Newspaper Page Text
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COLUMBUS, GEORGIA.
SATURDAY EVENING, SEPT. 8. 1855-
FOR GOVERNOR
UERSCIIEt V. JOHNSON.
for congress
-Ist District—James L. Seward, of Thomas,
ad, ** M. J- Crawford, of Muscogee.
u James M. Smith, of 1 pson.
4 th *. Hiram Warner, of Meriwether.
sth “ Jno. 11. Lumpkin, of Floyd.
sth Howell Cobb, of Clarke.
7th •* of Hancock.
B.h “ A. H. Stephens, of Taliaferro.
MUSCOGEE COUNTY NOMINATIONS.
FOR TUE SENATE.
ALEXANDER J. ROBISON.
FOR THE HOUSE OF REPRESENTATIVES.
JOHN B. DOZIER.
GEORGE J. PITTS.
Messrs. Reiser, Miller and Eiland.
The, so called, American party had a meeting at
Temperance Hall on the night of the sth inst. The j
opening address was made by James E. Belser, Esq., !
of Alabama.
He commenced with a labored eulogium upon the
Government and Union, which he wound up by de
claring that “the man who was a disunionist per se, was
a traitor to his God and country.’’ He next asserted
that the great question of the age was the disposition
we were to make of the immense immigration that was
flooding our shores, lie proposed to remedy it by de
nying to the immigrant the right of suffrage for 10 or
15, or 21 years; but did not explain how this would
check immigratiou. He next asserted that the object
of the, so called, American party was to make and keep
America preteetant; but here also he failed to indicate
how ho would adjust the machinery of party so as to
effect this end. Religion is a matter of faith; and we
have yet to learn that force or proscription has any
influence upon the consciences of men. He seemed tu
think there was danger of the Pope of Rome coming over
to the Uuited States. He said a good deal about the
open Bible, and Archbishop Hughes and other such clap
trap of bigoted sectarianism, and informed his audience
that he had lately been paying some attention to history
and quoted a passage from Neheiniah to prove the
extent and nccurroy of his investigations. He very
Boou, however, showed that he had made very limited
use of the open Bible by misquoting a very familiar
passage: “The stone which the builders rejected has
beoome,” said Mr. Belser, “the head of the Temple /’
He advocated that clause of the Philadelphia Platform
which declares that “the Union is the paramount
political good and urged that there was nothing but
destruction and ruiu in dissolution. He also con
tended that the Supreme Court is the final and only re
sort for the interpretation of the constitution. Suppose
Congress should abolish slavery in the District of Co*
lumbia and the question of constitutional power should
come up before the Supreme Court, and that body were
to sustain the action of Congress, wonld the Know Noth
ings of Georgia submit to the outrage, or stand upon the
Georgia Platform ?
We have now a full aud satisfactory reason for the
overwhelming defeat of the Know Nothings in Ala
bama. No party can live at the South which has such
advocates as Mr. Belser. The Know Nothings in our
part of the house were restive under his address; the
Democrats in great glee. He hit his friends as often
as he did his opponents. Ho loves the Uuiou too
much to suit the taste of Georgia Platform men. lie
made, of course, a good speech, and was frequently
cheered by his audience.
Dr. Miller mounted the platform amid much applause.
He stated, however, tbut he was out of voice and only
rose to object to one remark of Mr. Belser. He
would not admit that the American party could fail in
Georgia. His friend, from Alabama, was smarting un
der defeat and must be excused for indulging in such
fears; but he had come fresh from the people and was
confident of viotory. He siad Cobb would be defeated
by 1500 in the 6th district ; Smith by 1000 in the 3d
district; and that the gain in Cherokee would be 5000
over the last election. He reminds us very much of
Hooper, of the Montgomery Mail , who was certain
Walts would he elected by 2000 majority, and even in
dulged the hope that there was a chance to carry Jack
son county. Watts was defeated by over 500 aud
Jackson gave the Democratic ticket 2000 majority.—
So it will turn out with Dr. Miller’s predictions.
The show was closed by Allen Eiland, of Alabama,
lie said he thought a week ago that the American
party’would be defeated in October, but upon a more
careful examination of the Know Nothing dictionary ho
discovered that there was no such Word as fail in their
vocabulary. We fear our friend has examined a Nor-
them edition of the work. If he will look into the
editions published in Virginia, Tennessee, North Caro
lina, Texas, Alabama, or eveu in Russell couuty, he
will tind the word, aud that it means “thrashed,” “bea
ten,’’ broken down,” “demolished.” The Georgia
editiou will be outou the Ist Monday in October, and
the word fail will be found in large caps for the benefit of
our unfortuuate friend who so signally failed to carry
Russell county.
