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CONSTITUTIONALIST.
AUGUSTA, GA.
FRIDAY MORNING. JUNE 21,1867.^
Matter on Every Page.
OPINION OF ATTORNEY GENERAL
sXery as to the powers
OF THE-MILITARY COM
MANDERS.
the line which separates MILITA
RY AND CIVIL JURISDICTION*.
MILITARY COMMANDERS iiavk no
Authority to remove
CIVIL OFFICERS.
the regular state officials en
titled TO HOLD THEIR OFFICES.
MILITARY COMMANDERS CANNOr
take COGNIZANCE Os IASI
OFFENCES.
THE PRESIDENT HAS A PUTY TO PER
FORM WHICH CANNOT BE AVOIDED
OR DELAYED. •
The Persons who are Qualified to Vole
Under the Reconstruction Act.
Attorney Generai.’s Office, )
Washington, June 12. $
The President — Sir • Oa the 24th ultimo I
had the honor to transmit lor your considera
tion my opinion upon some oi the questions
arising under the Reconstruction acts therein
referred to. I now proceed to give iny opinion
on the remaining questions, upon which »e
military commanders require instructions.
The original act recites in its preamble that
"no legal State governments or adequate pi»-
tection for life or property exist’ m those ten
States, and that “it is necessary that peace and
irood order should be enforced’ in those States,
"until loyal and republican State governments
can be legally established.”
The first and second sections divide Uict e
States into five military districts, subject to the
military authority ol the United States as Hiere
inatter’prescribcd, and make it the duty of the
President to assign from the officers ol lie
army a general officer to the command ol each
district, and to furnish him with a military lord;
to perform his duties and enforce his authority
within his district.
The third section declares, “That it shall in.
the duly of each officer assigned as aforesaid lo
protect all persons in their rights of person ami
property, to suppress insurrection, disorder,
and violence, and to punish, or cause to be
punished, all disturbers of flic public peace,
and criminals ; and to this end, lie may .allow
local civil tribunals to lake jurisdiction of and
try offenders, or, when in his judgment il may
be necessary for the trial of offenders, he shall
have power to organize military commissions
or tribunals for that purpose; and all interfer
ence under color of State authority with the
exercise of military authority under this act
shall he null aud void.”
The fourth section provides, “That all per
sons put under military arrest by virtue of this
act shall he tried without unnecessary delay,
and no cruel or unusual punishment shall he
inflicted, and no sentence of any military com
mission or tribunal hereby authorized, affecting
the file or liberty of any person, shall tic exe
cuted until it is approved by the officer in com
mand ol the district; and the laws and regula
tions for the government of Lhe army shall not
be affected by this act, except in so far as they
conflict with its provisions: Provided , That n<>
sentence of death under lhe provisions of this
act shall be carried into effect without the ap
proval of the President.”
The fifth section declares tiic qualification oi
voters in all elections, as well to frame the new
constitution for eacli State, as in the elections to
be held under the provisional government un
til the new State constitution is ratified by Con
gress, and also fixes the qualifications of the
delegates to frame the new constitution.
The hiSPtli section provides, “That until
the people of said rebel States snail he, by law,
admitted to representation in the Congress of
.J&'t&rM 'snsirtte
visional only, and in all respects subject to
the paramount authority of the United States
at any time to abolish, modify, control or su
persede the same; and in all elections to any
office, under such provisional governments,
all persons shall be entitled to vote, aud none
other, who arc entitled to vote under the pro
visions of the fifth section of this act, and no
person shall be eligible to any office under any
such provisional governments who would he
disqualified from holding office under tho pro
visions of the third article of the said Constitu
tional Amendment.”
The duties devolving upon the commanding
general by the supplementary act relate alto
gether to the registration oi voters and the.
elections to he held under the provisions of
that act. And as to these duties they are plain
ly enough expressed in the act, anil it is not
understood that any question not heretofore
considered in the opinion referred to, has
arisen or is likely to arise as to them. My at
tention, therefore, is directed to the powers
and duties ot the military commanders under
the original act-
We see clearly enough that this act contem
plates two distinct governments in each of these
ten States, the one military, the other civil. —
The civil government is recognized as existing
at the date of the act. The military govern
ment is created by the act. Both are provision
al, and both are to continue until the new Slate
constitution is framed anil the State is admitted
to representation in Congress. When Hint,
event takes place, both these provisional gov
ernments are to cease. In contemplation of
this act, this military authority ami this civil
authority arc to be carried on together. The
people in these States are made subject to both,
and must obey both, in their respective juris
dictions.
There is, then, an imperative necessity to de
fine as clearly as possible the fine which sepa
rates the two jurisdictions, anil the exact scope
of the authority of each.
Now as to the civil authority, recognized by
the act as the provisional civil government, it
covered every department of civil jurisdiction
in each ol these States, it had all the charac
teristics and powers ot a State government,
legislative, judicial and executive, and was in
the full aud lawful exercise of all these powers,
except only that it was not, entitled to repre
sentation as a State of the Union. This existing
government is not set aside; it is recognized
more than once by the aet. it is not in any one
of its departments, or as to any one ot its func
tions, repealed or modified hy this act, save only
in the qualifications ol voters, the qualifications
of persons eligible to ollice, the manner ol
holding elections, and the mode of framing the
constitution ol the State. The aet does not in
any other respect change the provisional gov
ernment, nor does the net authorize the military
authority to change it. The power of further
changing it is reserved, not granted, and it is
reserved to Congress, not delegated to the mil
itary commander.
Congress was not satisfied wiLh the organic
law, or constitution, under which this civil gov
ernment was established. That constitution
was to be changed in only one particular to
make it acceptable lo Congress, and that was hi
the matter of the elective franchise. The pur
pose, the sole object of this act is to effect that
change, aud to effect it by the agency of the
people of the State, or such of them as are made
voters, by means of elections provided for in
the act, and in the meantime to preserve order
and to punish offenders, fi' found necessary, by
military commissions.
We arc, therefore, not at a loss to know what
powers were possessed by the existing civil au
thority. The only question is upon the powers
conferred on the military authority. Whatever
power is not given to the military remains
with the civil government.
We see, first of all, that each of these States
is “ made subject to the military authority of
the United States ’’—not to the military author
ity altogether, hut with this express limitation,
“as hereinafter prescribed.”
We must, then, examine what is thereinafter
provided, to find the extent and nature, of the
power granted.
This, then, is what is granted to the military
commander : the power or duty “ to protect ail
persons in their rights ol person and property,
to suppress insurrection, disorder, and vio
lence, and to punish, or cause to be punished,
all disturbers of the public peace and crimi
nals,” and lie may do this by the agency of the
criminal courts of the State or, if necessary, lie
may Lave resort to military tribunals.
This comprises all the powers given to the
military commander.
Here is a general clause making it the duty
of the military commander to give protection
to all persons in their rights of person and pro
perty. Considered by itself, and without refer
ence the context and to other provisions of the
act, it is liable, from its generality, to be mis
understood.
What sort of protection is here meant? What
violations of the rights of persons, or of pro
perty, are here intended ? In what manner is
this protection to be given ? These questions
arise at once.
It appears some of the military com
manders hive Understood this grant of. power
ps all comprehensive, conferring on them the
power to remove the cxecutivcand judicial offi
cers of the State, anil to appoint other officers
fi, their places, to suspend the legislative power
of the Suite, to take under their control, by
officers appointed by themselves, the collection
and disbursement of the revenues of the Suite,
to prohibit the execution of the laws of the
Stale l>y the age icy of its appointed officers
and agents, to change the existing laws m mat
ters affecting purely civil and private rights, to
suspend or enjoin the execution of the judg
ments and decrees of the established State
courts, to interfere in the ordinary administra
tion of justice in the State courts, by preset:-
bin 0 * new qualifications for jurors, and to change,
upon the ground of expediency, the existing
relations of the parties to contracts, giving pro
tection to one party by violating the rights of
the other party.
I feel confident that these military officers, in
all thev have done, have supposed that they
had lull warrant tor their action. 1 heir educa
tion and training have not been of the kind to
fit til era for the delicate and difficult task of
giving construction to such a statute as that
now under consideration. They require; in
struction, and nearly all of them have asked for
instruction to solve their own doubts, and to
furnish to them a safe ground for the perlonn
ance of their duties.
