Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, November 27, 1867, Image 1

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Newspaper Page TextERROR CEASES TO BE DANGEROUS WHEN REASON IS LEFT FREE TO COMBAT Yt."—Jefferson. VOLUME XIX. ATLANTA, GA., WEDNESDAY, NOVEMBER 27,1867. NUMBER 48. Wetltlp Jttteiliflntfcr. ATLANT aTgBOBGIA, Wednaiday, November 27, 1807. VaiMd State. Co arts for So a them District •I Georgia. DISTRICT COURT. iion. John erskixe, judge, presiding. November 16, 1867.—Ex-Governor Brown, counsel tor Foster Blodgett, filed an affidavit, sworn to by said Blodgett, in open Court, tend ing to prove that he (Blodgett) had some mouths Hgo received information from Colonel Fitch, District attorney, that a charge ol perjary would tie preferred against him before the grand jury at the present term of the Court; that Colonel Fitch promised to allow his (Blodgett’s) wit nesses to go before the grand jury; and also, that he had been informed and believed that Colonel Fitch was sick in the city of New York when the Court met; and, therefore, he con sidered it doubtful whether his case could be brought before the present grand jury. The object of this affidavit was stated by counsel to be, to show that there was a charge against Mr. Blodgett now pending before the grand jury, and also to show why he did not challenge said jurors before they were sworn. Colonel Fitch, District Attorney, then re sumed his argument in opposition to the motion ol Ex-Governor Brown as counsel, to be per mitted to challenge certain members of the grand jury on the ground that they bad been en gaged in the late rebellion, in the course of which he read numerous authorities in support ot the proposition that an individual member o( t lie grand jury cannot be challenged after he has beeu sworn, except for a cause which has arisen since he was sworn. Counsel for Mr. Blodgett, in reply to the argu ment of Colonel Fitch, insisted that the act ot Congress of the 17th of June, 1868, wns not passed exclusively for the protection of the gov ernment, but for the protection of every citizen of the Government, and, therefore, the right ot challenge is not confined to tlie legal representa tive of the Government, and in support of this construction of the statute he referred to the set tled policy of the Government, giving the accus ed a decided advantage over the Government, in the right to challenge the jurors by whom lie is to be tried. He also showed that lie had made his motion to challenge the jurors at the earliest moment when it could be made after Mr. Blod- gett bad notice that his case was (lending bclore the g. and jury, and before they had found a bill —uo final action having yet been had on his case. After the conclusion ot the argument of ex- Governor Brown, the Court granted .he petition of Mr. Blodgett, aud ruled that the right of chal lenge under the first section of the Act ol Con- gre»a, belonged as well to the accused as to the Government, and applied as well to grand jurors as to petit Jurors, and is possessed oy every per son against whom a criminal charge may be pre ferred, and thu* Mr. Blodgett having moved to challenge the jurors at the earliest lime when he could be heard by the Court, bo has a right to be heard. The Court then informed the grand jurors that when any one of them was challenged, the oath prescribed in the second section of the Act of Congress ot tlie 17th of June, 1868, would be read to him. and if he did not choose to take it, he should retire from the Jury box. The tinmen of the jurors objected to were then called, aud the oath read to them by the Clerk of the Court, whereupon all the jurors challenged, with the exception of Marliu Duggan and Johu 8. yturtevant, declined to lake the oath, aud re tired irom the jury box. The United Slates Marshal was then ordered to summon thirty-six additional grand jurors frotn'ihe body ol the District to appear in Court at twelve o'clock, M., on Mouday next, to which hour the Court adjourned.—.Saca/moA Republican. The foregoing decision of Judge Ek- skine is a very important one in two respects.— First, it has a significant political bearing, and then a very practical one in its bearing, as it must be the precursor of negro jurors in our United States Circuit and District Courts. Jus tice Wayne, under the present law ot Congress, can have no successor, and Judge Erskiue reigns supremo. We thought this test oath had received its quit tv i in the lawyer aud clergy cases decided by the Supreme Court of the United Stales. It a lawyer need not take the test oath to practice in the United States Circuit Court, we should sup pose a citizen need not, to serve as a juror. But we ouly take a common sense view of such questions and that, in these sensation times, is, we presume, out of order. The test excluded twenty-one .out of twenty-three jurors, and if this proportion applies to our whole male popu lation then Cuffe's advent as a juror is at hand, and, together with Judge Erskiue, will adminis ter the law in the United States Courts for Geor- This is in one respect right, for if Ca»sar Holding Ic ta Cheek. The Alabama So-Called Slate Coav«Btl«a. The telegraph of yesterday morning tells us | As if anticipating what this mongrel concern that that institution at Washington is being used i would do on the question of disfranchisement— i very freely to hold the Alabama Unconstitu- I as reported in our telegraphic dispatches of yes- tional Convention in check—that the leaders in ■ terday morning—the New York Timet says: that mongrel concern—or rather, according to j The absurdity of the proposed plan of dis- the Montgomery Mail—that menagerie, manifest j franchisement is on a par with its mUcbievous- , . . , ' . . * .... . ; ness. A provision engraftiDg in the Constitn- a desire to place the Sta»e in the condition of j iioa the d f 8abnilies jm^ed by the Reconstruc tion acts would be intelligible, thongh in oar opinion inexpedient. Or a provision extending Tennessee, whereas the radical folders in Wash ington, insist on universal suffrage, taking the ground, says the telegraph, that the Northern elections demonstrated hostility to negro supre macy, but not to negro suffrage. It further re ports that the Washington radical leaders are not hopeful of controlling the Convention; and that numerous dispatches are passing between their leader» and Generals Pope and Swayne. Those who sow the wind may expect to reap a whirlwind. Potent as have hitherto been the radical folders in Washington, we doubt much whether they can control the menagerie now in session in Montgomery. There are too many wild animals in it to be tamed down suddenly— animals that think Brownlow’s Tennessee gov ernment too good for Alabama "rebels" by long odds. It is useless however to speculate upon what the Alabama Convention will do, when in a few days we shall know. We will not be sur prised though at being called upon to record the fact, that despite the influence of the radical leaders at Washington, the Convention will take a Brownlow course, and play the deuce with the radical party all over the North. But we shall see. gia. and Poiupey are t.