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VOLUME XVIII.
ERROR CEASES TO BE DANGEROUS WHEN REASON IS LEFT FREE TO COMBAT IT."—Jefferson.
ATLANTA, OA., WEDNESDAY, JUNE 1806.""
NUMBER 23.
tDffhli) JntrUigrarrr.
I'fBLI.SUKD DAILY AND WEEKLY BY
JARED IRWIN WHITAKER,
Proprietor.
ATLANTA, GEORGIA,
Wednesday, June 13, I860.
Cotton.
'Die Dawson Journal, of Friday, June 1st, says
.Mr. .1 W. Keith, of Terrell county, has brought
to the Journal office several plants of cotton two
feet in height, each having on them eight to ten
squares. Mr. Keith represents that the speci
mens are a fair average of a twenty acre field.
The Columbus Sun, in noticing the foregoing
statement, says that Mr. Keith’s cotton is at least
fifteen inches taller tlian any to be found in that
section
Taken III.
A New York Telegraphic dispatch, dated the
4th instant, states that “ Thad. Steven* was taken Ul
on Thursday, and his friends express some ap
prehensions of his condition.”
Similar “apprehensions” may well liave con-
stantly been indulged, in regard to the same in
dividual, fur the last quarter of a century; for
when it was in his whole political career that he
was not “fU," we should like to know. “Ill”
he has always been; the telegram should have
been written “getting icorsc."
Strange Beqnett.
Our Augusta cotemporary, the Chronicle &
Sentinel states that “ Professor W. Buford Pow
ell. who died in Covington, Kentucky, a few days
iiiro, bequeathed his head to Mrs. L. A. Kinsey,
ul this city, to be used for scientific, purposes. In
accordance with this a surgeon cutoff the Pro-
lessor's head, and it is now in the possession of
the lady in question.”
Wc have seen it slated of eccentric men that
they)had bequeathed their heart* to female friends,
hut never before have we heard of a bequest of
the haul, neither for scientific, nor for any other
purpose. “ What’s in the head 1 ' of the dead
professor, we should like to know, alter it lias
undergone the scientific examination to which it
is destined ?
tiui of Georgia—Atlanta.
Wc are indebted to the publisher, Mr. W. H.
Hrnt, lor a hound copy of the Acts of the Gen
eral Assent by of the State, passed in Milledgeville
at the annual session of the Legislature, Decem
ber 1865, and in January, February, and March,
1866, tor which courtesy we leader that gentle
man our Ihauks.
The public laws enacted in these two sessions
<>l our General Assembly, number 277; the whole,
public and local, ”38—resolutions, 53. These en-
aetments embrace many alterations or amend
ments of the Penal Code of our White, suited to
the ehanged relatiou of muster aud slave to that
of citizens aud freedmen and freedwomen; to
most of which the attention of our readers was
directed the time they were adopted, by our Mill-
edgeville correspondent. Other important pub
lic enactment? are also embraced iu.ithis volume,
which has been “gotten out” with a dispatch
quite creditable to the enterprising publisher.
Among the public enactments, we notice one to
authorize the “• Phoenix Loan and Building As
sociation,” and the “Union Loan and Building
Association ” of Atlanta, to resume business, and
carry on or close up said Associations.
Another “ to incorporate the Atlanta Canal
and Water Works Company” of Atlanta, the
corporators being Wm. W. Boyd, Hammond
Marshall, Daniel E. Butler, Samuel A. Marshall,
Thomas W. Chandler, Francis T. Wilkes, and
such oilier as may become their associates. By
this act of incorporation this company is to con
struct a canal or acqueduct, commencing at any
point on the Chattahoochee river, to our city, in
order that it may he supplied with pure good wa
ter by the company—a most laudable enterprise
to which we wish success.
Another, is “An act to incorporate the Citi
zens’ Insurance Company of Atlanta”—the cor
porators being our enterprising fellow-citizens,
S 11. MeCamy, John C. Whitner, John L.
Bridges, W. II. Hancock, A. P. Bell, J. R. Bar-
nek, V. A. Uaskill, J. M. Joli.isou, M. R. Bell, J.
F. B. Jackson, Perino Brown, and their succes
sors; capital $200.000—may be increased to
$2,000,000. Go ahead, gentlemen, and let us
have your Insurance Company! We need it al
most as much, judging from the recent fires in
this city, as we do the pure, good water, from the
Chattahoochee.
Turning over a page or two of the statute book
before us, we come to still another act—one “to
incorporate the Gate City Insurance Company”
—the corporators of which are Robert J. Lowry,
W. M. Lowry, J. II. Porter, William Markham,
Robert F. Maddox, their associates, «£rc.,—capital
$100,000, may be increased to $250,000. Like
the "Citizen.,," the "Gate City" Insurance Com
pany has our good wishes.
Another page or two turned, and we come
upon another act—one to incorporate the “Geor
gia Life and Accident Insurance Company” of
the city of Atlanta—corporators J. T. Taylor,
M illis Parker, Y. A. Gaskill, and their associates
—capital not to exceed $100,000. Here is another
evidence of enterprise on the part of our citizens
which is commendable.
We next, turniug over a few more pages of the
same volume, come upon "an act to incorporate
the Gnte City Foundry. Car Manufactory and
Machine Works in the city of Atlanta, Ac.,—cor
porators. G. W. Lee, Hammond Marshall, J. C.
Hendricks, J. G. W. Mills, J. S. Westbrook. T.
W. Chandler, Edwin Payne, F. S. Stewart, L. S.
Mead, James noge, aud their associates—capital
$50,000, may be increased to $200,000. This is
an enterprise that cannot but prove successful
and profitable.
Then we have “ au act to incorporate the At-
iaula Mining aud Rolling Mill Company"—cor
porators, J. D. Gray, Alien Ivenuedy, Aaron Al
exander, Wm. C. Gray, and their associates—
capital. $200.000—may be increased to $500,000.
Like the last, this is an enterprise that must suc
ceed.
Following in its order, and last among the city
incorporated companies, comes the “act to in-
enrporate the Atlanta Street Railroad Company”
—corporators, George Hillyer, J. L. Grant, J. B.
Campbell, Ebon Hillyer, J. G. 'Westmoreland, J.
J. Thrasher, J. J. Morrison, W. B. Cox, I. E.
Bartlett, MTUiam Solomon, W. R. Webster, aud
tlieir associates—capital, $150.000—may be in
creased to $300,000. Go to work, gentlemen
corporators, and give us “street railroads” as
soon as j»ossible. M'e pedestrians have got sick
aud tired of wading in mud and water.