There can be no doulxt as to the rule of con
st ruction according to which we most interpret
tl.is grant of power. It is a grant ol power so
military authority, over civil rights and citizens,
in time of peace. It is a new jurisdiction, never
granted before, by which, ill certaini particulars
and lor certain purposes, the established prin
ciple that the military shall he subordinate to
the civil authority is reversed. The rule o
construction to be applied to such a grant of
power in thus slated in Vwarrh on Statutes, p.
(js‘_> : .*A statute creating a new jurisdiction
ought to be coustrued strictly.”
To consider, then, iu the first place, thetcimS
or the grant. It is of a power lo protect all
persons in their rights to person atjd property.
V, IS n ot a power to create new rights, but only
to protect those which exist and are established
bv the laws under which these people five. It
is a power to preserve, not to abrogate ; to sus
tain the existing frame ot social older and civil
rule and not a power to introduce military l ule
in its place. In effect, it is a police power, and
the protection, here intended, is protection ot
persons and property against violence, unlaw
ful force, and criminal infraction. It is given
to meet the contingency recited in the pre
amble, of a want of "adequate protection for
life and property and the necessity also icell
ed, “that peace and good older should he en
forced.” „ . . . ,
' Guided by this rule, and the fight of other
rules of construction familiar to every lawyer,
especially of those which teach us that, in giv
ing construction to siugle clauses, we miist
look to the context and to the whole law, that
general clauses are to be controlled by particu
lar clauses, and that such construction is to be
put on a special clause as to make it harmonize
with the other parts of the statute, so as to
avoid repugnancy. I proceed to the construc
tion ot this part of the act.
This construction is made more apparent
when we look at the immediate context, and
see in what mode, aud by what agency, this pro
tection is 1.0 be secured. This (filly, or power,
of protection is to he performed by Hie sup
pression of insurrection, disorder, and vio
lence, and by the punishment, either by the
agency of the ."Slate courts, or by military com
missioners, when necessary, of all disturbers
of the public peace and criminals; and it is
declared that all interference, under color of
State authority, with ffiemtprcisc of this mili
tary authority, shall be null and void.
The next succeeding clause provides for a
speedy trial of the offender, forbids the inflic
tion of cruel and unusual punishment, and re
quires that sentences of these courts, which in
volve the liberty or fife of the accused, shall
have the. approval of the commanding genera),
and as to a sentence of death, the approval oi
the President, before execution.
All these special provisions have reference lo
the preservation of order and protection against
violence and crime, They touch no other de
partment or function of the civil administra
tion, save only its civil jurisdiction, and even as
to that the clear meaning of this act is, that it is
not to be interfered with by the military au
thority, unless when a necessity for such inter
ference may happen to arise.
i see no authority, nor any shadow of au
thority, for interference with any other courts
or any other jurisdictions, than criminal courts
in tin; exercise of criminal jurisdiction. The
existing civil authority in all its other depart
ments, legislative, executive and judicial, is left
untouched. There is no provision, even under
the plea of necessity, to establish, by military
authority, courts or tribunals for the trial of
civil cases, or lor the protection of such civil
rights of person or property as come within the
cognizance of civil courts as contra-distinguish
ed from criminal courts In point of fact there
was no foundation for such a grant ol power,
for the Civil Rights act, and lhe Freedman’s
Bureau act, neither of which is superceded by
this net, made ample provision for the protcc
ttefrM fflfiffi 1 Htfcs . lh “. ,aw 2 v. r
impartial protection.
1 find no authority any where in this act for
the removal by the military commander of the
proper officers of a Stale, either executive or'
judicial, or the appointment of persons to their
places. Nothing short of an express grant of
power would justify the removal or the ap
pointment of such an officer. There is no such
grant expressed or even implied. On Hie con
trary, Hie act clearly forbids it. The regular
State officials, duly elected and qualified, are
entitled to hold their offices. They, too, have
rights which the military commander is bound
to protect, not authorized to destroy.
• Wo find in the concluding clause of (lie sixth
section of the act that these officials are recog
nized, and express provision is made to per
petuate them. It is enacted tiiat “in all elec
tions to any Office under such provisional gov
ernments, all persons shall he entitled to vote,
and none, others, who are entitled to vote under
the provisions of the fifth section of this aet;
and no persons shall be eligible to any office
under such provisional government who would
he disqualified from holding office under the
provisions of this act.”
This provision not only recognizes all the of
ficers of (he provisional governments, but, in
case of vacancies, very clearly points out how
they are to be filled ; and that happens to be
in the usual way, hy the people, and not hy
any other agency or any other power, either
State o.' Federal, civil or military.
1 find it impossible under the provisions
of this aet to comprehend such an official
as a Governor of one of these States appoint
ed to office by one of these military com
manders. Certainly he is not the Governor re
cognized !>}• the laws of the State, elected l>y
the people of the State and clothed as such
with the chief executive power. Nor is lie
appointed as a Military Governor, for a State
which has no lawful Governor under the press
ure of an existing necessity to exercisej pow-'
ers it. large, the intention, no doubt, was to ap
point him to fill a vacancy occasioned by a mil
itary order, and to put him in the place ol the
removed Governor 10 execute the functions ol
the office as provided by law. The law takes
no cognizance of such an official.and lie is
Clothed with no authority or color of au
thority. What is true as to the |Governor is
equally true as to the other Legislative,
Executive and Judicial officers of the State.
Ii the military commander can oust one from
his office he can oust them all; if he eau till
one vacancy, he can till all vacancies, and thus
usurp all civil jurisdiction into hisgiwn hands,
or the hands of those who hold their appoint
ments from him, and subject to his power of
removal, and thus frustrate the very right se
cured to the people by this aet. Certainly this
aet is rigorous enough in the power which it
gives. Witli all its severity, the right of elect
ing their own officers is still left with the peo
ple, and it mast he preserved.
I must not. be understood as fixing limits to
the power of the military commander in case
of an actual insurrection or riot. It may hap
pen that an insurrection in one of these States
may be so general and formidable as to require
the temporary suspension of all civil govern
ment, and the establishment of martial law in
its place. And the same thing may be true as
to local disorder or not, iu reference to
the civil government of the city or place
Where it breaks out. Whatever power is
necessary to meet such emergencies the military
commander may properly exercise. I confine
myself to the proper authority of the military
commander, where peace and order prevail.
When peace aud order do prevail, it. is not
allowable to displace the civil officers and ap
point others in their places under any idea that
tlie military commander can better perform his
duties and carry out the great purposes of the
net hy the agency of civil officers of his own
choice rather than by the lawful incumbent.
The act gives him no right, to resort to such
hgeney, lint does give hint the right to have “a
Sufficient military force” to enable him “to per
forin bis duties and enforce his authority within
the district to which he is assigned.” 1 n the
Suppression of insurrection and riot the mili
tary commander is wholly independent of the
civil authority; so, too, in the trial and punish-
Inent. of criminals and offenders lie may super
cede the civil jurisdiction. Uis power is to he ex
ercised in these special emergencies, and the
jmeans are put into bis hands by which it is to be
exercised, that is to say, “a sufficient military
lnree to enable such officer to perform his du
ties and enforce his authority," and military tri
bunals, of his own appointment, to try and
punish offenders. These, are strictly military
powers, to be executed by military authority,
not by the civil authority, or by civil officers
appointed by him to perlorm ordinary civil du
ties.
If these emergencies do not happen, if
[civil order is preserved and criminals are duly
prosecuted by the regular criminal courts, the
military power, though present, must, remain
passive. Its proper function is to preserve the
peace, to act promptly when the peace is broken,
and restore order. When that is done, and the
civil authority may again safely resume its
functions, the military power becomes again
passive, but on guard and watchful.
This, in my judgment, is the whole scope of
the military power conferred by this act, I have
not found it necessary to resort to tb.c strict
construction which is allowable.
What has been said Indicates ray opinion as
to any supposed power of the military com
mander to change or modify the laws iu force.
The military commander is made a conservator
of the peace, not a legislator. His duties are
military duties, executive duties, not legisla
tive duties. lie has no authority to enact or
declare a new code of laws for the peoplegwith
in his district under any idea that lie can make
a better code than the people have made for
themselves. The public policy is not commit
ted to his discretion. The Congress which
passed tills act undertook in certain particulars
to change these laws, and these changes being
made, the Congress saw no further necessity of
Change, but were content to leave all the other
laws iu full force, hut subject to this emphatic
declaration, that as to these laws and such fu
ture changes as might be expedient, the ques
tion of expediency and the power to alter,
amend, or abolish, was reserved for “ the para
mount authority of the United States at any
time to abolish, modify, control, or supersede
the same.” Where, then, does a military com
mander find his authority “to abolish, modify,
control, or supercede” any one of these laws?