> be jurors iuour State courts, t.'ufloo aud Cudjo ought to be in the United States Courts. We are not less surprised at this decision thau at oue that interest runs against a debtor during a 9tnte of war waged by a de facto Government, he being & citizen ot that Govern ment ; or that Confederate Treasury Notes do not rise even to the diguity of specifics. But then should reflect, that it is of no conse quence that we are surprised. We live in a pro gressive age, and it goes so fast we cannot keep pace with it. That must be our fault, and we must endure. Tlie Home Journal. As it purports to be this is a first class paper devoted to “Literature and Society." It has now reached the twenty-third year of its brilliant ex igence, made so, until recently, by one of its cel ebrated founders, the late N. P. Willis, of whom it may be said that he died “with harness on,” striving to keep this pet, for many year* of his life, foremost among the literary Journals publish ed on this side of the Atlantic. We mean no disparagement to the other gentlemen connected wiih tlie publication of the “Home Journal” du ring Mr. Willis’ connection with it, in paying the tribute we do to the latter’s memory—Mr. G. P. Morris and Mr. Philips, both of whom have won many literary honors, aDd merit much praise lor the literary labors which they have bestowed upon it. But the charm was in Willis,and be fairly captivated the public through the columns of the “Journal.” Since his demise the paper has been enlarged and improved, and is now published at No. 107, Fulton Street, New York, by Morris Philips & Co., at the low price of fS per annum. To the family circle we com mend the “Home Journal,” as embracing those t >pics of luterest in current literature, as well as in Fashion, which are so agreeable around the fireside at home, while it embraces also much more that constitute sit a choice—nay the choicest, literary paper published in the North. Once in troduced into a family, it becomes thereafter a household necessity. Gen. Pope’s Cssraattos Order. Gen. Pope has issued an order, bearing date tlio 19th instant, convening the so-called State Convention at this place, on Monday, the 9th day of December next, “to frame”—we use bis o wu language—*“a Constitution and Civil Gov ernment for the State of Georgia, according to tin- provisions of the acts above referred to, (‘an act to provide for the more efficient government ot the rebel States,’ and the acts supplementary thereto,) aud that when the same shall have been so framed the said Constitution be submitted for ratification to the registered voters of eaid State as further required by law.” God sate the State ! A merchant in Savannah lots received a let ter from a friend at Jacksonville, Fktrido, which asserts that Florida will not ship five thousand bales of cotton this yesr. There will not be a third «f an average crop. The education that Hast be Met-—Green backs v*. Gold. It was, during the canvass that preceded the recent elections in Ohio, Pennsylvania, New York, and other States, and it is still the ques tion that must be met, whether the outstanding bonds of the Government, the interest upon which is made payable in gold, upon maturity, Bhall lie redeemed in greenbacks, or in gold.— Prominent men North and West, in both parties, have committed themselves to the redemption of the bonds in greenbacks, and this is termed repu diation by the bondholding classes. Whether it is so, or not, we do not propose to discuss. \Ve simply desire to call attention to the fact that it is a question which must be met, and one which will enter largely into the next Presiden tial canvass. Sustained by almost the entire Democratic party Westof the Alleghanles, Mr. Pendleton, of Ohio, advocates the redemption of the Government bonds in greenbacks; while Butler und Thad. Stevens, Radical leaders on the other side, make the same declaration, and advocate the same policy. The New York Times, iu Ihe following extract, assigns a posi tion to each, Pendleton, Butler, aud Stevens, somewhat different from the other. It says: “ A certain degree of difference exists between Messrs. Pendleton and Butler. The former brings forward tlie question as one ot relief. His aim is to lighten the taxation of the country to the ex tent ot the interest ou the Government bonds, and atthesamo time to counteract the effects of currency contracted by a renewal of inflation.— He proposes to terminate taxation on account of tlie debt by paying off the debt, for which pur pose be would issue two thousand millions of legal tender paper. The question of credit arises in his case incidentally. The measures we refer to he advocates as features ot a policy adapted to the requirements of the country, and ho refers to the letter of the bonds only to show that in his mind they present no insuperable obstacle. Butler, on the other hand, deals with the matter as one ol legal construction. He holds that the country has not covenanted specifically to pay in gold, and may, therefore, pay with paper, leaving al together out of sight the effect ol his interpreta tion upon tlie volume of currency. Mr. Thad- deus Stevens does not stop at this point. He plants liimself squarely on the Pendleton plat form. He calls for relief from the taxation en tailed by the bonds and from the contraction car ried on by the Treasury under the law. And what he cleems it expedient to do, he insists may be done without injustice to the bondholders. He would, therefore, discharge the debt as quickly as possible, and would issue the amount ot paper necessary to attain that end. * * * A cir cumstance which imparls unpleasant significance to the latter feature of the scheme, is the preva lence of a strong feeling in favor of inflation throughout the West. We have recently shown that Western opinion favors further issue of cur rency, and that Republican and Democrat alike sail with the current." It the Times be correct, in the position it as signs to Pendleton, Butler, and Stevens, and we believe that it is; and if it be true that “Western opinion favors further issue of currencynoth ing can be more certain than what the bond holding classes of the North call "repudiation,” must come. The South, we opine, will have but little, if anything, to do in the settlement ot this grave question. She will be a mere looker-on, though, as it affects the North and West, it must affect the South. Hence, not only must the few capitalists left in