Among the local cuactmeuts, there is one that
lms reference to the government of our own city.
This is “an act to alter aud amend the seve
ral acts incorporating the city of Ailanta.” This
act authorizes the Mayor and Council to require
registration by business aud professional men of
their pursuits, aud to levy a tax not exceeding
$25 upon each as a license fee; authority to enforce
payment of fines and street taxes; the power to
issue bonds, and to assess a tax on registered bu
siness. It also extends the corporate limits of
the city so as to measure one mile and a half, in
each and every direction from the general pas
senger depot, the centre of the present corporate
limits.
The foregoing is all in the legislation at Mil
ledgeville that had special reference to our citv
Considering what it had suffered, something
more than the encouragement of private en
ter prise might have l»een expected from the Leg
islature at its late sessions in aid of a city that
had suffered so much, but we are content to let
the enterprise of her citizens place Atlanta
where she was before the destroyer came, and to
forward by it her evidently proud destiny.
Greenbacks.
Not kmg since one of 'Virginia’s most popular
citizens and eminent statesmen, came down up
on “ Greeiibackn ” with denunciations so hearty
that they fairly startled the audience he was ad
dressing, and doubtless created* alarm among
many ot the fortunate holders of the national
currency. In the estimation of this distinguished
individual—the Hon. Henry A. Wise—“green
backs” would soon be mere rags, worth nothing
and, in consequence thereof, a terrible financial
convulsion would overtake the North, the effects
of which would be general bankruptcy—bank
ruptcy of the people and bankruptcy of the
government. As highly as we esteem this dis
tinguished Virginia statesman, we have no faith
in his financial phrophecies, as expressed on the
occasion referred to. We still have faith in the
national currency, its ultimate redemption, and
in the ability of the Government to prevent what
Mr. Wise phrophecies will be its fate. But this
gentleman is not the only party that entertains
the opinions he has expressed, in reference to
“greenbacks.” Not long since, the Richmond
Time*, in an article on gold and greenbacks,
said;
Edgar Allan Poe, in one of those wonderful
tales which bears as close a resemblance to the
truth as DeFoe’s “ Robinson Crusoe,” gives a
clear and circumstantial account of a Frenchman
who was placed under powerful mesmeric influ
ences at the very’ instant his soul winged its way
to the spirit world. For many weeks after the
Frenchman’s demise his body, like that of a liv
ing man, responded to every muscular volition
of the will of the mesmeric agent. Suddenly,
however, the mesmeric passes were reversed, and
the body, which the instant befofe was apparent
ly that of a healthy, living man,’“became a mass
of offensive, liquid puterfaction.”
A few weeks will, probably, determine wheth
er a like fate awaits “ the greenbacks.” It is now
perfectly evident that its recent approximation
in value to gold and silver was entirely the result
of the skillful manipulations of the Secretary of
the Treasury. With eighty millions of gold in
the Treasury he has been able, by throwing large
quantities upon the market, to prevent specula
tion in the precious metals, and to keep the pre
mium on gold below thirty. lie was too strong
tor any combination of American brokers, spec
ulators iiud bankers, and brought to grief all their
attempts to depreciate “ the greenbacks.”
The Secretary of the Treasury, however, has
been completely swamped by the sudden de
mand for gold upou the other side of the Atlan
tic. To check the demand for gold he threw
thirty millions upon the market and it was ab
sorbed in a week. His condition is now as ut
terly helpless as that of the driver of an ungov
ernable team in wiiose bauds the reins have
snapped when the horses were in full flight with
the bits between their teeth.
“ The greenbacks ” for the first time since the
termination of the war Is, we fear, completely at
the mercy of the speculators in gold, and they
will deal with it about as mercifully as a wolf
would with a lamb, or a hawk with a obicken.
Our gold is now leaving the country at the rate
of ten millions a week, and it this continues
much longer, the greenbacks will be as irredeem
able in gold as Mr. Memminger s Treasury notes.
As the Federal government is a strong one we
need not expect the “ greenbackss ” and the notes
of the National brnks to fall as flat as Confeder
ate money did, but they will soon find their true
level of value. What that will be remains to be
seen.
bute the enthusiasm which is said to animate the
masses in view of the impending struggle. Should
the struggle commence, it will be a formidable
and sanguinary one. Austria has a population
of about 35,000,000, and already she has nine
hundred thousand troops armed and equipped for
the contest! Prussia, on the other side, has
about 18,000,000 of subjects, to which we must
add those of her Italian ally, estimated at twen
ty-two million. The army of the former num
bers, according to last accounts, four hundred
thousand and over; of the mustered forces of
the latter we are unable to speak, but with the
popular revolutionary elements that are being
brought into requisition, it is veiy probable the
Italians are thronging to the standard of their
king with equal alacrity. We shall, in all likeli
hood, by the next steamer hear of a clash of
arms on the opposite continent that will more
than rival in its din and devastations that, which
recently, resounded and spread havoc through
one half of this confederacy.
Other nations will probably be drawn into the-
fearful maelstrom when once the onset is made.
Russia, with a population of 69,000,000, and
France with 37,000,000, are nearly certain to be
come involved in the stupendous straggle. Eng
land, cold and unsympathizing, phlegmatic, mean
and miserly, will, of course steer her rotten old
hulk clear of all danger; besides she is troubled
just now with a Fenian ulcer that will enquire
skillful nursing.
The contestants have plenty of men, evi
dently, and ample material with whtch to inau
gurate the colossal struggle. Let them go it. We
admire big things. We can well afford to stand off
a very disinterested “looker-on in Vienna.
Saltpetre is a tremendous institution, but a small
quantity of it will suffice for us at present!
Habeas Corpus.
We do not look upon, and have seen no evi
dence of, Secretary McCullough being ‘completely
swamped’ by the late “ sudden demand for gold
upon the other side of the Atlantic;” nor do we
view his condition now “as utterly helpless as
that of the driver of an ungovernable team in
whose bauds the reins have snapped when the
horses were in full flight with the bits between
their teeth.” It must be remembered, too, that
the late sudden demand for gold, was the result
of failures and a consequent panic, on the other
side of the Atlantic, and not on this—a panic
that called even for parliamentary relief to
the Bank of England. Had it not been for Sec
retary McCullough and the Treasury’s re
sources, failures and a similar panic would
have spread all over this country. His throw
ing upon the market “ thirty millions of
gold,” and his possession of “eighty millions”
is evidence of the vast financial resources of the
Treasury Department, and it has for some days
past stayed the advance of geld in the market or
we are much mistaken. Nor do we apprehend
that “greenbacks” are, or will ever become,
completety at the mercy of the speculators in
gold.” These speculators, we admit, are as mer
ciless in their financial operations as a “wolf
would be after a lamb,” or “a hawk after a
chicken,” but they know too well the vast re
sources of the government to venture too far in
their efforts to depreciate the national currency,
and enhance the premiums on gold. There is a
point to stop at, and this the gold brokers all over
the country know full well.
