chosen architects. I do believe
tho people have mourned and still mourn
only because wicked men have ruled and still
rule; and I believe wicked men havo been
chosen to rule only because they have made
political Issues to foment popular passions,
and have suited their conduct and opinions
to the popular passions so fomented.
These notes are, therefore, given to the
public, claiming ho title to consideration, ex
cept that they are written, not to please that
public, butto aid in arresting thefurther pro
gress of a revolution which has been so pro
lific of ruin in the past, and which is so fear
fully pregnant with ruin for the future. It
may turn out that no man—that no human
power can arrest this revolution. It may be
that a change of government, through an
ordeal of anarchy, is inevitable. But this,
much every man can do: He can see to it
that, if this destruction must come, it shall
not owe its coining to his consent. If the
Constitution must be violated, it shall not be
by him. If tins Government must be sub
verted, it shall be the work of others. This,
therefore, patriotic reader, is all the promise
I exact—in advance—that, whatever others
may do, you will support tbe Constitution,
and oppose whatever is contrary thereto—for
mark this: Whatever else people and rulers
may do, they cannot support or preserve the
Government by violating its fundamental
law.
North Carolina.—The Wilmington Dis
patch publishes the following :
We heard it rumored in reliable circles
this morning, that Judge Barnes, who was
holding a special court at Tarboro’this week,
adjourned the court because negroes were
placed on the jury—held that as tne laws of
North Carolina do not recognise the eligibil
ity of that class for jury service, he would be
violating his sworn duty, in acting upon r.o
other authority than the order of Generri
Sickles. Wc do not vouch for the truth of
this rumor, but give it as we heard it on the
street.
je§f~Tbe New York Sun, noticing the
direction in which our gallant friend, Gen.
Longstreef, is traveling, says: “ Strange
things happen in politics, and we should nst
be greatly surprised to find this ticket in the
next Presidential contest: For Presider.t, ‘
her permanent home, and has sold her furni- j Benj. F. Wade; for Vice President, James
ture at Chicago. ; Longstreetk