The enumeration of the extraordinary powers
exercised by the military commanders in some
of the districts would extend this opinion loan
unreasonable length. A few instances must
suffice.
In one of these districts the Governor of a
Siate has been deposed tinder a threat of mili
tary force, and another person, called a Gov
ernor, has been appointed by the military com
mander to fill his place. Thus presenting the
.strange spectacle of an official entrusted with
the chief power to execute the laws or the State
whose authority is not recognized by the laws
he is called upon to execute.
In the same district the judge of one of the
criminal courts of the State has been summarily
dealt with. The act of Congress does give au
thority to the military commander, in cases of
necessity, to transfer the jurisdiction of a crim
inal court to a military tribunal. That being
the specific authority over the criminal courts
given by the act, uo other authority over them
can be lawfully exercised by the military com
mander. But in this instance the judge has, by
military order, been ejected from his office, and
a private citizen has been appointed judge in
his place, by military power, aud is now in
the exerpise of criminal jurisdiction " over all
crimes, misdemeanors and offenses ’’Jjcommit
led within the territorial jurisdiction of the
court. The military appointee is certainly not
authorized to try any one tor any offense as a
member of a military t|jb|}ual, aud he has just
as little authority to try and punish tiny offend
er as a judge of a criminal court of the State.
It appears that this private citizen, thus
placed on the bench, is toVit as lhe sole judge
in a criminal court whose jurisdiction extends
to cases involving the iite of the accused. If
he lias any judicial power in any ease, be has
the same power to take cognizance of capital
cases, and lo sentence the accused to death,and
order his execution. A gl range spectacle!
where the judge and the criminal ipay very well
“change places;” for if the criminal has un
lawfully taken file, so too does the judge. This
is the inevitably result, lor the only tribunal,
the only judges, if they can be called judges,
which a military commander can constitute and
appoint under tins act, to inflict Lhe death pen
alty, is a military court composed of aboard,
and called in the act a “ military commission.”
I see no relief lor the condemned against the
seutence of this ageul oi the military command
er. It is not the sort of court whose sentence
of death must be first approved by tho com
mander and finally by the President; for that
is allowed only where the sentence is pro
nounced by a “ military commission.” Nor is
it a sentence pronounced by the rightful court
of the Stale, but by a court, aud by a judge, not
clothed with authority under the laws of the
State, but constituted by the military authority.
As the representative oi this military authority,
this act forbids interference “under color oi
State authority,” with the exercise of his func
tions.
In another one of these districts a military
order commands Lite Governor of Hie State to
forbid the reassembling of the Legislature, and
tints suspends the proper legislative power <>f
the State. In the same district an order has
been issued “to relieve the treasurer of the
State from the duties, bonds, books, papers,
&e., appertaining to his office,” and to put an
“assistant quartermaster of United States vol
unteers ” in place of the removed treasurer;
the duties of which quartermaster-treasurer are
thus summed up: lie is to make to the head
quarters of the district “ the same reports and
returns required from the treasurer, and a
monthly statement ol receipts and expendi
tures; he will pay all warrants for salaries
which maybe or become due, aud legitimate
expenditures for the support of the penitenti
ary, State asylum, and the support of the pro
visional State government; but no scrip or
warrants for outstanding debts of other kind
than those specified wifi be paid without special
authority from these headquarters. He will
deposit funds In the same manner ns though
they werq those of the United States.”
Ary 1 cfTi'elA', 15 !generaV ams special order's
I regularly numbered, and in oceisional circu
lars, have been promulgated, which already be
gin to assume Hie dimensions of a code. These
military orders modify 7 the existing law in the
remedies for the collection of debts, the en
forcement of judgments aud decrees for the
payment of money, staying proceedings insti
tuted, prohibiting, in certain eases, the right to
bring suit, enjoining proceedings on execution
for the term ol twelve months, giving new
liens in certain cases, establishing homestead
exemptions, declaring what shall be a legal
tender, abolishing in certain cases the remedy
by foreign attachment, abolishing bail “as
heretofore authorized ” in cases cx contractu ,
hut not in “other eases known as actions cx
delicto ,” and changing, in several paiticulars,
the existing laws as to the punishment of
crimes, and directing that the crimes referred
to “shall be punished by imprisonment at hard
labor for a term not exceeding ten years nor
less than two years, in the discretion of the
court having jurisdiction thereof.” One ot
these general orders, being number ten of flic
series, contains no less than seventeen sections
embodying the Various changes and modifica
tions which have been recited.
The question at once arises in the mind of
every lawyer, what power or direction belongs
to the court having jurisdiction of any of these
Offenses to sentence a criminal to any other or
different punishment than that provided by the
law which vests him with jurisdiction. The
concluding paragraph of this order, No. 10, is
in these words: “ Any law or ordinance hereto
fore in force in North Carolina or South Caro
lina, inconsistent with the provisions ot this
general order, are hereby suspended and de
clared inoperative.” Thus announcing not only
it power to suspend the laws, but to declare
them generally inoperative, and assuming full
powers of legislation by the military authority.
The ground upon which these extraordinary
powers are based is thus set torth in inifilviy
order No. 1, issued iu tins district: “The civil
government now existing in North Carolina
and Bont.li Carolina is provisional only, and in
all respects subject to the paramount authority
of the United States at any 7 time to abolish,
modify, control, or supersede the same.” Thus
far the provisions of the act of Congress are
well recited. What follows is in these words:
“ Local laws and municipal regulations not in
consistent. with the Constitution and laws of
the United States, or the proclamations of the
President, or with such regulations as arc or
may be prescribed in the orders of the com
manding general, are hereby declared to be in
force, and iu conformity therewith civil officers
are hereby authorized to continue the exercise
of their proper fuuetions, and will be respected
and obeyed by the inhabitants.”
This construction of his powers under the
act of Congress places the military commander
on the same footing as the Congress of the
United States. It assumes that “the paramount
authority of the United States at any time to
abolish, luodily, control, or supercede,” is vest
ed in him as fully as it is reserved to Congress.
He deems himself a representative of that para
mount authority. He puts himself upon an
equality with the law-making power of the
Union, the only paramount authority in our
government, so far, at least, as the enactment of
laws is concerned, lie places himself on higher
ground than the President, who is simjffy an
executive officer. He assumes, directly or indi
rectly, all the authority of the State, legislative,
exective and judicial, and iu effect declares “ 1
am the State.”
I regret that I find it necessary to speak so
plainly of this assumption of authority. I repeat
what 1 have heretofore said, that 1 do not doubt
that all these orders have been'issued under an
honest belief that they were necessery or expe
dient, and fully warranted by the act of Con
gress. There may be evils and mischiefs in the
laws which these people have made for them
selves through their own legislative bodies
which require change; but none of these can
be so intolerable as the evils and mischiefs
which must ensue front the sort of remedy ap
plied. One can plainly see what will be the in
evitable confusion and disorder which such dis
turbances ot the whole civil policy of the State
must produce. If these military edicts are al
lowed to remain even during the brief time in
which this provisional military government
may be in power, the seeds will be sown for
such’ a future harvest of litigation as has never
been inflicted upon any other people.
There is,in my opinion, an executive duty to be
performed here, which cannot safely be avoid
ed or delayed. For, notwithstanding the para
mount authority assumed by these command
ers, they arc not even as to their proper execu
tive duties, in any sense, clothed with a par
amount authority. They are, at last, subordi
nate executive officers. They are responsible
to the. President for the proper execution of
their duties, and upon him rests tbe final re
sponsibility. They arc his selected agents.
His duty is not all performed by selecting such
agents as he deems competent; hut the duty
remains with him to see to it that they
execute their duties faithfully and according to
law.
It is true that this act of Congress only re
fers to the President in the matter of selecting
and appointing these commanders, and in the
matter ot their powers and duties under the
law the act speaks in terms directly to tli®
but this does not relievo them from their']!
sponsibility tr i the Tresideut, nor does it I
lieve him from the constitutional obligajl
imposed npo n him to see that all “the lawi I
faithfully ext jeuted.” I
It can seaveely be necessary to cite authi r i
for so plab.i a proposition as this. Novel -
less, as we have a recent decision complete i
point, I m ay as well refer to it.