The effect which such speeches, and such arti
cles have upon the country—its commerce and
industrial interests—is very deleterious; espe
cially so is it upon the South. It impairs confi
dence iu the only currency that now circulates
among us, retards improvements, and 9tays en
terprise. M’e have every confidence in the na
tional currency, and would dislike to see confi
dence on the part of our people impaired in it, by
such assaults upon it as those to which we have
referred.
The Eastern War Cloud.
The preparations for war on the Continent of
Europe are on a gigantic scale, and bid fair to
eclipse the memorable struggle through which
this unhappy country has just passed; “ and if
the territory jutting out into the North and Bal
tic seas, with the Elbe running along its South
ern edge, known as Schleswig and Holstein, is
not as great in exteut as the area of the Southern
States lwrdering the Gulf of Mexico, with the
grand Mississippi and its tributaries penetrating
its richest portions, the strife for the possession
of it promises to be as extravagant in blood and
treasure as were witnessed in the four years’ war
which resulted in our discomfiture. The com
paratively little Duchies, formerly in the posses
sion ot Denmark, have passed within the last
two or three years into the hands of Austria and
Prussia, two powers whose jealousies and ambi
tion about the annexed territory seem to be un
appeasable, except through the arbitrament of
arms. It was decided by a conference of
crowned heads fourteen years ago that these
Duchies should continue under the authority of
the D:uiish Government, but Germany opposed
that decision, and they, along with Lauenburg,
fell into the joint possession of the powers men
tioned, after a feeble attempt at defense on the
part of Denmark. Prussia purchased Austria's
interest in Lauenburg with a good round sum of
thalers, and thus settled all difficulties in connec
tion with that part of the joint possession of the
annexation; but clashing in their civil and mili
tary jurisdiction in the others, they have quar
reled ever since, and now stand on the verge of
a tremendous conflict. The strife originates, as
it would appear, in the ambitious desire of a
few kings and emperors to possess themselves of
a tract of adjoining territory. Holstein is Ger
man. it is true, and to this reason we must attri-
1
Negro Suffrage, Arc.
Governor Swan, of Maryland, upon separa
ting himself some time ago from the Radical Re
publicans, and taking position among the Con
servative-Republican supporters of the Presi
dent, wrote as follows:
I look upon negro suffrage and the recognition
ot the power in Congress to control suffrage
within the States as the virtual subordination of
the white race to the ultimate control and domin
ation of the negro in the State of Maryland.
I deny that the admission of the revolted States,
by loyal representatives, subjects the reconstruc
tion plan of the President to the charge that no
uaranty has been secured for the future. The
itates asking admission have, by a constitutional
amendment, granted universal freedom to the ne
gro, and they have further guaranteed a repudia
tion of the debts incurred by them in the rebel
lion. These guaranties I deem as securing for
the present all that can be reasonably asked.
I look jipon the war now being waged upon
President Johnson as ungenerous, unwise and
uncalled for, and I believe that its longer contin
uance will greatly embarrass the national pros
perity by keeping alive a state of uncertainty and
distrust in the public mind, both North and
South, certain to eventuate in financial trouble—
affecting the tide of immigration now flowing in
upon us—the domestic commerce between the
States—and exercising a most destructive and
paralyzing influence generally upon all the great
interests of the country.
The three positions taken by Governor Swan,
as embraced in the foregoing extract from one of
his letters, are sound, and will be sustained by
the people of Maryland, whom we believe he
was addressing when he wrote the letter, when
ever they repair to the polls to elect their State
and Federal representatives. That the admis
sion of negro suffrage in the South, and a recog
nition of the power claimed by Congress to
control suffrage within the States, would result
in the virtual subordination of the white race, not
only in Maryland but in the whole South, to the
ultimate control and domination of the negro
race, we have not the shadow of a doubt resting
upon our miod. Governor Swan, though a
member of the Republican Party, saw and felt
this, and has not hesitated to array himself with
the conservative portion of his party who sustain
the President. In the second position which he
takes, in the foregoing extract, Governor Swan
is also right. The guarantees already given by
the Southern States, do secure to the freedman
all that can reasonably be asked for him. They se
cure to him his freedom, his civil rights, protection
to his person and property. In his nature and
condition, these are now enough. Fanaticism
only, lest it be lost after office, can demand
more.
Well may Governor Swan, as he does iu the
third paragraph of the extract which we quote,
look upon the war uow being waged upon the
President by the Radicals as “ ungenerous, un
wise, and uncalled for”—calculated to bring on
the evils he enumerates, and exercising as it does
a “most destructive and paralyzing influence
generally upon all the great interests of the coun
try.” But w ho can stay fanaticism in its mad
career? Who can plead successfully with the
Sumner-Stevens men; who can stop them in
their mad course, so long as they occupy the po
sitions they do, aud have the power of controling
the legislation of the nation ? To the people
the appeal will have to be made, or the country
is lost. That appeal, we feel confident, will not
be made in vain. By the President, in his great
work of reconstruction, the great masses of the
people, North and West, will stand, despite the
efforts of his radical foes. In this we take con
solation.
Executive Appointments and Proclama
tions.
Governor Jenkins, we notice in the Mil-
ledgeville papers, has made the following appoint
ments :
commissioners
To examine and report upon the propriety of re
moving the present Penitentiary, and locating it
elsewhere, or of establishing an additional one,
and for other purposes:
General Howell Cobb, of Macon; Major Mark
A. Cooper, of Athens; John H. Fitten, Esq., of
Adairs ville.
To establish the
GEORGIA STATE ORPHAN HOME:
Messrs. W. B. Johnson, of Macon; Richard
Peters, of Atlanta; Heniy Hull, Jr., of Athens.
TRUSTEES FOR THE SAME :
Rev. H. H. Tucker, of Atlanta; Rev. Wm. H.