the Southern States look to the settlement of this great financial question with interest, but all classes of our people mu3t do so, tor with a “further issue of currency,” much more ot it will seek investment in the South, than at auy previous period in its history 7 . Per haps in her present financial condition, this will be esteemed a relief to her people. Indeed, we have heard and seen it so argued. It may be, but upon the principle that it i9 better to have an inflated currency 7 than no currency at all, which is about the condition the South is now reduced to, notwitstanding she has produced cotton enough to curicli an empire. Distressing, Very. We are much distressed, of course, at the ac cidents which have recently befallen Senators Wade and Sumner, as will be seen in the follow ing, taken from the correspondence of the Bal timore Sun : It was indeed a merciful interposi tion ot Providence that both these notorious radicals Senators were not killed, as they have doue much evil in their day : ACCIDENT TO THE VICE-PRESIDENT, PRO TEM. Through a private letter by a gentleman in this citv, we learn that Senator Wade met with quite an accident oil last Friday while returning to his home at Jefferson, Ohio, in a buggy, from Ashtabula, C. The horse became frightened aud unmanageable from some cause, upsetting the buggy and throwing the Senator upon some rocks, where he received several severe and pain ful cuts on the head. The letter states that not withstanding the accident, the Senator expressed his determination to be present ou the opening ot Congress on the 31st instant, but it i9 doubt ful whether he can attend to his duties by that time. ACCIDENT TO SENATOR SUMNER. A lew days since, while passing over the South ern Michigan Railroad, Mr. Sumner, not observ ing that tne train was in too rapid motion lor the sale execution of such an act, stepped off and was thrown violently to the ground. His head was badly cut aud his arm and tlilgb much bruised. At Lut. Says the Macon Journal «£- Messenger of yes terday’s date, “we have reliable information that Governor Jenkius has been ordered by General Pope to hold himself in readiness to march at a moment's notice. And the on dit from the same source is, that a shining light from Thomas county, who gained some little notoriety a short time since by denouncing Ben. Hill as a “finish ed demagogue,” is to be his suoceasor.” Thurlow W eed’s paper says: “CoL Forney, who has a keen scent windward, evinces his sa gacity by jumping on the Grant train. He im agines that it is a radical machine, but it does not matter a great deal what the fly thinks of the cart wheel 1” | these disabilities anywhere within the range of | known rebels would be comprehensible, albeit harsh and unjust. But the disfranchisement of every man, loyal or disloyal, who refuses to ex ercise the franchise is at once so extravagant and unreasonable, that we must attribute it to a de-. sire to proscribe all who oppose the present method of reconstruction. Congress went too far when it deprived a large class of the privi lege ot citizenship, but at least it had the plea of punishment for rebellion to urge in mitigation of its course. The Alabama Conventionists, however, have not even this excuse. According to their ideas it is not necessary to prove the presence of the rebel taint They propose to punish, not for rebellion, but merely for director indirect, known or implied, opposition to the law under which they sit. Whether the object be to punish those who voluntarily abstain from the use of their votes, or to secure the permanent supremacy of the element which is dominant in tlie Convention, the step of which the telegraph speaks is unfortunate. It awakens apprehensions as to the means by wbicb the party represented in the Convention are prepared to perpetuate their power. Whether the evil example be followed or not, what has already occurred shows the duty that will be incumbent on Congress in regard to the Constitutions to be submitted for its ratification. Something more than the approval of whatever may be declared regular in form will be neces sary to render the work of reconstruction de fensible. Congress must take care that its anx iety to protect the negro in his newly acquired privileges does not blind it to the impolicy and injustice ot measures restorted to by the negroes for their partisan or personal advantage. Fair play they are entitled to, and fair play, guarded by an equality ol civil and political privileges, they must have. But justice to the negro does not necessarily involve injustice to white men ; bis enjoyment of the franchise may be placed beyond jeopardy without peril to bis white neighbors. The task will therefore devolve upon Congress of purging these Southern Con stituiious of all proscriptive provisions, as the ouly method of maintaining peace and safety. True wisdom will dictate more than restraint upon such excesses as those which seem likely to prevail at Montgomery. It will suggest the abolition even of the disabilities that now exist, in order that the alienation which threatens the permanence ot reconstruction may be effectually removed. To the foregoing, we need not add a word. We cannot retrain, however, from expressing the contempt which every honest white man must feel lor the radical concern now in session at Montgomery. “Lashed naked round the world” would bo inadequate punishment for such a set! The Blodgett Case. It seems from the following, which we take from the Savannah News <& Herald, of Tuesday morning last, that the “ end of the beginning" iu the case of Blodgett, before the United States District Court iu Savannah, has not yet been reached. That paper, in its account of the pro ceedings of the Court on Monday-morning last, says: “ On motion of Colonel Fitch, the District At torney for the United States, the United States Marshal was directed to summon such members ot the Grand Jury as were discharged on Satur day last, iu pursuance of the decision of the Court iu the matter of Foster Blodgett, to ap pear iu Court to morrow morning at ten o’clock. “ The Court granted ths motion, for the pur pose ot giving Colonel Fitch an opportunity to submit a motion praying the Court to review its decision a9 to the mode of trying the question of disqualification of said jurors.” This case has assumed an importance by the rulings of the Court, which it otherwise would not have assumed. It never was, to the public, a matter of much consideration whether the party charged with perjury was guilty or cot, but it is now a matter of grave consideration whether the rulings of the Court, in regard to the Grand Jury, is in accordance with law, and whether there sis any precedent for it in the practice of the United States Supreme Court or any other. The reopening of the case, through the motion of the District Attorney, will, we presume, give light upon both the law and pre cedent. We shall look with interest to the final termination ot these novel, proceedings in a case, which, otherwise, we cared but little for, save in the consideration, that, as perfury is one of the gravest crimes that can be committed, its legal reward should be promptly bestowed upon all guilty of the “ deep damnation.” Supreme Court of Georgia. For the information of the bar of Georgia, we publish the following, it being the order in which the circuits will be called at the December term of the present year ; 1 PATAVLA CIRCUIT. Stewart .2 Terrell.. _ 5 Randolph 9 Clay 1 Webster 1 2 SOUTHWESTERN CIRCUIT. Calhoun. 