The meeting was a dull affair, and not half the usu
al number were present. Sam is evidently getting un
popular in Columbus.
Philip J. Punch and the Know Nothings.
A vindictive personal attack was made upon the
oharaoterof Philip J. Punch, editor of the Savannah
Georgian , by “some native Americans,” in the columns
of the Savannah Republican. The charge was that
he had obtained his naturalization papers by fraud and
false bwearing. In the last issue of the Savannah
Georgian , September 6th, 1855, is a detailed history
of the ooutroversy from beginning to end, and it is
hardly necessary to say that Mr. Punch utterly exter
minates his revilers: the proof furnished shows beyond
the possibility of doubt that the charge is an unmitigated
slander j and that he was duly and truly naturalized
according to the forms of law. Every step in the pro
cess is exhibited and proven by certificates from officers
ot Court, lhe vindication of Mr. Punch is complete.
The authors of the charge in their last article on the
eubjeet say: “The exhibits published by Mr. Punch,
4 nd copied above, are a complete vindication of bimteif
against the charge we preferred, and, as suob, we cheer
fully give them to the public.”
Democratic Nominations.
Mclntosh. —For the Senate, Charles Spalding j for
the House, Wm. I. King.
Appointment in the Pension Ojfice. —John C. Morri
*on > °* Alabama, to a. first-class clerkship. Salary $1,200
per annum.
Willis A. Hawkins and the Columbus Move
ment.
Is the Know Nothing candidate for Congress in the
second district opposed to the Columbus movement ?
It seems so. A writer for the South Western News,
over the signature of Lee, giving an aecount of the dis
cussion at Starksville, on the 30th ult., says :
“Judge Crawford referred to Col. Hawkins’ connec
tion with the Columbus movement, but he was again
interrupted by Col. Hawkins, who denied that he was
ever in favor of the Columbus movement. He seems
to be very sore on this point, and I was surprised to
hear him deny that he was in favor of the Columbus
movement. Mr. Editor, for our information, will you
please re-publish the preamble and resolutions offered
by Col. Hawkins in the Amerieus meeting to respond
to the movement at Columbus.’’
Willis A. Hawkins and the Nebraska-Kansas
Act.
Is Willis A. llawkins in favor of the Nebraska*
Kansas act? This is a hard question to answer. In a
letter to the South Western News, under date of the
3d inst., he says he “stated in a publio speech atDrayton,
Dooly county, in distinct and unequivocal terms, that
he would have voted for the Nelyaska-Kansas act, had
he been a’member of the last Congress, notwithstanding
the objectionable proviso allowing unnaturalized persons
to (vote in said Territory.” On the other hand the
News says that “Mr. Hawkins distinctly declared, a
day or two before ho was nominated, that if he had
been in Congress he would not have voted for the
Nebraska-Kaosas bill,” aud refers to J. N. Ramsay, of
Harris, A. J. Shine, T. T. Mounger, James G. Brown,
of Worth, as witnesses of the accuracy of its statement.
The Cotton Crop in this Section. —The weed is
! uncommonly tine. On sandy lands the yield will beau
i average one. On low lands the boll worm and rot have
; cut off a large quantity of tho late bolls. The rust too
is doing barm. It is probable that this year’s crop will
not much exceed that of last year in this section of
j country. If the weather continues wet, as is more than
; probable, it will fall below it.
Oolumuus\Guards.— -At a recent election, It. C.
i “
| Forsyth was chosen 4th Lieutenant, by the Columbus
i Guards, to fill the vacancy occasioned by the resignation
of 4t,h Lieutenant W. G. Andrews. Tho honor is
worthily bestowed. Lieutenant Forsyth gained distiu
’ guished honor ob an officer of voltigeurs in tho Mexican
war andwvas brevetted for his galantry at Churubuseo.
Reply to Justice—-Powers of Superintendents of
Elections.
j In compliance with our promise, we publish to*day a
i full and complete answer to all the objections made by
| “Justice” to our views of the powers and duties of Su*
j perintendents of elections. Our reply is contained in
1 the following correspondence. It is complete and
I conclusive:
The Powers nnd Duties of Superintendents of
Elections.