Potter, of Augusta; Rev. William Flinn, of Mil-
ledgeville; Rev. William C. Williams, of Rome;
and Messrs. Warren Aiken, of Bartow county;
James Gardner, of Richmond county ; James
M. Chambers, of Muscogee county; John W.
Anderson, of Savannah; and Junius Wingfield,
of Eatonton.
The first named of each board, is to act as
Chairman.’
The Governor has also offered a reward ot
$200 tor the apprehension and delivery of
William Levi Hall—charged with the murder
iu Montgomery county in this State, of John
Albert Morris—to the Sheriff of said county; and
$200 for the apprehension and delivery of John
R. Strother—charged with the murder of William
A. Roberson in Baldwin county—to the Sheriff
of said county; both the accused having fled
from justice.
Temperance Convention.
It is proposed to hold a Temperance Conven
tion in Atlanta on the 27th June, inst, to which
all the friends of Temperance in Georgia are in
vited—especially those Divisions of Sons, and
Lodges of Knights which have stood the storm,
and are still at work. The fearful ravages of In
temperance demand another effort Where are
you, once zealous Temperance men in Georgia ?
Dabney P. Jones,
All papers in Georgia friendly to the cause,
Will please copy.
IMPORTANT LEGAL DECISION BY JUDGE NELSON
OF THE UNITED STATES SUPREME COURT.
The following important opinion delivered re
cently by Mr. Justice Nelson, of. the Supreme
Court of the United States, in a case brought be
fore him on habeas corpus, we copy from the Al
bany Argus. The New York Express says of
this important decision, that it is in accordance
with decisions recently made by that court at
Washington in the Indiana Conspiracy Cases,
and holds that the trial of a civilian by military
commission, under the circumstances shown in
the case, is without jurisdiction, and the convic
tion void. •
This decision will be read with great
in the South, and will pot a stop to military as
sumptions such as have been exercised within its-
limits. It restores the right of trial by jury, and
by due process of law, to the citizens who may
be charged with similar offenses :
IN THE MATTER OF JAMES EGAN, A PRISONER IN
THE ALBANY PENITENTIARY—HABEAS COR
PUS.
Amasa J. Parker, for the petitioner—Wm. A.
Dart District Attorney, tor the Government.
ion and return to the
ted in this case, pre-
and by occupation a
iCt of the State of
years "of age, and
service or connect-
States, or of the
has been arrested
Nelson, C. J.—The
writ ol habeas corpus i
sents the following facts
The prisoner is a citizt
farmer, in the Lexington
South Carolina, some ~ 5
never engaged in the
ed with the anqr,0(
so-called Confeaefau u^u aunicu
and tried before % Military Commission, in pur
suance of orders issued at headquarters of the
District of Western South Carolina, Columbia,
upon a charge of murder^ convicted and sen
tenced for life to the Albany Penitentiary.
The specification in the record of the crime is
the killing of a negro boy, by shooting him on
or about tbe 24th of September, 1865. The trial
took place on the 20th or November, and the
sentence pronounced on the 1st of December fol
lowing. The sentence is approved by the order
Of Brevet Major General A. Ames, and also of
Major General D. E. Sickles. The only paper or
evidence before us, on the-return to the writ of
habeas corpus, is the record Gr order of commit
tal in the bands of General Pilsbuiy, the Super
intendent of the Penitentiaiy, which contains the
above facts.
It will be observed that this trial before the
^filitary Commission took place some seven
months after the termination of hostilities and
the surrender of the rebel army to the authorities
qf the United States; and, 3 further, that the of
fense is one which, according to our constitution
al system of government, is cognizable by the
’‘ldicial authorities of the State, and not of the
ederal Government. And also, that the trial
as not under the rules and articles of war as
stablished byjhe United States, in Congress as
sembled, as these are limited to the government
df the land or naval forces of the United States,
atad of the militia when in actual service in time
of war or public danger.
! The trial must have been had under what is
known and denominated “ifiartial law,” and the
qjuestion in the case i9 whether or not this con
viction and punishment can be held by reason of
that authority.
; All the respectable writers and piiblisers agree
in the definition of martial law—-that it is neith
er more nor less than the wfll of the General who
cpmmands the army. It overrides and suppres
ses all existing laws, civil officers and civil au
thorities, by the arbitrary exercises ol militaiy
pbwer; and every citizen or subject, in other
Words, the entire population of the country with
in the confines of its power, is subjected to the
mere will or caprice ofotoe commander. He
hblds the lives, liberty ariSPwoperty of all in the
palm of his hand. - ,i ”
Martial law is regulated by r no known estab j
liehed system or code of laws, as it is over and
above all of them.
The commander is the legislator, judge and
xecutioncr. His order to the Provost Marshal
is the beginning and the end of the trial and
ondemnation of the accused,
j There may be a hearing or not,, at his will. If
jiermitted, it may be before a Drum-head Court
Martial, or, the more formal Board of a Military
Commission, or both forms may be dispensed
with; and the trial and condemnation equally
legal, though not equally humane and judicious.
he law officers of the Crown of England, in
giving their opinion in the matter of the insur
rection in the Island of Jamaica, observe that
courts-martial, as they are called, by which mar
tial law is administered, are not, properly speak
ing, courts-martial, or courts at all. They are
mere committees, formed for the purpose of car
rying into execution the discretionary power as
sumed by the government; on the one hand they
are not obliged to. proceed in the manner pointed
oit by the Meeting Act and Articles of War;
and, on the other, if they do so proceed, they are
not protected by them as members of a real court
martial might be, except in so far as such pro
ceedings are evidence of good faith.
Lord Wellington, in one of his dispatches from
Portugal, (1810) speaking of martial law, observ
ed that, as applied to persons, excepting officers
and soldiers and followers of the army, for whose
government there are particular provisions of
law in all well-regulated countries, is neither more
nor less than the will of the General of the army.
He punished either with or without trial, for
crimes either declared so or not so declared by
any existing law, or by his own orders. Subse
quently in a speech in the House of Lords, he
expressed the same opinion, and added; “In
fact, martial law means no law at all; therefore
the General who declares martiallaw, and com
mands that it shall he carried into execution, is-
bound to lay down distinctly the rules and regu
lations, according to which his will is to be car
ried out.”