Upon Uie motion made by the Btatc of j
sissippi before the Supreme Court of the f -
ted States, at its late term, lor leave to b i
bill against the Preeidcut of the United Sr 5
to enjoin him against exeenting tlie very ! s
ol Congress now under consideration, the c,] .
ion of the court upon dismissing that mo u
and it seems to have been unanimous, was
livcrcd by the Chief Justice. I make tliuvjl
lowing quotation from the opinion : “U v
different is the duty of the President in
crcisc of the power to see that the l:iwm re
faithfully executed, and among those law^j le
acts named in the bill. By the first or Uve
acts he is required to assign generals to cy,..
mund in (lie several military districts, aultn
detail sufficient military force to enable ach
ollieers to discharge their duties under tlie iw.
By tlie supplementary act other duties are BP
posed on the several commanding generals, ifi
their duties must necessarily be performed L.
dor the supervision of tlie President, as eta
mander-in-ehief. The duty thus imposed,„
the President is in no just sense ministerial.! It
is purely executive and political.”
Certain questions have been propounlsd
from one of these military districts touclng
the construction of tlie power of the inilikry
commander to honsliUite military lrihiinals|<>Y
the trial Os offenders, which 1 will next ®u
sider. .
Whilst the act doe* n'ot in terms displace '.lie
regular criminal courts ol the State, it dns
give the power to the military commander!*
when in his judgment a necessity arises, to like
the administration of the criminal law into n«
own bands, and try aqd punish offenders by
meaus of military commissions.
In giving construction to this power, we mast
not forget the recent and authoritative expoM
tion given by the Supreme Court ol the United
Stales as to the power of Congress to*jjfcivu!o
tor military tribunals for the trial of
time of peace, and to the emphatic declaration
as to which there was no diiftent or difference
of opinion among the judges, that such a power
is not warranted by the Constitution. A singt?
extract from the opinion ol' the minority, as
delivered by the Chief Justice, will suffice:
“We by no meaus assert that. Congress can es
tablish and apply the laws of war where no was
lias been declared or exists. Where peace ex
ists the Jaws of peqee must prevail. What
do maintain is, that when the nation is involved
in war, and some portions of the c.ouutry-in e
invaded, and all are exposed to invasion,
within the power of Congress to determine®.'
what States or districts such great mid im™-
nent public danger exists as justifies the X
thorization of Uiilil-UY trihipials fqr the triafw
crimes and o lie uses against (lie
seeuritv of the anuv or against tire put™'
safety.” '
Limiting myself here simply to the construe- -
(i'>n ol tliis act of Congress and to tlie question
in what way if should he executed, I haven,,
hesitation in saying lh.it nothing short of an
absolute or controlling necessity would gir.
anycolor of uir’torily lor arraigning a citizen
before a military commission. A person charg
ed with crime in any of.these military districts
has rights to lie protected—rights the mist
sacred and inviolable, and among these the
right of trial liy jury according to laws ol the
land. When a citizen is arraigned before a
military commission on a criminal charge he
is no longer under the. protection of law, lior
surrounded with those safe-guards which are
provided in the Constitution.
This act, passed in a time of peace, when all
the courts, State and Federal, arc in tlie unit by.
turbed exercise of their jurisdiction, authorizes,
at the direction ot a military officer, the seizure,
trial and condemnation ol the citizen. The ac
cused may be sentenced to death, and the sen
tence may he executed, without an indictment,
without counsel, without a jury, and without a
judge. A sentence which forfeits ail the pro
perty Os the accused requires no approval. If
It. affects the liberty ol the accused it requires
the approval of the commanding general, and
if it affects bis life it requires the approval of
the general and of the President. Military and
executive authority rule throughout, in tlie
trial, the sentence, and the execution. No
habeas corpus from auy State court can tie in
voked, for this law declares that “all inter
ference, under color of State authority, with
the exercise of military authority under this act,-
shall he, null and voi .”
I repeat it, that nothing short of an absolute
necessity can give any color of authority to a
military commander to call into exercise s*nch
a power. It is a power the exercise of which
may involve him and every one concerned in.
ilie gravest responsibilities. The occasion for
its exercise should lie reported at once to Mm.
Executive for such instructions as may lag
deemed necessary and *-
Aju-stlomf nave allsen whether, under tbW
power, these imijVtry .commissioners oaqtilHjS
cognizance ot offenses committed, licfosc the
passage of the act, and whether they can try
and punish lor ae s not made crimes or offenses
by Federal or State law.
lam clearly of opinion that they have no
jurisdiction as to either. They can take cog
nizance of no offense that lets not happened
after the law took effect. Inasmuch as tlie tri
bunal to punish and the measure or degree ol
punishment are established by this act, wwmust
construe it to be prospective, and not retroac
tive. Otherwise it would take the character ot
nil ex post facto law. Therefore, in the absence
of any language which gives tlie act a retro
spect, I do not hesitate to say it cannot apply to
past offenses.
There is no legislative power given under this
military bill to establish a new criminal code.
The authority given is to try and punish crimi
nals and offenders, and this proceeds upon the
idea that dimes and offenses have been com
mitted ; but no person can be called a criminal
or an offender for doing an act which, when
done, was not prohibited by law.
Hut as to the measure of punishment, I regret
to be obliged to say that it is left altogether to
the military authorities, with only this limita
tion, that the punishment to be indicted shall
not be cruel or unusual. The military commis
sion may try the accused, fix the measure of
punishment, even to the penalty of death, and
direct the execution of the sentence. It is only
when the sentence affects the “ life or liberty ”
ol the person that it need be approved by flic
commanding general, and only in eases where
it. affects the life of the accused that it needs also
the approval of the l’resident.
As to crimes or offenses against the laws of
the United States, the military authority can
take no cognizance of them, nor in any way in
terfere wii.li the regular administration oi jus
tice by the appropriate Federal courts.
In the opinion heretofore given upon other
questions arising under these laws, 1 gave at
large for your consideration the grounds upon
which niv conclusions were arrived at, intend
ing thereafter to state, these conclusions in a
concise and clear summary, f now proceed to
execute that purpose, which is made especially
necessary from the confusion and doubts which
have arisen upon that opinion iu the public
mind, caused iu part by the errors of the tele
graph and the press in its publication, and iu
part by the iunptitudc of the geucral reader to
follow carefully the successive and dependent
steps of a protracted legal opiniou.
SUMMARY.
WHO AIIB ENTITLED TO REGISTRATION.
1. The oath prescribed in the supplemental
act defines all the qualifications required, and
every person who can take the oath is entitled
to have his name entered upon the list ol
voters.
2. The board of registration have uo authori
ty to administer any other oath to the person
applying for registration than the prescribed
oath ; nor to administer any oath to any other
person, touching the qualifications of the ap
plicant, or the falsity of the oath so taken by
him. The act to guard against falsity in the
oath provides that, if false, the persou taking
jt shall be tried and punished for perjury.
No provision is made for challenging the
Qualifications of the applicant, or enterin’'
upon any trial or investigstion of his qualifica
tions, either by witnesses or any other form ot
proof.
3. As to citizenship and residence.
The applicant for registration must be a cili
Ecu of the State and of the United States, and
must be a resident of a county included in the
election district. He may lie registered if be
has been such citizen tor a period less than
twelve months at the time he applies for regis
tration, but lie cannot vote at any election un
less bis citizenship lias then extended to the full
term of one year. As to such a person the ex
act length of his citizenship Mhonld he noted
opposite his name on the list, so that it may
appear on the day of election, upon reference
to the list, whether the full term has then been
accomplished.
t. An unnaturalized person cannot take tld s
oath, but. an alien who has been naturalized can
take it, and no other proof of naturalization cm
be required trom him.
5. No one who is not twenty-one years of ni'c
at the time of registration can take the oath for
he must swear that lie has then attained that
age.
(i. No one who has been disfranchised for t>ar
ticlpalion in any rebellion against the United
States, or tor felony committed against the
laws of au.v State or of the United States can
safely take this oath.
The actual participation in a rebellion, or the
actual commission of a felony, docs notnn-nuni
to disfranchisement. The sort of disfranchise
ment here meant is that which is declared bv
Jaw passed by competent authority, or which
has been fixed upon the criminal 'by the sen
tenceof the court which tried him for the
crime.