Columbus, Ga., Sept. sth, 1855.
To Messrs. Hines Holt, .James Johnson and It. J.
Moser, Esurb.
A difference of opinion unfortunately exists in this
community as to the powers and duties of Superinteti
; dents of elections. Knowing that you are law’ abiding
; citizens, and believing that the community have great
; confidence in your legal opinions, you will greatly
j oblige me, and contribute to the preservation of the
I public peace, by furnishing, for publication, your views
j upon this interesting subject, with special reference to
: our naturalization laws.
Very- Respectfully,
Your obedient Serv't,
T. LOMAX.
Letter from James Johnson Esq.
I
Columbus, Sept. 6, 1855.
Capt. Lomax — Sir —Upon an examination of the j
| law I think the following positions may be fairly dedu- j
ced therefrom as to tho power and duty of managers !
j of elections :
j 1. That if a doubt is suggested as to the legal quali
fications of an eleolor, by any one present, such elector
is then to be swrorn by the managers before tho vote
shall be received.
2. That if any person should offer to vote, who is
known to the managers not to have the legal qualifida*
tions, the vole should be rejected though lie should of
fer to take the oath prescribed by law.
3. That an investigation upon proofs of the qualifi
cations of an elector, other than as above stated, cannot
Ibe had by the managers. Nor can the managers re
: quire the production, in the case of a foreigner, of u
| transcript of the record of naturalization,
j Yours, &c.,
! J. JOHNSON.
Letter from Hines Holt, Esq.
Columbus, Ga., Sept. 6, 1855.
Capt. T. Lomax—Dear Sir: —In your note of the sth
in=t., you ask my opinion as to the “powers and duties ot
Superintendents of Election,” and “with special reference
to the naturalization.laws.”
If by giving my opinion, I can to any extent contribute
i to the preservation of the public peace, or the purity, of the
| ballot box, 1 shall feel gratified that you have asked it.
i Allow me to say that if Managers of Elections and
Candidates, will but feel themselves obliged by the strin*
i gent, though salutary, provisions of the Election Laws,and
! especially of the act of 1793, (See Cobh’s Dig. 233,1 each
of these important results would be at once secured.
The Superintendents of an election take and subscribe
an oath which is attached to and filed with the list of vo
j tens, iu the office of the Clerk of the Superior Court. This
oath is iu part, “That we will not knowingly permit any
oue to vote, unless icc believe he is entitled to do so, ac
cording to the law's of the State—uor knowingly prohibit
any one from voting who is entitled by law to vote.”—
(See Pamphlet Acts of 1851—’2; Page 82.
This Act ‘more effectually to prevent iraudsin elections,
Ac., does not, in ray opinion, add anything to the powers
of Managers, or the rights, privileges, and qualifications of
voters. It but inteuds to provide additional duties and
guards lor the more certain and effective enforcement ol
existing laws.
It does not, in my opinion, intend (as I understand has
been and is insisted) to constitute the Managers of an
Election a Court or tribunal to hear and determine upon
evidence the qualifications of voters. If it were ta- (
pable of such construction, I need not refer to the manifold
evils and indbnveoiencies which might, in heated contests
I fear would, result. I will say, that under such a con
struction, the ten hours of the siDgleday assigned for elec
tions, might be consumed in the examination of evidence
touching the qualifications of a single voter, and the polls,
by law be closed upon an empty^box—and Ido not point
tothie as the greatest of the evils which might arise.
If a voter presents himself and is challenged, it is the
duty of Managers to administer to him tbefbath* prescribed
by law; if he take these, to receive his vote and register his
name as a challenged voter —unless it is withi/l the
*knowledge of the Managers that he is not entitled.
It one should present himself known personally to the
Managers to be a citizen of another State—or not a citi
zen of the Uuited States—a free person of color, an In
dian, a lunatic or an idiot—while, in my opinion, they
would not have the right to require, or hear evidence of
residence, naturalization, freedom or sanity—yet, having
the knowledge, notwithstanding the offer of the applicant
to take the prescribed oaths, they would be bound to reject
the vote, or to violate the letter, terms Jand spirit of their
own oath. In receiving such a vote they would knowing
ly permit one to vote, whom they not only believed but
knew not to be entitled.