1 Decatur 1 Dougherty S 9 COWETA CIRCUIT. Fulton U Meriwether 8 Troup 8 DeKalO — 10 FLINT CIRCUIT. Newton 2 Spalding ....1 Monroe 1 11 NORTHERN CIRCUIT. Baker 1 Elbert 8 Sumter 4 Lincoln....... ..........1 Lee 4 Tallialerro -1 S niduls circuit. Oglethorpe 8 Richmond 9 Hancock 2 Burke 1 12 western circuit. Washington 1 Gwinnett 1 City of Augusta 1 13 Chattahoochee circuit Schley 6 Marion J Talbet 2 Muscogee 8 Harris 1 Chattahoochee 1 .1 4 EASTERN CIRCUIT. Chatham 3 5 SOUTHERN CIRCUIT. Pulaski. -1 6 CHEROKEE CIRCUIT. Catoosa 1 Murray 1 Taylor Whitfield 2 14 hacon circuit. 7 BLUE RIDGE CIRCUIT. Bibb 2 Lumpkin 1 Crawford S Pickens 1 Dooley 1 Gilmer 8 Macon J Forsyth 1 15 ocmclgee c^iouit. 8 tallafocsa circuit. Morgan —1 Polk 4 Floyd 8 Campbell 1 The Clerk of tlie Court announces that Bills of Exception, by the 83d rule, most distinctly specify the points of error upon which counsel expect to rely. The 14th rule requires the plain tiff in error to iurnish each of the judges Vfl the reprrter with a copy of the Bills of Excep tions ; and a no'e of the points or questions to be made before the cause is heard. These roles will be distinctly enforced hereafter. Theodore Hook on Whist.—" Never,” said Theodore Hook, “let man and wife play together at whist. They are always telegraphs: and if they fancy their looks are watched they can al ways communicate by words. I found out that I could never win of Bmigsmag and his wife. 1 mentioned this one day, and was answered, ‘No, you can never win of them.’ ‘Why?’ said L— •Because,’ said my friend, they have established aeode.’ ‘Dear me! signals by looks?’ ‘No, said he, ‘signals by words.’ If Mrs. Smigsmag is to lead, Smigsmag says: ‘Dear, being.’ Dear hug-in* with d, so does diamonds, and ont comes one from the lady. If he has to lead and die savs, *S my love,’ she wants a spade. ‘Harriet my dear, how long you are sorting your cards.’ Mrs. Smigsmag stamps down a heart, and a gentle ‘Come, my love,’ on either side, produces a club.’ ” roe THE ATLANTA MELUSIICAA The Elective FmeddM. A certain class of political theorists assert that the right to vote is an attribute of humanity. These advocates of manhood suffrage attempt to maintain this proposition by advancing another which is equally untenable, viz: that as every man is bound to obey tbe laws of the State in which he lives, it is just that he should have voice in the making of those laws. That this reasoning is fallacious, will appear when we consider that every man is born aanbject ot law Every member of a State is subject to its funda mental law—the law of Justice. If it were poa sible for a man to be bosn out of society—entire ly free and independent, be might, with some show of reason, object to entering into civil so ciety, and yielding obedience to the laws of the State of which he is about to become a member, unless he was allowed to have a voice in ©boos ing tbe rulers and law makers ojjthat State.— But 88 it is apparent to every one that this hy pothesis cannot be realized, it follows that the elective franchise is not an attribute of humani ty, but as the name indicates—a franchise. Were all the members of a State equally in telligent and patriotic, it wonld be unjust to deny them universal suffrage. They would all be equally capable of discerning tbe true interests of the body politic, and equally desirous of pro moting them. But this is not true of onr conn tiy, nor ot any other on the globe. A few years ago the elective franchise was limited in all the American States. And this limitation or restriction is essential to the health of the body politic. Most of the States have now abolished these restrictions, and the ten dency is towards universal suffrage. Universal suffrage is the dream ot Utopian theorists; it is the prolific source of factions dis cord : it begins in folly and ends in ruin. Ames said a good deal, when he said, “Faction and enthusiasm are the instruments by which popu lar governments are destroyed." All history testifies that those governments whose powers were generally diffused among tbe people, were tbe weakest. They traveled along the same pathway; passed through the “upper and nether mill-stones” of contending factions, endured the horrors of anarchy, aud in tbe end, yielded to tbe iron role of military despotism. This sad commentary on republicanism, Is written in let ters of blood upon the wall which divides the past from the present; it multiplies itpelf in tbe pages of history—we cannot understand it, for the language is plain, and it b supposed by the inexorable logic of facts—a logic almost as pointed, and certainly more convincing than tbe bayonet. Universal suffrage weakens* republic; wisely restricted suffrage strengthens it. AstnOg as the eleotive franchise is possessed only by those who are worthy, and capable of exercising it intelli gently, Juat so long will it be prized as an Inesti mable privilege, and the day that see* this pre cious pearl trampled in the mire beneatl the feet of swine, will also witness the end of g.tod gov ernment, and the beginning of diassrta^tetion, discord, and despotism. In the coarse of a month ortwo.it is probable that the Georgia Constitutional Convention will commence the long-delayed work of reconstruc tion. What does tbb body intend doing ? Ev erything. What will they do ? Quien sabe ?— Rumor says that tbe Convention will disfran chise a large number of whites, and enfran chise the black race. But this is merely rumor. It can hardly be possible that tbe white mem bers of the Convention will consent to degrade their own friends and brethren, by placing them under the rale ot their former slaves. And even if they had fallen so low as to entertain the thought, self-interest alone would restrain, and smother the devilish intent. No, it b altogether improbable that the white citizens of Georgia will be disfranchised; in tbe fisrt place the white mem bers of tbe Convention are aware that the enlight ened public sentiment, not only of tbe North, but of the whole civilized world, wonld frown upon snch an act, and brand them with everlasting infamy. And secondly, they dare not do this “deed without a name,” for fear that their sable co-adjntora would turn upon them, after a while, and mete out to them the 9ame fate. The members of tbi9 Convention are nearly all new men, unknown to fame, and it is natural that they should desire to make their debut in public life with all possible splendor and eclat.