No law of the United States has declared the
penalty of disfranchisement for participation in
rebellion alone. Nor is it kuown that any such
law exists in either of these ten States, except
perhaps Virginia, as to which State special in
structions will be given.
7. As to disfranchisement arising from having
held office followed by participation in rebellion.
This is the most important part of the oath,
and requires strict attention to arrive at. its
meaning. I deem it proper to give the exact
words. The applicant must swear or affirm as
f °“That 1 have never been a member of any
State Legislature, nor held any executive or ju
dicial office in any State, and afterward engaged
iu any insurrection or rebellion against the
United States,or given aid or comfort to the ene
mies thereof; that I have never taken an oath
as a member of Congress of the United Spates,
or as officer of the United States, or as a mem
ber of any State Legislature, or as an executive
or judicial officer of any State, to support the
Constitution ot the United States, or given aid
or eoinlort to the enemies thereof.”
Two elements must concur in order to dis
qualify a person under these clauses : First,
the office and official oath to support the Con
stitution of the United States; Second, enga
ging afterwrrd in the rebellion. Botli must ex
ist to work disqualification, and must happen
in the order of time mentioned.
A person who has held an office and taken (lie
oath to support the Federal Constitution and
[ltas not afterward engaged in rebellion is not dis
qualified. So, too, a person who has engaged
in rebellion, hut has not, therefore, held an
office, and token that oath, is not disqualified.
S. Officers of the United Stales.
As to these the language is without limita
tion. The person who has at any time prior to
the rebellion held auy office, civil or military,
under the U nited States, and has taken an offi-
cial oath to support the Constitution of the
United States, is subject to disqualification.
!». Military officers of any Slate, prior to the
rebellion, are uot subject to disqualification.
10. Municipal officers, that is to say, officers
of incorporated cities, towns, and villages, such
as mayors, aldermen, town council, police, and
Other city or town officers, are not subject to
disqualification.
11. Persons who have prior to the rebellion
been members ot the Congress of the United
States, or members of tlie State Legislature, are
subject to disqualification. But, tbor’ 1 who have
•been members of conventions framing or
atneuding the constitution of a State, prior to
the rebellion, are not subject to disqualification.
12. All the executive or judicial officers of any
Stale who took an oath to support the Consti
tution of the United States are subject to dis
qualification, anil in these I include county offi
cers, as to whom I made a reservation in tlie
opinion heretofore given. After full considera
tion I have arrived at the eonclusian that they
are subject to disqualification if they were re
quired to lake, as a part ol their offleicl oath,
the oath to support the Constitution of the United
States.
13. Persons who exercised mere agencies or
employments under State authority are n«>t dis
qualified ; such as commissioners to lay out
roads, commissioners ot public works, visitors
ot State institutions, directors ot State banks or
oilier State institutions, examiners of banks,
tuotarios public, commissioners to take acknowl-
of deeds and lawyers.
HNGAGINO IN RXBEUIOIt.
llavmK specified what offices held by anyone
prior to rebellion come within the meaning
ol the iawV 1 is necessary iiext to set forth wliat
snt.Bl oneii’t «P°n *»•-** person the
offense of enSfcj‘ u K in rebellion. I repeat, that
two things mlfc. <‘-vist as to any person tod is
qualify him fr\ vot,n K : l,rst ’ Uie . offlc * l !‘ UI
prior to the rcb»". #»<* afterward, participa
tion in the ,, -
H. An act to lix W” m ' :l pera®? I }‘ C °‘ Trns ,° ~ ,f
engaging in rcliellhTW under tins law must be
an overt and voluntai^L 1 } 01 ’ one 'V ll * l t ' ie n '
tent ot aiding or furling"? the common un
lawful purpose. A persot^ l,,rt ' l ; < ' 11,10 L rt ,1 ‘
service by conscription, oi\ ll,,^el ’ !1 l' , 'ramninit
authority which lie could safely disobey,
and who would not have cnt<M od bucli service
if left to the free exercise ol liW*. own ' vl "> tau '
not he held to he disqualified froV 11 voting. .
15. Mere acts of charity, where J ,le int « ,d ,rt
lo relieve (lie wants of the object ofV u ? 11 ,!
ty.aiul not done in aid ol the cause' ln . w , -,
he may have bcun engaged, do not diwA u ,
But organized contributions of food aiulV .'
ing for the general relief of persons cnga® on 1,1
the rebellion, and not of a merely sanitary 11-'I 1 -'. 1 '
actor, but contributed to enable tliem uA
form their unlawful object, may be classed . j
acts which do disqualify.
Forced contributions to tlie rebel cause, it
the form of taxes or military assessments,
which a person may lie compelled to pay or
contribute, do not disqualify. But voluntary
contributions to the rebel cause, even such in
direct contributions as arise from the volunta
ry loan of money to rebel authorities, or pur-
ol bonds or securities created to afford
the means of carrying on the rebellion, will
work disqualification.
10. All those who, in legislative or other
official capacity, were engaged in the further
ance ot tlie common unlawful purpose, where
the ditties of the office necessarily had relation
Ihdo the support of the rebellion, such as mcni
iit- »cs-nr tlie conventions, congresses, and
!Tlegi!-T:iUin's7 ni'lTif')in.i.Liiy agents ol the rebel
confederacy, and Other officials whose offices
Were created for the purpose of more effectually
carrying on hostilities, or whose duties apper
tained to the support of the rebel cause, must
be held to be disqualified.
But officers who, during the rebellion, dis
charged official duties not incident to war, but
only such duties as belong even to a state of
peace, and were necessary to the preservation
of order and the administration of law, are not
to he considered as thereby engaging iu rebel
lion or as disqualified. Disloyal sentiments,
opinions, or sympathies would not disqualify,
hut where a person lias by speech or by writing
incited others to engage in rebellion be must
come under Ihe disqualification.
17. The duties of the board appointed lo super
intend the elections.
•This hoard, having the custody of the list of
registered voters in the district for which it is
eonstit uted, must see that the name of the per
son offering to vote is fouud upon the registra
tion list, and if such proves to be the fact, it is
the duty of the hoard to receive his vote. They
cannot receive the vote of any person whose
name is not upon the list, though lie may be
ready to take the registration oath, and al
though he may satisfy them that lie was una
ble to have his name registered at the proper
time, in consequence of absence, sickness, or
other cause.
The board cannot enter into any inquiry as
to the qualifications of any person whose name
is not on the list, or as to the qualifications of
any person whose name is on the list.
18. The mode of voting is provided ill the act
to he by ballot. The hoard will keep a record
and poll-hook of the election, showing the
votes, list of voters, and the persons elected by
a plurality of the votes cast at the election, and
make returns of these to the corninaudiug gene
ral of the district.
10. The hoard appointed lor registration and
lor superintending the elections must take the
oath prescribed by the act of Congress, ap
proved July 2, 1802, entitled “An act to pre
scribe an oath of office.”
I have the honor to be,
With great respect,
IfENRV STANBRRr,
Attorney General.
Printers are Manufacturers. —The fol
lowing, says the Floridian , is an official letter
from Commissioner E. A. Rollins, iu auswer to
inquiries addressed to him by us whether print
ers arc liable to be taxed as manufacturers,
which we publish for the information of our
brethren of the press :
Treasury Df.partment, }
Office of Internal Revenue,
Washington, May 23, 1867. )
Messrs. Dyke &j Sparkaick :
Sirs—l reply to yours of the 10th inst., that
a printer is liable to the special tax as a manu
facturer, if the articles he prints exceed in value,
when printed, SI,OOO per annum.
A printer is understood by this office to he
any person or firm whose business is to take
impressions from type, or engraved surfaces,
upou paper or otliL‘r materials.
The exemption ol manufactured articles from
specific ad valorem duties in no way affects the
liability of the maker thereof to the special tax
as a manufacturer.
Proprietors of publications who do not print
the works they publish, are not liable as manu
facturers iu respect thereof, hut are liable as
dealers, if their sales exceed SI,OOO per annum.
Manufacturers may, without additional liabil
ity, sell their products at the place of manufac
ture or at. their principal office, provided no
wares are kept except as samples at such office.
Very respectfully,
[Signed] K. A. Rollins,
Commissioner.