In the absence of such personal knowledge, the Mana*
geris duty is discharged when be administers the oaths, and
receives the vote, leaving the voter to the ’hazard of a pros
ecution for false swearing, and the candidates for whom
he votes to the hazard of the loss of the place to which
they may be elected. .
Submitting this opinion to such use as you may be pleas
ed to make of it,
I am, very respectfully,
Your Ob’tfServ’t.
HINES HOLT.
Letter from R. J. Moses, Esq.
Columbus, Ga., Sept. 7th, 1835.
T. Lomax, Esu. — Dear Sir —Yours of the sth
inst., has been received, asking my opinion as to the
“power and duties of superintendents of elections,
with special reference to the naturalization laws,’’
I am very clear in the opinion that the Superinten
dents are confined to the oath of the voter, except in
the case hereafter referred to.
The Superintendents have no powers except those
given them by the statutes under the authority of
which their office is created. They cannot act until
they qualify themselves by esch taking an oath iu these
words I
All and each of us do solemnly swear (or affirm) that
we will faithfully superintend this day’s election ; that we
are freeholders, Justices of the Peace of this County, or
Justices of the Inferior Court ; that u'e will make a full
aud true return thereof; that we will not knowingly per
mit any oue to vote unless we believe he is entitled to do
so by the law of this State, nor knowingly prohibit any
one from voting who is entitled by law to vote, and we
will notdivuige for whom any vote was east unless called
on to do so. Acts Geo. Legislature 1851-2. sec. 1.
Article Elections.
The qualifications of a voter are set forth in the stat
ute. The Superintendent* are supposed to know on
ly what the legal qualifications are ; not -who possesses
them. It is their business to receive the votes offered,
unless “any doubt shall be suggested as to the legality
of any vote offered at auy election held in any election
district iu any of the counties of this State.” In such
event the statute makes it the duty of the Superinten
dents of such election, before receiving such vote, to
administer to the person offering it,” certain oaths, set
forth in the statute, and which you have heretofore pub*
lislied : This done, their powers are exhausted, and the
vote must be received.
If one of the Superintendents knows, or thinks he
knows, that a party offering to vote is disqualified, he
could not faithfully discharge his duty unless he sug
gested that doubt to his colleagues. It would then be
come their duty to administer the oath set forth in the
statute. This, in the last case, as in the first, would be
ilio exercise of all the power given to them by statute;
beyond this they could not go. The statute fixes the
measure of their powers, originates and ends them.
Some doubt might be thrown upon this question in
a single case only -to*wit : When the fact of dis
qualification is known, beyond the shadow of a doubt,
of his own knowledge, by one of the Superintendents ;
iu that case, although the party might bo willing to
swear to his qualifications, the Superintendents could
not, in the language of tho statute, “believe he (the
voter | is entitled,” and therefore, as a consequence, un
der his oath, as Superintendent, he should “not permit
him to vote.” This would be a literal interpretation of
the statute, and perhaps when the Superintendent had
clear actual and absolute knowledge, it would be bis du
ty to reject the vote ; but when a statute goes to de
prive a citizen of a right, for which there would after
wards be no adequate remedy, the case ought to be very
strong that would justify the rejection of a vote. In
such ease, of course, no oath should be administered.
The law’ would not justify the Superintendents in admin
istering au oath and then rejecting it on the 1 score that it
was false ; for this would be to set a trap to make a
man commit perjury. In such a case the Superinten
dent should take the responsibility of rejecting the vote
on his knowledge of the disqualification. The oath
once administered should be received.
I have said this was the literal interpretation of the
act ; but I very much incline to the opinion that it
was merely intended to secure good faith on the part of
the Superintendents, and to enforce them to suggest a
doubt in such cases aud compel the party offering to
1 vote to purge himself ; this being done the vote should
| be received.
if, despite these precautions, an illegal vote is taken
tho law provides a remedy iu the 21st see., of the
Election Act, page 238, wherein is prescribed the man*
ner of contesting elections aud rejecting illegal votes.
The purity of the Ballot Box is further provided for
iu the 40th sec. Acton Elections, and sections 240 and
241 of the Penal Code : but the whole Act, iu spirit
I aud in letter, shows that the duly of the Superinteu
j dents, iu case of doubtful votes offered, is limited to ad-
I ministering, oaths in the language of the statute. There
I are two different oaths set forth, each referring to par
ticular disqualifications that would not be covered by
the General Oath.