— We have a right to expect from this body some of the rarest legblation that ever originated in the human brain. In the expressive language of Domine Sampson, it will be “pro-dig-i-ous I” Historical examples should be thrown away upon the representatives ot great “moral ideas,” who compose the approaching Convention; they look upon all that is venerable and time-honored with supreme contempt. But tbe temptation to conclude this article with a philosophico-histori- cal example b Irresistible. Cheops desired to perpetuate his name in the remembrance of mankind, and therefore he built a pyramid. A vain project, you will say. Quite right, but the sensible manner in which he went about its execution, redeems half of its folly. The pyramid was broad, firm, and solid at tbe base, and tapered regularly to its apex.— Had Cheops rejected the teachings of experi ence, and in his crazy desire to produce a nov elty, built an inverted pyramid, beginning with a pointed base, and gradually enlarged its dimen sions as it continued to rise, the outraged laws of gravitation would have sent the whole fabric rambling about his ears, and buried him beneath the ruins of bis own monument. Now the moral to be drawn from the above is this! If tbe Convention, in tbeir desire to dis tinguish themselves, disregard the voice of ex perience, and erect a political structure, placing the intelligent few at the bottom, and elevating the ignorant, many to tbe topmost height of power, they will have a kind of inverted pyra mid, far more absurd in design and execution, than that which Cheops had too much sense to build. If tl)f incompetent architects are crashed byrv—ili the tall of tbb anomalous fabric, the people will not mourn them long. W. P. R. do these incontestible foots explode utterly the insane and delusive dogma, at present ao strong ly maintained, that the right ot suffrage is essen tial to the security and enjoyment of onr other rights! Again: While Great Britain has kept fully up with the advance of enlightened public senti ment ; and has, along with her zealous efforts at diffusing knowledge and moral influences among the masses, made many reforms, and ex tended, from time to time, tlie right of suffrage; she utterly repudiates the present radical idea of “ manhood suffrage ”—that supposed panacea for all the ilia of human governments, which the l de dominant party wonld force upon the South at tbe point ot the bayonet! And, in addition to the utter rejection ot the idea of a supposed “ natural right" to vote, as a gross and danger ous political heresy, she maintains that the want of elementary education, and the non-payment of taxes in some tangible form, incapacitates any and all persons from properly exercising the commonest political privileges. In the esti mation ot the wise men of that nation, it is ab surd that a man wbc can neither read nor write, who possesses no property, and has neither sense nor forethought enough to provide for himself, should be allowed a voice in the management of the vitally important affairs ot States and na tions. Facts and counsels like these, we may not, in times like these, neglect. Warning in time may prevent endless regrets and hopeless ruin. Espe cially now that every State, North and West, has deliberately and solemnly rendered their verdict against not only negro suffrage, but against the whole radical scheme of reconstruc tion, let us beware how we give to it any sanc tion, or even tolerate the idea ot our being re constructed by that or any other scheme so degrading and rninonB! Southron. Alabama Unconstitutional Convention. THIRTEENTH DAY. Ivor tne atkanta intelligence*.t In addition to all that has recently been wit- nsed in the South, of the certainty ot most in jurious results to every interest ot our country, North and South, from giving the elective fran chise, indiscriminately, to the illiterate and homeless ma9ea.it cannot faff to be edifying and mintary, in tbb critical juncture of our aP fobs, to direct our attention to Great Britain, and notice how the profound thinkers ot that people from whom so large « portion of our civil polity has been derived, view this vital question. It b well known that under the British Government, though no distinction of race exists, the right of suffrage has always been restricted to a comparatively small number of rftiniM mm of intelligence, position, influence; propsty-boldero, and tbe chief payers of the And yet there is no other government on the globe that has ao sedulously and kindly looked after and cherished the interests of its whole population; or extended over them, at and abroad, an equally powerful mgisof both pTOmaand property! Thoa TUE8DAY, Nov. 19, 1807. Convention met pursuant to adjournment. Prayer by Rev. Mr. Inge, colored. The roll was called and the minutes were read and approved. Mr. Keffer reported from Select Committee, a preamble and resolution advocating a national system of cheap freight railways, as proposed by certain members of Congress. Mr. Dustan, of Marengo, from tbe Committee on Militia, reported an ordinance for tbe organi zation of the volunteer militia, which was order ed to be printed. Tbb ordinance provides that the volunteer militia of tbb State shall be organized from the able-bodied male inhabitants ot tbe State over the age of eighteen years, without regard to race or color. Upon the written petition of forty per sons liable to military duty under th* Constitu tion and l*ws of this State, recommending a suitable person to raise and command a militia company, the Governor may give such authority to organize tbe same when filled to the maximum number required for a company by tire United States army regulation. When a company so raised shall be accepted by the Governor, be may issue a commission as captaiu to said person. There shall not be less than one organized '3f:np*By of militia in each-county in thadORr, nor more than one company to every 1,000 qual ified electors. The Governor on entering upon the discharge ot his duties shall immediately proceed to organize the militia into platoons, companies, battalions, regiments, brigades, divi sions, &c. A vast amount of cumbersome ma chinery for the equipment, organization, &c., ot the militia is provided by this ordinance. The United States army uniform, regulations, &c., is adopted in full. An oath of loyality is required of officers, and a summary process is provided lor collections of