Shall Women Riiie Astride?—lu Solan
county, California, not long siuee, a young lady
was killed by falling from the horse on which
she was riding. While her animal was going
at full-speed she fell, her skirls hanging to the
saddle, dragging her for the distance of half a
mile, and horribly mangling her body. After
announcing the fact, the San Jose Mercury
adds :
“If she had been dressed in a suitable riding
habit, and bad been seated upon her horse in
the only safe manner iu which a horse can be
ridden—that is, astride—no sueli accident could
have occurred. A young lady from this city
was thrown from a horse last week and barely
escaped with her life. Accidents of this kind
are alarmingly frequent. It is well that ladies
who practice horseback riding are usually fur
nished with gentle horses, or they would meet
.with far more accidents than they now do.—
There is death on the side saddle, sure, for
every woman who follows the present danger
ous fashiou of ridiug side-wise. It is only a
questiou of time; they are all bound to break
their necks in the end. If ladies would enjoy
the healthful pleasure of horseback riding, safe
from such daugeroiA accidents as that noted
above, they would wear the modest and beauti
ful Turkish riding dress, and ride astride.’’'
( From the Richmond Examiner.
Murder WiU Out,
A. KEY TO THE MYSTERY.
The murder of a young woman in February
last, on the Drinker farm, caused at the timo no
little exifftement iu the city and the county,
from the mystery iu which it was involved.—
The body could not he Identified, it will be re
membered, and many were the surmises with
respect to the name and condition of the un
fortunate young woman, who was found mur
dered in the woods. A number of young wo
men were missing, but they all turned up or
were accouutcd for upon close inquiry.
Suspicion fell upon one Janies J. Phillips, a
young man who was employed on the farm of
Mr. Turner, two miles ami a half below the
city, whose actions at. tlie time of the inquest
were very singular. Constable Colo ‘and Mr.
Knox, the detective officer ot the comity, how
ever, kept their own counsel, and awaited the
development of events.
Yesterday they considered that they had dis
covered' sufficient evidence to warrant the. ar
rest of Phillips on a charge of murder, and,
procuring a warrant from Justice Wade of the
county, they proceeded to Mr. Turner’s farm,
and took the accused party into custody, lie
was brought to the city, and committed to jail
to await an examination before the court of
magistrates.
The tacts discovered which led to the arrest,
were as follows: Phillips left, his wile in Tap
pahannoek, Essex county, and came to the city
to work. Here he denied that he was a married
man, and was paying his addresses to a young
lady with whom he had become acquainted. A
few days previous to tlie discovery or the body
of the young woman in the woods on the Drink
er farm, Mrs. Phillips left her home, with the
intention of joining her husband in Richmond.
It is said she arrived here, but disappeared, and
has not since been seen. Within the last twenty
days Phillips has written letters to his wife’s
brother, in Tappahannook, in which be inform
ed that gentleman that liis sister (Phillips’ wile)
was lying very sick at Richmond. These cir
cumstances, and others not yet disclosed, were
deemed sufficient to call for an investigation.
The facts further show that Phillips married
Miss Annie Pitts, iu Caroline county, on the
13th of July, 1865, and afterwaids moved to
Surrv couuty, and this wife is supposed to lie
the murdered victim. When arrested yesterday,
while at work in tlie field, a picture was found
on his person resembling the woman found in
the woods, and severul books were fonnd in liis
trunk with the name of Auuie Pitts, partially
erased lrom the tty leaf.
Phillips is a young man, about twenty-three
years of age, of good personal appearance, and
is tho sou of Mr. Dabney Phillips, former
sheriff ot Henrico county, well known in the
city, and highly respected for his worth and in
tegrity. Young Phillips served in the army, is
represented to have been a gallant, soldier, and
has hitherto borne an unblemished character.
When arrested, the prisoner denied that he
ever had a wife, and declared the entire story
was false. The matter wilt he investigated in a
few days, when all the facts will be brought out,
ami till then we deler comment.
As tho public may have forgotten tlie inci
dents of this horrible crime, it may be well
enough to refresh (here memory bv reciting the
main facts. The body of the young woman was*
found ou the New Market road, in the Drinker
woods, about four miles from Richmond, by
Mr. Drinker and a negro, on the l?8tli ol Feb
ruary. «>u the following day an inquest was
held at tlie house of Mr. Pleasants, near the spot
where the body was found, but no due to tlie
identity of tlie body or to tlie slayer could lie
discovered.
There was no evidence of violent outrage
upon the person ot (lie deceased. On tlie brad
was the mark of a pistol shot, but tlie ball had
glanced around, and quite evident that,
death had been produced by strangulation or
some other means. Blic held In tier hand dead
leaves, which, in the death struggle with her
murderer, she must have clutched in her cou
, vulsive grasp. She was very r.catly attired, and
1 rather comely in person.
Os her first burial and subsequent exhumal,
' and tlie efforts made to identify tho body, it is
needless to say anything more at present. The
’ matter had almost died out of tlie public mind ;
when suddenly we are again called upon to
open the inquest, which will, in all probability,
, result in showing that tlie Drinker’s wood
tragedy was one. of tlie most cold blooded and
premeditated wile murders that has ever crlm
i?„-«L‘<l the annals of crime.
B °PJVrmaduke Johnson and Messrs. Spalding*
Tlioimfe lmve bcen rct!linc< ’ *»y 1110 prisoner for
his defenWij
„ „ , VjXJiougli it ha 111 no tongue,
‘Murder,most miraculous organ.”
Will speak \vi<k~ ,
Before bringing
A Splendid h, c Southwestern KcHci
their labors to a close, T 'V determined to ac
Association of this city tlioir indebted
knowledge, in handsome of the Pitts
nessfto James P. Barr, l?sq.,
bur i&Post. That gentleman lrw£ r
sonnl exertions in Pittsburg, I: stirring
appeals which he lias publisher —*«/, ren
dered a signal and most fruit(T \"W»nee to the
suffering poor of tlie South, ti.JF individual
members ot tlie association havewmt of their
qwii private incans, purchased a a Jmdid silver
salver, a pitcher and two medr.llicf goblets, ail
of massive silver and beantifirly wrought,
which they will have suitably insciißbcdand pre
sented to him. These articles are among the
finest of the rieli wares at Kendrick’s, on Third
street, where they may he seen for a day or
two. This testimonial has been well earned by
onr Pittsburg brother, and the gentlemen of the
association honor themselves by showing their
appreciation in this handsome manner.
f Lou. Courier, IDA.
Look at Home.—The Post, on what it very
properly terms the stupidity of British states
men, says:
The reproach of British statesmanship is, that
after seven hundred years ol continuous rule,
they have been able to make of the Irish noth
ing but enemies, so at this late day they fall
back upon the military rule as their only means
of keeping the peace, precisely as it was iu the
days of llenry VII. and Oliver Cromwell.
With all the capabilities of that Green Isle lor
being made a paradise, seven centuries of Brit
ish rule have left it what it is; and English
statesmanship does not know how to make it
any better.
Yet the l'ost and the Post's party are falling
into the same stupidity in making not only- one
Ireland but ten, in the United States. Ireland,
after seven centuries of oppression, is in no
worse thraldom to-day than our military depen
dencies are—and lienee, it is but hypocrisy to
he thus throwing stones at John Bull for hav
ing done what we are now doing so zealously
ourselves.— New York Express.
President Johnson’s Acceptance of the
Masons’ Invitation. —The President’s note,
accepting the invitation of the Grand Masonic
Lodge of Massachusetts, is as follows :
Executive Mansion, )
Washington, D. C., June 11, 1807. $
Chas. C. Dame, Esq., G. M. of the Grand Lodge
of Massachusetts:
Dear Sir and Brother: I have received
your letter of the 25th ultimo, conveying tome
the fraternal invitation of the M. W. Grand
Lodge of Massachusetts to attend the dedica
tion of their new Masonic Temple in Boston,
on the 24th iust. It affords me much pleasure
to witness these most interesting ceremonies,
and if in the meantime nothing occurs to pre
vent, I will be present with you on that day.
Accept assurances of iny appreciation of the
complimcut of the invitation, and believe me,
dear sir, to be truly and fraternally yours,
[Signed | Andrew Johnson.
The Rain.—The following is an extract from
a business letter: ,
Thomson, June 18.
We bad a very heavy rain iu this section last
night; bridges and mill-dams on several streams
are washed away. I have no recollection of
ever seeing as much rain fall in the same space
of time. It was with some difficulty I could
get here to-day from my place—about six miles
distant.