1 have made no distinction between native and natu
ralized citizens, because the law makes none. The Su
perintendents of elections, in my opinion, have no more
light to require the production of naturalization papers,
in the case of a foreigner, than they would have to re
quire the register of his birth place in the case of a
native. Very Respectfully,
R. J. MOSES.
Havana Plan Lottery. —The Capital Prizes drawn at
Concert Hall, iu Macon Ga., on the 3d of September, in
the Jasper County Academy Lottery, were distributed as
follows:—No. 2473, $12,000, in Macon, Ga.; No. 1317,
$5,000, in Cleveland, fcOhio; No. 2921, 53, 000, in Lynch
burg, Va.; No. (303, $1,200, iu Brooklyn, N. Y.; No. 4772,
sl.loo,in Vicksburg, Miss.
Sale of the South Flank Eoad.
We learu from the Montgomery Journal, that the South
Plank Road was sold last Monday, under a mortgage held ,
by the city, and brought the sum of $5,000. This is oer- j
tainly a great sacrifice, the original cost being, we believe,
about SBO,OOO. The city’s interest in the affairs ot the !
road, w'3s $50,000 —$20,000 in stock and $30,000 in
loans of bonds secured by mortgage. The city, we learn, j
has further remedy against the receivers of the bonds, for j
non'application of the funds, in accordance with the con
tract. The result of this affair teaches the necessity of
“thorough examination of schemes of improvement, before
embarking in them.- Daily Sun.
[From the Federal Union, 4th inet.j
Letter from ex-Gov. Cobb—The office of Attorney for
the State Hoad.
The following letter from ex Governor Cobb has been
handed us for publication, by a gentleman in this city, to
whom it was addressed. It is a complete answer to the
charges made against Goy. Johnson, ot having created an
office to reward a political friend ;
Athens, Aug. 27th 1855.
Dear Sir: —On my return from Walton county, I receiv
ed your letter of the 20th instant, inquiring into the causes
of the original creation of the office on the State Road held
by R. J. Cowart, Esq., and I reply at the earliest moment.
When I went into office, I found numerous claims
against the Road, which had been accumulating for several
years. I was satisfied that it was impracticable for the Gen
eral Superintendent to give his personol attention to these
claims, as his time would be wholly occupied m the dis
charge ol his regular and ordinary duties. I therefore de
termined appoint a commissioner to examine and report
upon these claims, and accordingly appointed Col. Farris,
and associated with him Mr. Whittle, a lawyer The du
ties of that commission were faithfully performed, and both
gentlemen earned every dollar that was paid to them. —
When Gov. Johnson came into office, I informed him of
what I had done, and also stated to him that claims were
constantly arising against the Road —that the Legislature
had thrown open the Courts of every County through
which the Road passed to claimants, and that similar
claims were being prosecuted in the Courts of Tennessee—
and that my experience and observation satisfied me that
there should be someone appointed to attend t© this class
of business. Whether the person so appointed should be
called Attorney to the Road or Commissioner, or any thing
else, was immaterial. It was necessary and proper that
there should be someone who should examine into these
variouus claims, and prepare the defence against such as
ought to be resisted, and consult and advise with the Su
perintendent on this branch of business. I entertained no
doubt, either then or now, as to the power of the Executive
to do this thing. So far as that is concerned, there is no
difference between the power I exercised and the power ex
ercised by Gov. Johnson, and it was perfectly legitimate
in both cases. Any other construction ol the power and
duty of the Executive in the premises, would deny him the
power to employ a lawyer to defend a case in Court—ex-
amine a claim —or reuder any other similar duty in connec
tion with the Road. Asa question ot constitutional pow*
er, I am unable to discriminate betweon the constitutional
right of the Executive to employ a lawyer to defend one
case and to defend all cases —to examine one claim and to
examine all claims —and so on in reference to all the duties
of this particular appointment.
Entertaining no doubt either of the power or policy of
making such an appointment, 1 exercised it when in office,
and recommended my successor to do the same. It is not
the creation of an office, but as the matter now stands, the
employment of a lawyer to protect and defend the interest
I of the State.
I am, very respectfully, yours, &,e.
HOWELL COLE.
Vermont State Election.
Montpelier, Vt., Tuesday, Sept. 4,1855.
Our State election took place to-day. There was con
siderable excitement and a very full vote was cast.
