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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.