The Railroad Snarl.—The difficulty be
tween the South Carolina Railroad aud the
Columbia and Augusta Railroad was settled
yesterday morning, says the Columbia Phantx
of Sunday, by the municipal authorities. Mr.
Radclifle, Chief of Police, under direction of the
City Council, proceeded to the disputed point
Os territory ; and after a formal verbal protest
from the ageut of the South Carolina Railroad,
directed Policeman Cooper to remove the en
gine, which was done, and the crossing was
promptly laid. This is the result, as we pro
mised.
Fine Potatos.—Col. C. V. Walker has sent
to us specimens of fine Irish potatoes, which lie
raised on his little farm adjoining the city.
They are a new variety to us, and termed the
“Early Goodrich.” The Colonel planted in
April, at. the same time lie planted his “ Peach
Blows.” The “Early Goodrich ” arc, by all
odds, the most prolific; they have no blooms,
and the plaut is not more than two feet high.
We counted on one of the plants, which the
Colonel submitted to. our uotiee, forty-six po
tatoes. We have, furthermore, submitted these
potatoes to the “pudding proof," and pro
nounce them excellent. Col. Walker informs
us that the proper season for planting the
“ Early Goodrich ” is February, and he is con
fident that they will mature Iu April. We hope
the Col. will preserve u quantity for seed, and
distribute them throughout the county.
BY TELEGRAPH.
ASSOCIATED PRESS DISPATCHES.
From "Washington.
Washington, June 19.
Isaac Newton, Commissioner of Agriculture,
is hopelessly sick.
The Cabinet is in session to-day, making the
third consecutive day.
The Department <>l State has information that
the court-martial in the case of Maximilian has
been suspended for the present.
Judge Fisher has decided that the prosecution
need not furnish a list of witnesses to the de
fense and against the right retaining witnesses
lor cross-examination at any time during the
trial.
The fact was developed during the argument
that the prosecution has seventy witnesses.
Charles il. Rlinn, watchman at the Vermont
Central Depot, testified: Two men, one of
whom left a handkerchief marked J. 11. Surratt,
slept on the. benches on the I7lh of April.
Carroll Hobart, conductor of the Vermont.
Central Road, carried the prisoner towards
Canada.
Conwell agreed to admit railroad time tables
as ovldenee.
John T. Triplett, heard a conversation be
tween Mrs. Surratt and the prisoner; heard
Mrs. Surratt say she would give any one a
thousand dollars to kill the President; thought,
he heard the prisoner, when there was a Union
victory, curse the Union army.
The defense olyeeted, but the prosecution
wanted to show malice, aud the evidence was
dmitted.
Further evidence, iulended to confirm the
impression of Surratt’s presence here on the
night of the assassination, was heard, but noth
ing striking developed.
The court, adjourned
The Cabinet session lasted from ten till half
past two, when the President, Stanton anil
Sranbery had a prolonged interview.
Rear Admiral Stephen C. Rowan has been
assigned to the command of the Asiatic squad
ron.
Revenue receipts so-day $540,000.
From Mexico.
New Orleans, June 18.
The following is from Galveston, dated NStli:
We have dates from Queretaro c»f 3d, and Mon
terey ot SHh.
A letter from San Luis,..ld, says a telegram
from Queretaro of 3d stales the trial of Maxi
milian is not concluded.
Sixty ladies in mourning, residing in San
Luis, called on President Juarez, and prayed tor
the life of the prisoners <>l Queretaro. The
President said he would do all he could com
patible with justice and his duties ; that many
Liberals had been shot,, and they had not inter
ceded.
Two engagements at the Capital have resulted
in lsvor of the Republicans. The foreigners
advised Marquez to surrender, promising to
protect liis escape.
The Brownsville Rawihe.ro says: FA Mexicano,
121. h, reports Santa Anna oil' Vera Crnz.
It. is reported that Maximilian ashed a private
interview with Juarez, lor the purpose ol dis
closing important, State secrets.
Maximilian was the night of the
3d inst., and sentenced to he shot, on the morn
ing of the 4th, with Miramon, Mejia. Marquez,
the commanding oflleer of the City of Mex
ico, in correspondence with the Liberals, lias
also arrested a hundred and sixty Liberal sym
pathisers, and threatens to execute them atul
burn (lie Capital it Maximilian or his Generals
are harmed.
Mejia selected Escobedo (or his counsel, who
refused to serve, saying lie K would see him
damned.”
Flake’s bulletin lias returns from El Paso and
other Custom Houses on the Rio Grande, by
which it appears the export, of cotton to Mexico
tliis year is about 10,000 hales.
Bonded warehouses are established at. San
Antonio, and the trade with the interior of
Mexico is now expected to he large.
■ New Oni.EANfl, June 19.
! a paper published in Guadalupe concludes,
an article on Europe as follows: Heretofore
she threatened us ; now she implores us. Be
.. fore she looked upon us with contempt; now
~ she is on her knees before ns. The heads of
Maximilian and his Geuerals are imperiously
demanded by the Mexican nation. The Mexi
can press arc congratulating themselves that no
European power hereafter will be able to coerce
them either into paying debts, or any other
g wav. So far, they sav nothing about the United
■I States. ‘ aan.lu mr
•- T >.ii’h J Might
1- Nkw Yo . -,,v
w The /?.rp>-mpaiisitJiajQ>j:;,Vr.,| Juue 19.
thoroughly
'■Wtm advices Tnafi the Juarez fobces were
severely repulsed at Tampico. The garrison’s
battle cry was V Viva, Santa Anna! Viva, Re
public!” '
Foreign.
[nr tub OAm,B. |
London, June 19.
A public breakfast lias been tendered Wil
liam Lloyd Garrison by a committee, of which
the Duke of Argyle is chairman. John Bright,
will preside.
In the Vice-Chancellor’s Court on the demur
rer in the.' ease of the United States vs. Wagner,
(lie decision was in favor of the- plaintiff.
Dciilin, June 17.
The film nil of the victims of the late riot was
attended by 5,000 persons, all wearing green
emblems.
From Charleston.
Charleston, June 19.
A duel was fought this afternoon at Ilatelie’s
Avenue, a short distance above the city, be
tween Edw’d Roe, formerly of Columbia, and
Theodore G. Hoag, of Charleston. Roo was
wounded—supposed mortally—at the first (ire.
Boag surrendered himself promptly to the civil
authorities.'
The comments upon Gen. Sickles’ course,
contained in the Attorney Generals’ opinion,
published here tiiis morning,created a profound
sensation. General Sickles has to day for
warded a request to Washington to be relieved
from duty ns commander of this military Dis
trict,—and demanded a court of inquiry on bis
otlleial actions.
From Virginia.
Petersburg, June 19.
In two of the wards of this city, up to this
evening, 486 whites, and 1,448 negroes have
been registered. There is much apathy among
the whites on flic subject of registration.
Richmond, June'l9.
In registration in this city to-day the blacks
went. 97 ahead of the whites ; in the county 59
whites and 2 blacks were registered.
Two citizent have been summoned before the
United Slates Commissioner, charged with reg
istering, though they were disfranchised.
From tlie "W^est.
Omaha, June 19.
The siiDerintendent of the Union Pacific
Railroad says the work must be abandoned un- i
less there is more protection from the Indians. ,
From Ohio.
. Columbus, June 19.
Gen. R. B. Hays was nominated for Governor
on the first ballot.
Marine ISTew.s.
Queenstown, June 19.
The City ol London has touched.
Charleston, June 19.
Arrived—Saragossa, from New York.
Sailed—Sea Gull, lor Baltimore.
Boston, June 19.
The Cuba, with if 160,000 in specie, sailed to
day.
New York, Juno 19.
Arrived—The Queen, Ironi Liverpool.
Savannah, June 19.
Arrived—San Jacinto, from New York.
M_arkets.
FOREIGN AND DOMESTIC. ]
London, June 19—Noon.
Cousols, 94%; bonds, 73.
London, June 19—2, P. M.
Bonds declined %.
London, Juue 19—Evening. t
Cousols, 94% ; bonds, 73%.
Liverpool, June 19—Noon.
Cotton firm ; uplands, 11% ; Orleans, ll%d.
Corn, 87s. 9d. Others unchanged.