This being the nature and extraordinary char
acter of martial law, which as observed by Sii
Matthew Hale, is not law, bnt something indulg
ed rather than allowed as law, all tbe authorities
agree that it can be even indulged in case of
necessity; and when the necessity ceases, mar
tial law ceases. When a government or coun
try is disorganized by war, and Courts of Jus
tice broken up and dispersed, or are disabled,
from prevalence of disorder and anarchy, to
exrcise their functions, there] is |an end of all
law, and the military power becomes a necessi
ty which is exercised under the form, and ac
cording to the practice and usage of martial
law, as stated by a distinguished civilian, “when
foreign invasion or civil war renders it impossi
ble for courts of law to sit, or to enforce the exe
cution of their judgements, it becomes necessary
to find some rude substitute for them, and to em
ploy tor that purpose the military, which is the
only remaining force in tbe. community; and
while the laws are silenced by the noise of arms,
the rulers of the armed force must punish as
equitably as they can those crimes which threat
en their own salety and that of society; but no
longer.”
This necessity must be shown affirmatively
by the party assuming to exercise this extraordi
nary and irregular power over the lives, liberty,
and property of the citizen, whenever called in
question. As explained by the Judge Advocate
General of England before a Committee of the
House of Commons, in case of martial law de
clared in Ceylon, (and which explanation has
been approved by the law officers of the Crown)
in answer to a question put by Sir Robert Peel,
he observed, “ I believe the law of England is,
that a Governor, like the Crown, has vested in
him the right, where tbe necessity arises of judg
ing of it, and being responsible for his work af
terwards, so to deal with the laws as to super
cede them all, and to proclaim martial law for
the safety ot the colbny”’ “I say he is responsi
ble jnst as I am responsible for shooting a man
on the king’s highway, who comes to rob me —
If I mistake my man, and have not, in the opin
ion of the jndge and jury who try me, an answer
to give, I am responsible.”
Applying these principles to the case in hand,
we think the record fails to show any power on
the part of the military officer over the alleged
crime therein stated, or jurisdiction of the Mili
tary Commission appointed by him to tiy the
accused. No necessity for the exercise ot this
anomalousJpower is shown. For aught that ap
pears, the Civil Local Courts of the State of
South Carolina were in the full exercise of their
judicial functions at the time of this trial, as re
stored by the suppression of the rebellion, some
seven months previously, and by the revival of
the laws and reorganization of the State Govern
ment in obedience to, and in conformity with, its
constitutional duties to tbe Federal Union.
Indeed, long previous to this, a provisional
governor had been appointed Iw the President,
who is Commander-in-Chief of the Army and
Navy of the United States, (and whose will under
martial law constituted the only rule of action)
for the special purpose of changing the existing
state of things and restoring civil government
over the people. In pursuance of this appoint
ment a new constitution had been formed, a
Governor and Legislature elected under it; and,
the State in the full enjoyment, or entitled to the
full eqjoyment, of all her Constitutional rights
and privileges.
The Constitution and laws of the Union were
thereby acknowledged and obeyed, and were as
authoritative and binding over the people of the
State as in any other portion of the country. In
deed, the moment the rebellion was suppressed,
and the Government growing out subverted, the
ancient possession, authority and laws resumed
their accustomed sway, subject only to the new
reorganization or the appointment of the proper
officers to give to them operation and effect.
This reorganization and appointment of the
public functionaries which was under the super
intendence and direction of the President, as
Commander-in-Chief of the Army and Navy of
the country, who, as such, had previously gov
erned the people of the State from imperative
necessity by force of martial law, had already
taken place, and the necessity no longer existed.
We have not deemed it necessary, if proper, to
look into the merits of the offense charged against
the prisoner, although it is insisted that it occur
red in self-defen9e, and in resisting a violent as
sault upon the prisoner himself.
Let the prisoner be discharged.
From the Constitutional Union.
Has the United State* Government a right
to try or Execute Jefferson Davt* 1
The question we propose to discuss is one of
very great importance, for on its solution depend,
not only the life of a fellow-being, but also the
Value of our national faith and morality in the
estimation of mankind. The world will watch
ns narrowly in the examination of this subject,
and judge us by the decision we shall form on it.
Let us then calmly investigate It, and dismiss
from our minds every feeling that can in any
way fetter our reason or warp it from truth.
Has the United States Government a right to
try or execute Jefferson Davis? We answer,
unhesitatingly, that it has no such right Every
candid man must admit that the late Confedera
cy was recognizied by our Government as a bel
ligerent power; consequently it admitted the
right in that incipient sovereignty to repel by
force the hostile invasion of its territories by our
armies. In wbat then consisted the criminality
of its resistance or a people to be punished for
exercising their rights—rights too, which we con
fessed ourselves, by our public and diplomatic
acts, belonged to them ?
One of the primary consequences of recog
nizing the Confederacy as a belligerent power
was that the faith of the nation was pledged to
treat honorably all Confederates that should fall
into our hands, and to regard their lives as invio
late. To execute Mr. Davis, therefore, would
be to forswear our public faith, to peijure our
selves before the world, to draw down on us the
hissings and execration of mankind, and to en
tail on our posterity the inheritance of eternal In
famy. The radicals are hoarse from howling
out that Mr. Davis is a traitor and therefore
should meet with-tlie fate of a traitor, or in other
words die like a dog. But what villainy or im
piety is there that this generation of vipers have
not uttered for the last two or three decades of
years ? Have they not spoken blasphemy against
the Almighty himself, because in the law written
by his own finger he condemns and rebukes
their fanaticism.
In reply to this howl of the radicals, we will
simply say that the fact of the recognition by U9
oif tiie Confederacy, which Mr. Davis represent
ed, had in it all the virtue and force of a bill of
amnesty passed in his favor. Had Mr. Davis
committed a million of treasons against us, this
simple act would cover them all, and Cancel their
penalty. We have no right then to abbreviate
his existence, and to do so would he an act of
perfidy and cruelty that has no parallel in the
history of civilized nations. The assassination
of Mr. Lincoln would be a venial fault compared
With the murder of the chief of the late Confed
eracy. In the former case only one or two mad
men perpetrated the heinous deed; in the latter
twenty millions of people would dip their hands
in theJilood of a man whom themselves bad ab
solved from the penalty of his imputed crime.—
Mr. Davis has suffered enough already, and a
just and magnanimous people ought to have de
manded long since that his prison doors be open
ed, and the old man allowed to contemplate the
sunset of life from liis native fields.
It may be thought by some that in arguing
thus for Mr. Davis, we speak against the interests
of the South. For it may be said, if the South
was at any time a belligerent power, she was an
independent One, and asrsuch out of tbe Union ;
and, therefore, is not entitled to any rights in it.