Stephen Royce, the present Governor, has been re-ehos
en by a handsome majority, lie was supported by Whigs,
Republicans and Know Nothings. Merrill Clark was sup
ported by the Democrats, and Messrs. Shatter (Temper
ance,) Wheeler (Whig,) and Slade received some scatter
ing votes.
The result for Governor in the principal towns are as 1
follows; !
Rov Alston —Royce, 150, Clark, 61; Scattering, 27.
Burlington —Royce, (143; Clark, 185; Scattering, 23.
Vergennes —Royce, 128- Clark, 20; Scattering, 2.
i Chester —Royce, 157; Clark, 75; Scattering,2.
Middlebury —Royce, 333; Clark, 65; Scattering, 21.
Rutland —Royce, 427; Clark, 130: Scattering, 16.
Woodstock —Shaffer, 211; Royce, 137; Slade, 07; Clark,
16.
The Know Nothing Republican party have carried the
i Legislature without doubt. The returns from 48 towns re
ceived here show that result by three to one.
SECOND DISPATCH.
Rutland, Vt., Tuesday, Sept. 4—o F. M.
The election to-day has been a more exciting one than
. was anticipated. The returns received here so far, indicate
* that. Royce (Republican) is elected Governor, and that the
| whole lusion State ticket has been successful. It also
1 seems probable that the Know Nothings have carried the
1 Legislature. Nearly all the towns heard from in this coun
ty have elected Know Nothing representatives.
The Know Nothings have probably carried their Sena
torial ticket in most of the counties.
From Washington.
Washington, Sept. 3, 1853.
A meeting of the Cabinet was held to-day, at which all
; the members were present. A great deal of business which
; had accumulated during the absence ol the President was
I considered.
Almonte, the Mexican Minister, does not expect to be
; recalled by Carrera, the Provisional President of Mexico,
| as he is a personal friend of his.
| At a meeting of the Washington bar this morning to tes
i tify respect for the late Judge Cranch,it was resolved to
! erect a monument to his memory, and subscriptions liaye
been commenced for that purpose.
Mr. Hammond, late Collector oi the Port of San Fran
cisco, has been removed by the President, and the lion. M.
Latham of the last Congress appointed in his place.
L. S. Cottrell, has received the appointment of Com
mercial Agent at Nicaragua, vice Fubens.
Washington, Tuesday,*Sept. 4, 1855.
| The funeral of Judge Cranch took place to-day. The
i.members of the Bar, Judges, Municipal authorities, Presi
dent Pierce, and the Attorney General were present. The
services were performed by the Rev. W. 11. Furness of
Philadelphia.
‘l’he Norfolk Committee waited on the President to en
deavor to obtain Fort Monroe as a refuge for the citizens
now remaining in Norfolk. They were courteously re
ceived and the Cabinet is in session to-night to consider the
subject. The Committee anticipate a favorable answer to
! morrow.
All the ward committees appointed by the members cf
j the Merchants’Exchange to collect money for the sufferers
, from fever have not yet reported, although $1,323 were paid
in to-night. This added to previous contributions makes
i almost $5,000 for that purpose.
The entire number of applications'under the bounty
land law since March last, up the Ist inst., is 200,800, of
which 10,700 were filed iu August. During the same
: month 8,700 warrants were issued. The total number
; issued is 2-1,000,
The net amount in the Treasury of the United States,
i subject to draft, is $19,916,610.
Messrs. Win. M. Burweli and John W. Boyce have
bargained for the entire ownership of the American Or
gan, which is held at $15,000.
Kansas News.
Chicago. Sept. 1, 1835.
Judge Elmore has written a letter to the Hon. Caleb
Cushing, dated Shawnee Mission, August 23, in which he
; states that he lias not violated a single law of Congress,or
! order of the Department, and that he is satisfied his case is
prejudiced and that his removal is decidedly ou the grounds
| of policy. He also says, that by the twenty-seventh section
of the Kansas Nebraska act, he holds oilice for Jour years,
and gives notice that he will resist the aciion of the Presi
dent through the Courts.