fines, forfeitures, &c., against persons refusing to serve in the militia attar be ing enlisted, &c. The Governor to be Commas- der-in-Chief, &c. Hb staff shall consist of an Adjutant General with the rank and pay of Colo nel of Cavalry; a Quartermaster General, and Inspector General, a Commissary General, each with the rank and pay of Colonel of Cavalry; a Paymaster General, with the rank of Lieuten ant Colonel of Infantry a Surgeon General, with the rank and pay of Colonel of Iniantry; a Judge Advocate General, with the rank and pay of Lieutenant Colonel of Infantry; three Aides- de-Camn, with the rank and pay of Major of In fantry, &c. The Commander-in-Chici shall call into service snch platoon*,, companies, regiments, or other force as the safety and peace of the State may require, and to issue such orders and in structions, general and special, as may be neces sary to insure good discipline and perfection in drill and safety to the persons and property of the citizens of the State. [This is evidently an attempt to foist a Brown- low militia npon Alabama. It is similar in many respects to the tyrannical and unnecessary Militia law of Tennessee.] THE FRANCHISE QUESTION. The Convention proceeded to the considera tion of the majority and minority reports of the Committee on the Elective Franchise. During the night session ot Monday, Mr. Semple addressed the Convention in tavor ot the minority report, and was followed by Mr. Graves on tbe same side. Mr. Applegate spoke in tavor of some more thorough mode of disfranchisement than the majority report, and objected to tbe minority report as too weak. Mr. Keffer followed in support of the proposi tions of the majority of the committee. Mr. Wbeelan, tbb morning, addressed the Convention in support of the minority report.— He violently opposed the majority report, de nounced it as odious, and as going beyond the requirements ot Congress. He confined biin self to the legal aspects of the report, and cited numerous well-known legal authorities in sup port ot hb opposition to the adoption ot the majority report, particularly the disfranchising and proscriptive clauses ot that report. Tom Lee, a very black delegate from Perry, said be wanted to Ssk tbb Convention a ques tion. He appeared earnest and excited. Tom has been working on the Conservative side for several days, but hb remarks indicated that he was preparing to bolt. He raid, in his peculiar 3tyle, that as there b so mneb talk about the majority and minority reports, there must be a rabbit in tbe question. He asserted that in 1860 (meaning doubtless 1863) Congress offered the Southern people the right to secede back again. Now it was the duty ot thb Convention, where the colored man was a member, to protect tbe colored people, and he wanted it done, for be tween the two reports tbere was a rabbit in the question sure. On tbe motion to substitute tbe minority for the majority report Mr. President (E. W. Peck) addressed the question at length. He argued the question in all its phases, particularly its legal bearing and effect. He said be was in favor of the majority report, contending that thb Con vention had the right to dbfrauebise and pro scribe. Tbe success and salvatiou of the Radi cal party, be asserted, depended upon the pas sage by tbb Convention of the disfranchising clauses ot the report. He said that tbe majority report was not illegal, and that if either of the re porta were not in accordance with law, the mi nority report was open to the greatest objection on this point. He believed the majority report, wbile it might not rigidly be confined to tbe let ter of the Reconstruction acts, was framed inthe^ spirit and adhered to their intent and purpose. He proceeded to defend the clauses of the report and tbe oath appended to it. The great object which ongbt to govern tbe action of tbe Conven tion was to keep the State out of the control ol disloyal men, and thb object, be thought, would be accomplished by the amended majority re port. The oath protected the colored people of tlie State effectually against any infringement of the civil and political rights which had been re cently granted, and secured for Alabama perfect civil and political equality. He did not see bow & man could conscientiously take that oath if be entertained any intention of depriving the col ored people ot the equality of the civil and po litical rights which they now enjoyed. The es sence ot a Republican form of government—that ■ft men should stand anon tbe same broad plat form o! entire equal ri^ts—would be thus pre served, and the golden rale would be consistent ly practiced. Most ol the men who had entered into tbe scheme of seoMkrn, ha believed, had been bon- ot, honorable, Aiwm men, and if they con- ■anted to taka (few oath they would keep it. In his poor judgment, uniter this oath, tbe Repub lican party would gain t wo voles, where their enemies would get one. Tbere were many good men who participated in the rebellion, who were now in favor of Reconstruction and would gladly take thb oath. The oath does not require tbb class of men to renounce their belief in the right of secession, but to renounce the right. The question of secession lias already beeu decided by the test ot battle, and although some men might still believe in tlie original right of seces sion, they were, lie thought, if they were sen sible aud rational, content to abide by the deci sion arrived at before the dread tribunal ot war. The meaning of tlie Reconstruction act was nn doubtedly that tlie State should be reconstructed by loyal men, and no man who insisted, not only in the belief, but in tbe right of secession, ought to be regarded as a loyal man or entrusted with any political powers. 'la speaking of the third section of the report, which disfranchised any man who having been registered declines to vote upon the ratification ot the Constitution to be submitted to the people by the Convention, Mr. Peck said he had only one grand objection against it, and that was that it went beyond the provisions of the Reconstruction acts. He said that Congress was not bound by the Reconstruction acts, as it reserved the right to accept or reject, whether the Constitution came up to or went beyond tiie requirements of those acts. The main object of Congress was to re construct this State, aud there was no doubt but what Congress would ratify this Constitution. In regard to swearing that no change should ever hereafter be made in the Constitution, he contended that a change could be made in the Constitution in anything, save an acknowledge ment of the civil and political rights of all men. He said the object ot the oath was to secure for ever the full civil aud political equality of all races and men. He was in favor of it. He hoped all conetitutious hereafter would secure