To this, we reply that a State which is recogniz
ed as a belligerent, is merely in the inchoate, not
in the full and absolute condition of an inde
pendent and sovereign power. Furthermore, the
South was never acknowledged to be out of the
Union, for to prevent that consummation we
waged an exterminating war against her; and
now that she is back again, she is entitled to all
the rights and privileges that appertain to sove
reignty, subject to the Constitution of tbe United
States'
One great error that lay at the bottom of our
strife was the doctrine that minorities should be
ruled by majorities. Those who preach this doc
trine must have been bom with fetters on their
limbs, for it is the doctrine of slaves. Majorities
have no right to do wrong, and we boldly assert
that if all mankind were to conspire to oppress
unjustly any individual in the world, he would
have the right, if he had the power, not only to
resist, but even to exterminate them to tbe extent
that charity would sanction him. To argue this
point were a waste of time, for it is as patent as
any maxim of moral science.
If we have conveyed our ideas clearly to our
readers, they will be convinced, we trust, that to
try Mr. Davis for treason would be to break tbe
solemn oath of the national faith, and that to ex-
cxecute him would be a national murder. Tbe
radicals are mad for his blood. Let us meet them
on this issue, and fight them foot to foot in the
josition their ferocity has impelled them to se-
ect. Have’nt we been baptized in the sacraments
of manhood, that we should be terrified at the
bellowing of these roaring bulls of Basham more
than at that of any other wild beasts ? Let us
up, then, ones more with the good old democrat
ic banner, and inscribe it with these mottoes :
“ The national faith must be preserved at all haz-
zards; majorities have no right to rule minori
ties in what is wrong; and to save our countiy,
we must wipe radicalism out of it.” Standing
fast by this doctrine, we shall soon sweep our
enemies before us, and behold this dear, lovely
land of ours resume once more her old and glori
ous position, and rule the destinies of the world
with the majesty of a queen. Auburn.
Tbe Senate’s Reconstruction Programme,
The following cleai- exposition of the Senate’s
reconstruction programme, which will, doubtless,
constitute the policy of the Radical party through
out the country, is from the pen ot the Washing
ton correspondent of the Augusta Constitutional
ist. We commend its perusal to* our readers,
that they may understand tbe tactics of the party
they have to centend with, and which will ruin
if they rule the country:
By substituting a clause proscribing all persons
in the rebellion who have ever held any office
under the United States or State Governments
for the cause of general proscription, they expect
to make their platform more popular. The idea
of disfranchising the mass of the people was
shocking to every fair mind. Bnt the idea of
not letting the leaders in secession hold office is
more consonant to the popular opinions North.
The provision that Congress, by a two-thirds
vote, may release any particular individual from
the constitutional disability shows a new idea
has occurred to the majority in Congress. This
looks to building np a party at the South in sym
pathy with the majority in Congress. It i9 a no
torious fact that the Congress have seen with
great dissatisfaction the influence the President
has attained by the use of the pardoning power-
They propose now to reserve a large portion of
this for their own exclusive use. They wish by
this that the South shall understand that the
real power is at the Capitol and not at the White
House. The Radical party are playing just now
their game with some skill. They are not press
ing negro suffrage. They propose to curtail the
political power of the South and exclude the
politicians of the South from office, except un
der a two-third vote of Congress. They think this
scheme cannot be attacked successfully, and on
it they are to carry the fell election. And fur
ther, if the South refuse to accept the terms pro
posed, and her Senators and Representatives are
not admitted to Congress, the question of recon
struction is still kept open, which suits the radi
cals exactly. Because they think the longer the
South is kept out the better, for two reasons, first,
because in the meantime their political influence
goes for nothing, and the South can be gradually
educated up to tbe right mark.
Trial of Jeff. Davis.
THE POINT OF LAW INVOLVED.
[From the Washington Intelligencer, May S5.]
The recent references to the trial of Mr. Davis
have called public attention to this subject, which
very naturally in a large degree interests the
public mind. The indictment, in the usual form
for treason, has been found by the Grand Jury,
in the United States Circuit Court, at Norfolk.—
Mr. Davis is indicted under the act of 1790, under
which the penalty on conviction is death. He
could have been indicted under tbe act of July
31,1861, for a seditious conspiracy, tbe publish
ment of which is a fine, not over $5,000, and
imprisonment, with or without hard labor, not
over six years. One of the most important
points is tile drawing on the petit jury who are
charged with the trial of the prisoner. The
jury is to be drawn according to lot or otherwise,
according to the mode practised in the State for
selecting juries for the highest courts of law.—
The number of jurors to be summoned is left to
the discretion of the Court, as at common law.
The act of July 16,1S62, repeats so much of the
act of 1789 as requires in cases punishable with
death that twelve petit jurors be summoned from
the county where the offence was committed.—
Under the act of June 17, 1862, no person
allowed to sit on the jury who was in any degree
of complicity with the rebellion. This is an act
of controlling importance, because it insures
that the trial shall be before a loyal jury. Mr.
Davis cannot be tried by any of his confederates,
His fate will rest entirely with his political op
ponents. The jury must be unanimous, or there
can be no verdict. This is the invariable rule of
tbe common law, and lias existed time whereof
the memory of man runneth not to the contrary,
The piesiding judge can rule authoritatively on
questions of evidence as they may arise in the
progress of the trial; but as the jury always
in criminal cases, return a general verdict of
guilty or not guilty, they are practically the
judges of the law as well as the fact, and there
is no appeal fr om tlieir decision. There has
never been any exception to this principle in the
common law, except that in cases of libel it had
frequently been determined by the Court of
King’s Bench that the only question for the con
sideration of the jury in criminal prosecutions
for libel was the fact of publication and the truth
of the inuendoes, and that the court alone was
competent to determine whether the subject of
the publication was or was not a libel. And it
was for this ruling ot Lord Mansfield that the
celebrated Junius so bitterly attacked Lord Mans
field. Lord Camden, the friend of liberty, differ
ed from Lord Mansfield, and the matter was fin
ally put to rest by tbe memorable act of Pallia
ment 32, George III., known as Mr. Fox’s act,
which determined the law against Lord Mans
field’s judgment, by expressly recognizing the
right of the jury to determine the facts and law
of the case by a general verdict of guilty or not
guilty.
The trial can only end in one of three way9
1. verdict of guilty. 2. By verdict of not guilty.
3. By the inability of the jury to agree.
In the event of this third alternative arising,
the first question which will arise is, whether Mr.