The last number of The Squatter Sovereign doubts the
; reliability of Governor Shannon, iu regard to the slavery
1 question. i
The N. Y. Herald holds that the President has no right j
to remove Judge Elmore of Kansas Territory from office:
j ‘l iie ninth section of the act passed in May. 1854, to or
ganize the Territories of Nebraska and Kansas, provides
‘that the Supreme Court shall consist of a Chief Justice,
aud two Associate Justices, any two of whom shall con-
stitute a quorum, and who shall hold a term at the seat of j
Government of said Territory annually; and they shall
| hold their offices during the period of four years and until
i their successors are appointed and qualified.” This is the
1 law under which Judge Elmore was appointed; and we
hold that it is not in the power of the President to remove
him until the expiration of his term of office.
St. Louis, Tuesday, Sept. 4,1855.
The Squatter Sovereign of August 28, nominates Mr.
Atehinson for the next Presidency. It denies the rumor of
an intention to annex Platte County, Missouri, to Kansas;
says that Kansas o'. aid from its Southern Allies,
because it has become a prey to tho North. It expresses
a hope that the next National Congress will be the last.
Loss .of the Submarine Cable jor Connecting New- I
foundland and Nova Scotia. — Halifax, Aug. 31,1855. I
A despatch just received in this city from Sidney, stales
that, owing to some mismanagement in the laying of the
submarine cable between Newfoundand and Cape Breton,
when forty miles out lrom Newfoundland coast the cable
was lost.. The vessels had been engaged two davs in
layiDg the'Cable when the accident happened. The com
pany are underrood to haVs had aD insurance on the ca*
bi 6 to the extent of $70,000.
v I From the Daily Sun.l
SEVEN DAYS LATER FROM EUROPE.
ARRIVAL OF THE
STEAMSHIP ATLANTIC.
Columbia, Sept. 7,2i p. m.
The Steamship Atlantic [has arrived at Halifax, with
dates from Liverpool to the 25th ult.
Cotton market easier than at the sailing of the Canada,
with no quotable decline. Market closed steady. Sales
of the week, 45,000 bales.
Flour advanced two shillings; Corn six pence; Whea
two shillings three pence.
Consols 91L
News from the Crimea unimportant. Russian loss at
Sweabourg only two hundred killed and wounded.
Affairs at Sevastopol remain quiet. Russians hold their
former position.
Allies bombarded Riga to no effect.
Trouble with Peru.
A correspondent at Lima of a New Yoik paper gives
an accouut of a serious difficulty between Mr. Clay, U. S.
Minister there, and the Peruvian government. It seems
that Capt. Adams, of the ship John Cummings, shot ouo
of his seamen tor mutiny, at the Chinchas Islands. - The
Peruvian authorities, on his arrival at Lima, arrested him
for murder, and seized his ship. Mr. Clay, it is said, at
ouoe took the captain under his protection, iu his own
house, aud absolutely refused to recognize any and all ju
risdiction of the government in the case, lie also sent for
the U. S. ship Independence, Capt. Mervinc, and on the
arrival of that vessel, the Peruviau government was
frighed into some concessions, which it was unwilling to
allow after the vessel had taken her departure. Mr. Clay
talked of the laws of nations and insulting our flag to no
purpose, till the Independence again put into port, when
by Mr. Clay’s instructions, Capt. Mervine ran his frigato
iu close to shore, sent men on board the John Cummings,
raised her anchor, towed her out to her originul anchor
age, aud placed her under the protection ol the frigate’s
guns. The Peruviau government protested against this
act, but Mr. Clay insisted that the John Cummings should
: go to sea under the command ol Capt. Adams, who, in
the meantime, had been tried and convicted of murder in
the Criminal court.
Yellow Fever at Portsmouth and Norfolk.
Columbia, Sept. 6th.
The fever greatly increased at Norfolk and Portsmouth
on Sunday. In Norfolk there were 40 dead bodies unbu
ried. owing to the want of coffins.
The number of deaths at Norfolk on Sunday was 60—•
on Mondy 57. At Portsmouth 37 died on Sunday. 1 here
are 1400 cases under treatment in the two cities.
The Wheeler Slave Case-
Philadelphia, Sept. 3.
The jury in the Wheeler slave ease returned a verdict
! this morning of “not guilty” on the first count, charging
| riot, and “not guilty” against all the defendants on the
I second count, for assault and battery, except Ballard and
I Curtis, who were pronounced guilty of that charge.
Admission of T. F. Meagher to tho Now York Bar.
Albany, Tuesday .Sept. 4, 1855.