equality to all men. He believed that the whole white people of this State would never become so lost to principle and right as to take these privileges from the colored men. The remarks ot Judge Peck were sufficiently radical to meet the extreme views of the Bing hams, the Griffins, the Keffers, and their follow ers in the Convention, and the “moral idea” party ot the North. His entire speech was as radical as it could be, while, at the same time, it was couched in moderate language. He was lis tened to with marked attention, and he evidently represented the views of a majority ot the Con vention, particularly the ultra wing. On the motion to substitute the minority for the majority report ot the Franchise Committee, the yeas and nays were called. The Convention refused to accept the minor ity report—yeas, 19 ; nays, 76. Those who voted in tlie affirmative are— Messrs. Alexander, of Autauga, Austin, Cabott, Deal, Fulmer, Graves, Greathouse, Howard, Jolly, Latham, Russell, of Tallapoosa, Semple, Smith, Speed, Stewart, Stow, Strange, Towles, Whelan—10. The Convention then proceeded to the con sideration of tlie majority report ot the Fran chise Committee. On motion ot Mr. Grifflu, of Mobile, the ma jority report was taken up. Pending which the Convention adjourned until 7$ o’clock, p. nr. NI3HT SESSION. The Convention met at 7£ p. in. Mr. Bleckley, ot Montgomery, addressed the Convention in favor of some kind of disfran chisement, but in opposition to portions of the majority report. Mr. Griffin, ot Mobile, then followtd in a lengthy speech, in support ot the majority re port of the Committee ou F rape hum, ot which he is Chairman. Mr. Haughey moved the adoption of his amendment, disfranchising all down to the rank of captain who served in the Confederate army. The amendment was tabled. Mr. Bingham (torch and turpentine) moved to strike out the 3d paragraph ot tlie 1st section— (which disfranchises all who do not vote on the Constitution)—which was declared out of order, the Convention having decided to consider the report section by section. Mr. Bingham' then moved to reject the entire report, with the view of taking the amendments of Messrs. Reynolds, Coon, Applegate, and Haughey, as a basis tor tlie franchise clause ot the Constitution, and that the whole subject be recommitted to the committee. Mr. Morgan, of Wilcox, moved to lay the motion on tlie table. Lost—yea9, 51; nays, 89. [Many of the members did not understand the question—colored delegates all asleep.] After getting into interminable contusion, the Convention at. 10£ o’clock adjourned till to-mor row at 10 a. in. United States District Court—Judge Era* fclne, Judge Presiding.—November 19, 1867. The namesof the grand jurors, including those who were discharged ou Saturday last, were called, and were all found to be present, with the exception of one gentleman, wlro was said to be sick. The District Attorney moved the Court to re view and reverse its decision, made on Saturday last, so tar as it applies to the mode of testing the qumification of individual grand jurors, the Court having then ruled that the jurors chal lenged should retire from the jury box if they found themselves within one or more of the clauses ot disqualification set forth in first section of the act ot Congress of the 17tli of June, 1862. The District Attorney argued that Mr. Blod gett having challenged certain members of the grand jury for cause, he must prove to the satis faction ot the Court that the alleged cause for challenge exists, before said jurors can be ex cluded from the pannel,'and that their incompe tency was not to be inferred from the mere fact that said jurora were not disposed to take the oath prescribed in tlie act of Congress of the 17th June, 1862 General Jackson, ot counsel for Mr. Blodgett, contended that where a juror is challenged, as in the case under consideration, tor principal cause, the question involved is simply a question of law, and the competency of the juror has al ways been decided by tbe court without the as- sistence of triors, who are invoked only in tbe case of challenges to the favor. Iu the discharge ot his duty the judge will look singly to the end of securing a competent, fair and impartial jury* and will use any legitimate means to ascertain to his satisfaction the existence of the cause of challenge. That this may be ascertained from the juror himself; from his own statement, or from any act tantamount to a statement, and that the court, when it caused to be read to the jury the act ot 1862, and directed that those who re cognized themselves as tailing within the dis qualifications set forth in the first section should retire, it resorted to a mode ot ascertaining the disqualification altogether proper, and under the circumstances peculiarly judicious. He argued that the decision, therefore, was right; was sus tained by the broadest reason of the law, by tbe daily practice ot tbe courts, aud by the entire cur rent of authority. Upon the conclusion of the argument of the District Attorney, the Court declined to reverse the decision made on Saturday last, again ruling that when jurors are challenged on the ground of having participated in the late rebellion, the first section of the act of Congress of the 17th of June, 1862, should be read to them, and it, upon the reading, they should find themselves within any one of the disqualifying clauses therein Stated, they could retire from the box, and be discharged; and thereupon R. T. Gibson, John N. Lewis, Ephriam Scudder, Wm. H. Ol- cott, M. Y. Henderson, E. Henry, J. G. Watts, John Cooper, B. H. Hardee, and W. H. Tison, who were challenged, were discharged for the term. General Jackson, of counsel for Mr. Blodgett, then withdrew his challenge ot Martin Duggan and John S. Bturdevunl, who were challenged on a previous day. The oath, on motion of the District Attorney, having beeu read to the talesmen summoned to take the places of the Grand Jurors discharged, and none of them having availed themselves ot their privilege ot withdrawing, they were sworn, and charged by the Court. The Court then adjourned until ten o’clock to-morrow morning.— Savannah News i£ Heraid. Official reports show that the government has lost, by the non-collection of tbe whisky tax alone, the past year, upward of one hundred million of dollars. The loss on tobacco is set down at twenty-five million dollars. These losses are attributed to corruption and misman agement of collectors. The salaries of tax collectors connected with the interest on United States bonds anounts to more now than all the expenses of the govern ment under Gen. Jackson’s administration. News sai other Items. The Arming of Negroes in Virginia.