Davis will be entitled to bail. The constitui on
provides that “In all criminal prosecutions th8*
accused shall enjoy the . right to a speedy and
public trial.” Iu determining whether Mr. Davis,
after more than a year’s close imprisonment,
would be entitTedj In the event of the disagree
ment of the jury, to be discharged on bail, would
be a question of legal-discretion, to be determin
ed by the judge. By the celebrated Habeas
Corpus act of 31 Charles II. ? it was provided,
iixth, “that every person committed for treason
or felony, shall, if he require it, the first week of
the next term, or the first clay of the next session
of Oyer and Terminer, be indicted in that .term
or session, or else admitted to bail, unless tbe
king’s witnesses cannot be produced; and if not
indicted and tried in the second term or session,
he shall be discharged from his imprisonment
for such imputed offence.”
It is not likely our judges would take a less
fiivorable view of the prisoner's application than
the rule furnished by this statute. The serious
question would be, how many terms of the
court have passed since tlie prisoner was first
arrested. The counsel would in all probability
contend that by intendment of law United States
courts were holding their regular terms for the
last twelve months in the State of Virginia, or
at least might have done so. A further provis
ion of the constitution might perhaps also, in
the event of a disagreement of the juiy, be in
volved in behalf of the prisoner—that one which
sets forth as follows: “Nor shall any person be
subject, for the same offence, to be twice put in
jeopardy of life or limb.” The meaning of this
ule is, that defendant is in legal jeopardy the
moment a petit jury is charged with the decision
of his case. Rut though there lias been some
difference qf opiniqn on the point, it may be as
sumed that when the jury are discharged from
the further and final decision of the case, be
cause ot their inability to agree, the prisoner
may be held to be tried anew. At one time in
England, where the jury could not agree on a
capital case, the judge, instead of discharging
them at the end of the term, had them carted
around the circuit with him. This practice,
however, is exploded. In case, then, of the ina
bility of the jury to.agree, the utmost the pris
oner could ask, from that fact alone, would be
tlie right to be out of prison on bail.
Shipwreck of General Sterling Price’s
Pamily.
LETTER FROM MRS. PRICE—A THRILLING
NARRATIVE.
The subjoined letter to Mrs. Childs, sister of
Mrs. General Sterling Price, resident at Jefferson
City, ha9 been communicated to the People's Tri
bune, and from that journal we transfer it to our
columns. The letter portrays the hardships endur
ed in the shipwreck of the Vera Cruz, and will
be read with interest. The relatives of General
Price in Jefferson City are advised of tiie safe ar
rival of the family in Mexico.—St. Louis Demo
crat :
New York, April 2, 1866.
My Dear Sister : This is the first day that
have felt able to address you since our terrible
misfortune ot the 12tfr instant, some account of
which you have seen in the newspapers. Truly,
as our dear old father used to say, “ Misfortunes
come not singly, but in battalions.” In our case
it has assuredly been verified. And yet I feel at
this moment a deep debt of gratitude to God
that our lives are spared. From the first hope
seemed a vain delusion.
I was first alarmed by an awful jar of the ship,
several hours before daylight. For an instant I
thought it a dream. Soon after the vessel struck,
the smokestacks fell, crushing in the bulwarks,
and staving in one of the lifeboats, as I after
wards learned. The flames then buret furiously
forth, and the fear of fire appalled the bravest
hearts.
Fortunately, however, tlie blow pipes broke
off at the same time, and the rush of water pre
served the boilers from explosion.
Celcus sprang to bis feet, requesting us to
dress immediately; but we were so much paral
yzed that we could not obey his first bidding. I
felt that we might as well go down in our night
dresses as any other way. However, he continu
ed to remonstrate, beseeching us to be in great
haste. I then threw on my dress, but could not
get my arms into the sleeves. So I tied them
around my waist. This left me a very long
train. However, marvelous to relate, I waded
through in some way.
When we reached the deck, we found all the
ladies there assembled, except one—a Spanish
lady. When she made her appearance, I can
never forget the expression of her countenance.
She behaved calmly, bnt the terror expressed in
her face is beyond conception. She was the wife
ol Senor Arajo, envoy from tbe Imperial Gov
ernment to that of the United States—sent two
years ago. Although he was received by this
Government, he has remained in New York un
til the present, and had started back to Mexico
on the Yera Cruz. He seems to be more Ameri
canized than she. He spoke onr language very
well, but she did not. They had a little daugh
ter four years old, who spoke both languages,
often actin'* as interpreter for her mother. He
had several nephews who have been with him
daring his stay here. There were many other
very nice Spanish gentlemen, in all about thirty
—also several Cubans. I suppose we would
have gone all the way and not made their ac
quaintance, but for the shipwreck.
But being thrown together, as we were, upon
the island in our distress, we became very social;
so much so, that when we reached Norfolk, on
our return to this place, by the request of Senor
Arajo many of us had our photographs taken in
a group. He wished us to be as nearly as we
could in our shipwreck dress and general ap
pearance. So I must tell you here that Senor
Arajo, in attempting to get into the lifeboat, fell
into the sea. Therefore you will discover in liis
position that his hair is wet, and tbe water drip
ping from his face. Some of the gentlemen had
their life preservers tied around their bodies, and
the ladies their hair failing in every direction.—
Stella’s wSh all flowing loose, her comb having
been left on the ship; also, her hat. Some lady
gave her a handkerchief. I, in my frenzy, left
my cap and other articles of dress; but succeeded
in getting the sea foam Sarah gave me, tied upon
my head: So it answered for cap and bonneL—
This you will discover in the picture.
I will now return to my first appearance upon
deck, and with pleasure tell you that Celsus far
surpassed my expectations in liis efforts to save
us. His deportment won for ’him .the (respect
and confidence of all the passengers. As I be
fore mentioned, we had nothing but starlight.—
Tlie ship threw Up distress signals, which illu
minations but more plainly revealed to us our
perilous situation, making more clear to our vis
ion the terrible billows of the sea.
When the life-boat was in readiness to receive
the ladies, Stella was the first to descend, I the
second. There were but seven ladies and two
children. Two life-boats were, therefore, suffi
cient. I had no idea what was to be done when
the life-boat we were in moved off to give place
to the other. My only hope was in the mercy
and protection of an all-wisfe and all-powerful
God; and I must say I felt, if it was Hi9 will
that we should perish, it must be right. I was
the only lady who raised her voice in prayer for
His protection. The whole company were more
calm than you can imagine. It might be tried a
thousand times and I could not do as well again.
Just think of a helpless creature like myself
swinging down into a life-beat, and that tossing
in every direction, seeming to every appearance
that it must go under.