At the General Term of the Supreme Court of the State
of New York held at the Capitol this morning, in full
i bench, on motion of Nicholas Hill, Esq., Thomas Francis
Meaeher'was, by a special order,admitted an attorney and
; counsellor, to practice in all the Courts ot this State.
i ‘Phe Court, by the Hon. Chief Justice Parker, in granting
i the order mads some highly complimentary remarks on
i Mr. Meagher, aud stated the pleasure with which the Court
: recognized his talents and character by this special mark ot
Us consideration.
Know Nothing Nominations.
i We understand, that at a meeting of the Know Noth
ing Lodges of this city, held yesterday, for the purpose of
nominating candidates lor the Legislature, Col. John
MilUdge was nominated for the Seuate, and Gen George
YV. Evans, and Dr. James T. Barton, for the House.
At a Convention of delegates of the different Councils
of the Eighth District, also held in this city, yesterday,
wy understand W. Lafayette Lamar, of Lincoln county,
i was nominated for Congress, in opposition to the Hon. A.
I H, Stephens.— Con. Rep., Sept. 6.
From Utah.
St. Louis, Sept 3.
Wo are in receipt of Salt Lake dates to the Ist of Au
gust. Assciate Justice W. W. Drummond and Jady had
arrived, also Surveyor General David H. Burr. Dry, hot
weather prevailed, and the streams quite low. Tho pros
pects ot the crops were very gloomy.
Murder upon the High Seas.
Charleston, Sept. 3.
The ship Ariel, from New York for Shanghai, was
spoken oft the bar this morning. It was understood that
tiie captain had been murdered by two apprentices, and
that the body was still on board.
Wisconsin (Dem.j State Convention.
Madison, Aug. 30.
The Wisconsin Democratic State Convention to-day
i nominated Governor Larstow for re-election by 118 votes
! out oi 226.
| The Meeting at Cartcrsrille. —Gov. Johnson started for
Cartereville, but at Gordon received the intelligence ol the
death of Ins mother in Burke county. This will explain
to the public the reason oi his failure to be at Carter-ville
according to promise.— Fed. Union.
m
Andrew Female College. —We have received the first
| Annual Catalogue of this Institution, located at Cuthbert,
| Randolph county, under the charge of lhe Conference of
the Methodist Church, for the State of Georgia. The
Catalogue shows the number of pupils [in attendance the
first year to have been 163.
Randolph Superior Court.— The Superior Court of R an-
I dolpli county, we are requested to 6tale, will not be held
until Wednesday alter the first Monday in October next.
Association Loans —At a regular monthly meeting of
the Chatham Mutual Loan Association, held at their rooms
last evening, $5,000 were taken upon loan, as follows:
$2,000 at 26 per cent; SI,OOO at 27i ; SI,OOO at 28 and one
at 30.— Sav. Courier , s th.
The I ote oj Oregon. —General Joseph Lane’s majonty
for delegate to Congress from Oregon is 2,149. In 1853 it
•O’ ,e l ncrease i sl the democratic vote has been
1,006 —in the opposition vote 1,027. The total vote in 1855
is 10,151. In 1849 it was 983 ;in 1851 it was 2,916.
The Rope. —A despatch from Italy states that the Em
peror Napoleon has made an energetic demand that the
Pope shall reform and secularize his Government, with a
view of remedy ing the present state of disorganization m
the territories of the Church.
The Ferer in New Orleans.— The yellow fever deaths
on the Ist instant, at the Charity Hospital, were fourteen.
T here is uo doubt but the disease is abating.
Interior of Louisiana.- —T he yellow lever Iko broken out
at St. J rancisville, and other points in the interior. So tar
to be very malignant.
Detention. —The trains due here last night and early
this morning, did not arrive until half past 12 o’clock, this
mor ling.
We hear from a passenger that thedelav was occasioned
by tie train due last night, having run off the track at the
79 m ; le station. No one was injured, and no damage re
sulted from the accident.— Sac. Courier, hth.
‘Northern Circuit .-r- Guv. Johnson has issued bis pro
clamation ordering an election, on the Ist Monday in Oc *
tober, for a Judge of this Circuit to supply tbo vacancy
of Judge Andrews, resigned.
In Memory of Lopez. —Saturday ths Ist beivg the
anniversary of the martyrdom of Lopez in the cause of
Cuban independence, a grand high mass was performed
in the St. Louie Cathedral, and a islute fired from the
Square in honor to his memory.