—! am informed that General Schofield, in bis in terview with the President the day before yes terday, gave a good deal of information relative to the arming of blacks in bis district. The General stated that the negroes were pretty gen erally armed, and that the whites in this respect were at a great disadvantage. The propriety of taking some measures to prevent a dangerous use by the blacks of their superiority iu arms and organization was discussed, and it is proba ble that some plan will bo agreed upon when the General returns here from bis visit to New York. General Schofield is said to be of tlie opinion that the Convention business in Vir ginia will prove a complete failure.—Wash. Cor. N. Y. Herald, 15f7i hist. The citizens of Botetourt county, Virginia, have addressed a petition to General Schofield asking him to suppress the secret meetings of armed negroes in that county. They state that unless these leagues are broken up they see tin recourse but in counter organization aud a gen eral arming for the protection of their homes and tbe women and children. They simply de mand that tbe negroes be compelled to conduct themselves in as quiet and orderly a manner ns the whites. It is said that Louis Napoleon purposes to al liance the Prince Imperial of France to Giselle, the youngest daughter of the Emperor of Austria. It has already twice happened that an alliance of this kind between France and Austria has been followed by tbe downfall of the French reigning dynasty. At Mount Pleasant, Tennessee, November 12th, a shocking outrage was perpetrated on a married white lady by a negro. The lady had just arrived from West Tennessee on a visit to her friends, and while walking in the garden was approached by the negro, who laid violent hands on her, cut her throat with a knife, and fled to parts unknown, and no olue has since been found as to his whereabouts. The lady, whose maiden name was Hackleberry, was insensible last night, and is not expected to live over a few hours. The term of twenty-one United States Sena tors will expire on the 4th of March, 1869, of whom fourteen are Republicans and seven Demo cratic ; but it is scarcely possible for the Demo crats to break the two-thirds power of the Re publicans In that body during the existence ot the Forty-First Congress. They have, however, gained one in Ohio and one in California, hut have lost one in Tennessee, Governor Brownlow having been elected over Mr. Patterson. The Ohio and California Senators have not yet been chosen. Tortola, which a dispatch by tba Cuba cable announces has been submerged, with a loss of ten thousand persons, is one of the Virgin Islands, West Indies, belonging to Great Britain, situated between Virgin Gorda and St. John’s. Tiie length ot the Island is twelve miles, and its breadth, four mil—. It ooaiiWt* moetly ot a range ot hills rising to 1600 feet in elevation, and in its North part encircling a harbor, on the West side of which is the town of Tortola. The island is very unhealthy to Europeans. Tortola has its Governor, Council and Legislative Assembly.— It became a British possession in 1006. Murder in Utah.—Assassinations have been arrested suddenly in Utah by a telegram from General Sherman to Brigham Young. He noti fied that potentate he would hold him respon sible should any murders occur hereaiter similar to that of Dr. Robertson. These horrible mur ders are believed to have been instigated by Young. The New Hampshire Democratic State Con vention was held at Concord on Thursday last. Amid great enthusiasm John G. Sinclair was nominated for Governor. The platform declares the Congressional plan of reconstruction to be revolutionary, and the attempt to establish negro suffrage an atrocious crime against the principles of Republican government and the age of civili zation, congratulates the Middle and Western States on recent elections, and invites the con servative men in the State to unite with them in securing a similar result. A BILL before the Tennessee Legislature, to Encourage and Protect Loyalty,” provides that, it 9hall hereafter be en offense for any person or family to have a picture of Jeff. Davis or Gen. R. E. Lee in their possession. Surratt’s Counbel.—Judge Black will l>e the associate with Merrick as counsel for Sui ratt, but if is hardly probable that Snrratt will be tried again. General Corona married Mrs. Bowman, a San Francisco widow, by proxy. The Collector of Customs at Mazallan occupied the tantalizing position of representative bridegroom. The majority against female suffrage in Kan sas is 8,455, out ol a total vote of 18,541. The majority against negro suffrage is 7,503. The majority for the disfranchisement of disloyal persons is 054. The Legislature is largely Re publican. Commodobe Steth, of Mississippi, recently of the Confederate navy, but formerly a lieuten ant in the United States navy, bas just died of cholera, at the age of 88 years. General Beauregard says many of the best Louisiana families are selling out their ef fects aud removing to Maryland. There are now three regularly nominated candidates for the Mayor of New York city. The Tammany Democrats have nominated the Hon. John T. Hoffman, the present incumbent; the Mozart Democrats have placed in the field the Hon. Fernando Wood, and tbe Republicans have nominated the Hon. William A, Darling. The election takes place next month. Rev. Thos. Westen holme, who lately died at his house In Columbus, Mississippi, at the age of seventy-three, is said to be the oldest Odd Fellow in America, having been a member for fifty years. A journeyman mason in London killed him* self the other day, in despair at tbe discovery, the day after his wedding, that -bus wile had a glass eye. Mnm Jennie Olds, of Onalaska, Wisconsin, was kidnapped by Indians to make tbeir chief a squaw a few days ago. Her friends are after the fellows. An English philosopher declares that a tea- sp jonful ot pulverized charcoal worn in each stocking is a preventive of yellow fever. Wm. Richardson, of Paulding county, Ohio, is 104 years old, and living with his sixth wife. He bas 31 children. A tarty of emigrants from Indiana, are on the way through Missouri iu a bouse ou wheels —wife, children, cooking stove and furniture. Caft. Wm. Robinson, of tbe C. S. A., is a private secretary to the Mayor of Baltimora— The solicitor of that city waa a judge advocate in the rebel army. Two South Carolina negroes who were drawn to serve on a jury fled to the swamps m terror on receipt of the news. Reports were current in London, Saturday, that the United States Government is to pay eleven and a ball million dollars tor the Danish West India Islands, 8L Thomas, St. Johns, and Santa Cruz, subject to » claim of France on the laM named, and mvbb millions «*d a hall for St. Thomas and tit. Johns,

Georgia Historic Newspapers

Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, November 27, 1867, Image 1