The life-boats were tied to the ship, she still re
maining firm in her position. I suppose we were
riding the waves round the ship two hours, not
having any idea what our next move would be.
As the light of day dawned upon us, we discov
ered that some of the gentlemen had reached the
shore. That gave us hope, of course. Every
moment seemed an hour. At length they re
turned to our rescue, inquiring who would first
volunteer to go with them to shore. I did not
hesitate, seeing that was our only chance.
I was the first to get into the boat, Stella the
next, then two others.
I suppose we reached the shore about nine
o’clock. We were told afterwards that the pas
sengers on the ship raised quite a shout when
they saw that we had reached the shore in safety.
However, I was completely enveloped in the sea.
In the moment of my leaving the boat, I being
the last one to get out, a wave came dashing over
our heads which threw me perfectly flat. The
sailors held on to me, which saved me from be
ing carried back into the ocean. My feet had
been wet from the time I got into the life-boat,
but in the end I was completely saturated with
sea water from head to foot. I remained with
my wet clothing on until next day, when we
reached Roanoke Island; slept in them that
night, and strange to say did not take the slight
est cold. I sat with my clothes dripping upon
the sand, watching the boat returning for those
we had left behind. It would go entirely out of
sight; after mounting the billows. I can but feel
that the mercy of our Divine Master alone saved
us all. The next return brought Quintus; the
next Celsus. *
At that time I cared nothing for our losses. I
felt so thankful for our lives. But since our re-
thm to this place, we feel veiy much the need of
our clothing.
I grieve more for Stella than myself, of course.
Her handsome (raveling dress was tpra tp pieces.
She must buy a dress" to travel in. It cost us up
wards of fifty dollars in specie to get to New
York, and our expenses here for six days count
up to persons in our situation. A friend paid our
expenses when we were in the city before—Mr.
Kerl. We have not seen him since our return.
Colonel Snead and lady have just called. I like
tftem very much. Mr. Beebe came yesterday,
and expressed a willingness to assist ua in making
new purchases. I felt yery grateful for his kina
offer, but told him we could not make any unless
we recovered damages of the ship; and that I
feared could not be terminated before wc would
have to leave. We will try it once more on the
Manhattan, which sails on the 25th instant, two
days from to-day.
Celsus has brought suit, assessing our losses at
three thousand dollars. His lawyer thinks the
prospect hopeful, but we can have no idea as yet
what may be the result.
I will enclose you some newspaper articles,
which go to show that the vessel was lost through
shew carelessness. Celsus sent Georgia a paper
from Norfolk, to let you know that we were safe.
You may perhaps think we have been negli
gent in writing, but could you have known our
situation, you would have thought differenly.
When we landed at Body’s Island, at a poor fish
erman’s hut, we remained there until next morn
ing ; (and can you believe it ?) we took a fisher
man’s “dug out,’’ with one sail, and went fifteen
miles across Pamlico Sound, to reach Roanoke
Island.
A Mr. Gatewood and Mr. Burwell, of Virginia,
have attached themselves to our party. We have
found them veiy pleasant company. Mr. G. is
from Petersburg, and was introduced to us by
Col. Snead. He is a cousin of Lieut. Maury.
Mr. B. is from the Valley, and has a letter of in
troduction from Gen. Lee to Gen. Price.
The fisherman’s boat was just large enough to
take U9 and the little baggage we had left.
As we were the first to leave Body’s Island we
fared a little better than those who followed. A
Federal officer bad the kindness to give us his
room. We remained there two days and nights
before getting a conveyance to Norfolk, and a
miserable one it was. In that place we stayed one
day. The purser paid oiir expenses while there
and our way to New York, but in eveiy other in
stance we had our own bills to foot
I mentioned our little baggage. All was lost
except our trunks containing clothes for present
use, and they being under water, everything in
them was wet and ruined. You may imagine
some of our clothing 19 not damaged beyond rep
aration ; but such as would have borne washing
was packed in the boxes which went to the bot
tom. Since we put in our claim, I have thought
of a great many things we did not value at all,
for they escaped my memory.
There were two silver and two gold snuff boxes,
besides other elegant presents of laces and cm-
broderies, presented by the ladies of the South ;
in addition to correspondence from Paris, and let
ters from distinguished gentlemen, which we
value beyond price, of which I did not think.
I mentioned that I tied the sleeves of my dress
around my waist—a very fortunate thing, indeed,
as it preserved my purse, which contained all I
If we could have gone on we would have
reached Cordova to-day. Clarence, I amigine,-
has gone via New Orleans, and by our not com
ing, I fear they will think we are lost, and there
no way of relieving their suspense.
When I began this I thought I would write to
Mrs. Garth, but you must send this to her and
Kate, and they must read and forward to brother
John and sister Sarah.
I feel that I have not said half I wished, but
will tell you all when you come to Mexico, for I
cannot give up the idea of your joining our col
ony. Your affectionate sister,
1 Martha Price.
The Slanderer.—The pest ot moral society
the slanderer. His putrid presence is discov
ered, though for the time perhaps, bodily he be
concealed from sight He taints tiie atmosphere
everywhere he moves, and the blight of demoral
ization follows in his tracks. Insidiously vic
tims fall by his poison, and all others, perhaps,
are injuriously affected within the radius of his
influence and observation. While some are
startled and appalled by results others are mor
bidly erected with a prurient interest, and thus
vicious effects are spread. The evil grows by
wbat it feeds on, and only a sturdy andmagnani-
mous sense of right resisting the baleful influ
ence, finally exercises it, and expels tbe slanderer
from tbe paths which he has polluted.
Iu all its degrees, slander is the most danger
ous, as it is the most cowardly, of all the vices
The freedom of speech, which in this country,
we encourage in public and in private affairs has
advantages which cannot be exaggerated, but its
value would be much enhanced if a nice dis
crimination were cultivated in the public mind,
so that while troth and honor are watched and
guarded, and timely warning shall be given of
departures from public and private virtue, there
shall be in the social circle, or before the pub
lic _ judgment, no charge or whisper of evil
which truth does not warrant and which justice
does not require at the hands of charity shall be
made known.
Found His Level.—Massachusetts, not un
mindful ot her greatest General, the immortal
Butler, has just elected him major general of all
the militia. Once a year the Massachusetts mi
litia assemble, consume vast quantities of molas
ses, cod fisti, ginger-bread and spruce beer, and
conclude the exhibition with a terrific sham
light.