Liverpool, Juno 19—2, P. M. j
Cotton, Breadstuff's and Produce are nn- t
changed. Beef advanced 2s. 6d. Pork has de- a
dined Is.; quoted at 74.
Liverpool, June 19—Evening. I
Cottou closed easier in tone, blit prices un- 2
changed; middling uplauds, 11%; Orleans,
11% ; sales, 8,000 bales.
New Yokk, jfinolO—Noon.
Stocks dull. Money, 6. Cold, 138%. Ster
ling, time, 10; sight, 10%. ’62, registered,
107%@107%; coupons, 110%@U0%.
New Yokk, Juno 19—P. M.
Stocks active. Cold, 138%. ’62, registered,
107@107%; coupons, 110%. Virginia sixes,
<>7@7o. Tennessee sixes, new issue, 09.
New Yokk, June 19—Noon.
Flour, 10@20c. lower. Wheat dull and de
clining. Corn shado belter. Pork firmer;
mess, S2O 85. Lard dull at 11%@12%. Whis
ky quiet. Cotton quiet; middling uplands,
27c. Freights dull.
New York, June 19—P. M.
Cotton is unchanged; sales, 2,100 hales.
Flour dull; Stale, $7 30@10 80; Southern,
$9 40(3)15. Corn quiet; mixed Western, fl 07
@1 10; Southern while, $L 10. Pork is firm
at s2l 70. Lard dull. Whisky quiet. Pro
visions quiet and steady. Naval stores quiet.
Turpentine, 003662%; Rosin, $3 50(3)7. Freights
lesslirm; cotton, 3-10.
|IS Ai.TiMOKE, June 19.
Cotton is quiet at 26%. Rio eotlee dull and
unchanged; stocks, 41,000 bags. Floor dull
and drooping; only retail demand. Corn more
steady; white, $1 07301 08; yellow, $1 08@1 10;
Western mixed, sl. Sugar quiet and unchang
ed ; imports, 4,000 hlids. during past week.
Provisions, stock tight; market maintained Imt
inactive. Laid and mess pork dull and heavy.
Whisky, 30(3535.
Cincinnati, June 19.
Flour dull ami unchanged ; family, sll@l2 ;
fancy, $133614. Wheat firmer. Corn dull aud
nominal; 75c. asked for number one. Cotton
dull; middling, 24(3)24%. Whisky unchanged.
Pork dull at s2l. Bacon in moderate demand;
shoulders, 9 ; clear sides, 12%. Lard dull at 12.
Mobile, June 19.
Cotton market closed firm ; middling, 24.
Sales to-day, 650 bales ; receipts, 82 bales.
New Ort.eans, June 19.
Cotton Btiffer ;. sales to-day, 1,000 bales at
24% ; receipts, 912 bales ; exports, 864 bales.—
Sugar, Louisiana seconds, 11 ; prime, 13%@14;
Cuba, Nos. 10 and 12, 11%@11%. Cuba mo
lasses held at 47%@50. Flour little steadier
but too irregular lor accurate quotations. Corn
dull; yellow and mixed, 80@85 ; white, 95@$1.
Oats drooping; sales at 75. Pork dull; nomi
nally, $23@33 25. Lard, tierces, 12% ; kegs,
13%. Bacon, shoulders retailing at 10% ; rib
sides, 11%; clear, 12%. Gold, 137%@138.
Sterling, 43%@52% ; New York sight, %@%
premium. T „
Savannah, June 19.
Cotton steady, with fair demand ; sales 310
bales ; stock offering, very light; receipts, 46
hales.
Charleston, June 19,
Cotton is quiet and unchanged; middlings,
25@26; receipts, 124; sales, 52 bales.
Augusta Market.
Oshob Daily Constitutionalist, f
Wkunksday, June IH--F. M. s
FINANCIAL
GOLD—In good demand, brokers are buying at 136
* @137 and telling at 138.
SI LV Kit -Brokers are buying at 123 and selling at
132.
1 COTTON. —There was a good demand to-day for
- grades above middling al 24(3124>£c., while all cotton
below that grade was neglected by every one. Sales
B were limited, amounting to S 3 bales, as follows: 4 at
t7K, 1 at 20, 6 at 23, 2 at 23)4, and 70 at 2lp. Receipts,
’ 28 bales.
s Note. —The following 74 bales were sold yesterday
. and not reported : lat 21, 6at 22, and 07 at 23c.
, , —• —"
s River News. —No arrivals. Julia Bt. Clair left to
day. River, 13 feet 8 inches.
Ouh Citv Railroad.—lt affords us pleasure
to be able to announce to our citizens that this
Important enterprise will soon be an accom
plished fact. We learn from Col. Cole, the
President of t he company, that ho lias contract
ed with responsible parties for the building and
cquipiug of the road, about eight miles i’o<£
length, in first class style and manner—
any street railroad in the country,
next six months. The contractors, l*.
i confident of being able to have j e c3f
! by or before the first day of running'
pletiou of this road will, wty er /pile com- i
> life into our city and '"lirgfldiflic, infuse new
L! convenience to of great .benefit and
I tl r population, and for
of the enterprise we
” if not. entirely, indebted to the
“zeal aud persevering energy of Colonel Cole,
whose faith in its success has never flagged,
despite the apathy and opposition shown by
some of our citizens. Sufficient stock has
bcfeii subscribed to warrant the undertaking, *
still all the shares have not been taken;
but now that tlie building of the road is an as
sured fact, we hope and believe our citizens
will see to it, that the whole amount is sub
scribed. It is desired that the road should be
Owned by our own people, and the stocks held
by all classes.
Every ono living on the line of the road
should have an amount of stock, at leas t to the
value of a horse, that they may have a voice in
its management. Success to the Augusta Street
Railroad, and honor to Col. Cole, its President ,
Superior Court— Judge Gibson presiding
—H. Clay Foster, Esq., having passed a very
creditable examination, was admitted to plead
and practice law in the Superior Courts of
Georgia.
The case ol C. W. W. Bruen ns. The South
ern Express Company, was taken up. This is
a suit brought by Bruen to recover the value of
a negro woman entrusted to the Express Com
pany, in the summer of 18(54, iu Savannah, for
transmission to Augusta by railroad; but tlip
woman left the train of cars before its arrival
in this place. The jury failing to agree, having
been out about two hours, were discharged and
a mis trial declared. Messrs. Hook & Carr for
the company and Mr. Hilliard for Mr. Bruen.
James Rooney vs. Central Railroad and Bank
ing Company. This is a suit brought by
Rooney for injuries sustained in February,
1864, by him, while in the discharge of his du
ties as an employee of said railroad. The
Court held that the plaintiff suffered from his
own negligence.
While the jury was out, the Court adjourned
to 8 o’clock this morning. Judge Starnes ap
peared for the company aud Frank H. Miller
and J. T. Shewmakc for the plaintiff.
Wheat Freights.— We have been furnished
by Col. Cole the published tariffs of special
through rates on wheat Irom Nashville, Knox
ville, Montgomery, West Point, Rome, Chat
tanooga and Atlanta to New York, Philadelphia,
Baltimore and Charleston, via Augusta. Also
the special through rates on wheat from stations
on the Georgia Railroad to the above mention
ed points. All interested should supply them
selves with copies of these rates by applying at
the office of the Superintendent of the Georgia
Railroad.
Choice Tobacco.— We take pleasure in call
ing the attention of our readers to the adver
tisement. of Col. A. F. Rudler, sole agent for
the sale of Messrs. C. D. Mayo & Co.’s superior
smoking and chewing tobacco. We have tested
some of the chewing tobacco and pronounce it
a very fine article.
Wm. I>. K. Millar. Tiiomas Jackson.
MILLAR & GO.,
GENERAL
COMMISSION MERCHANTS,
AND DRALKKS IN
Railroad and Machinery Supplies,
SAVANNAH, GEORGIA.
OoA CH,FINDINGS, nail Mohs WASTE, OILS,
TALLOW, AXLE GREASE, WHITE LEAD,
VARNISH, PAINTS, BELL CORD, PRESSED
LARD, ZINC, always on hand and for sale at lowest
CASH PRICES.
Bole Agents for .lona Watson & Co.’s celebrated
-A-xle Grease.
REFERENCE:
Heading Merchants and Railroad officers of
Savonuali. aplß-raAtb3m
SELECT SCHOOL.
A/T V School -will be resumed on the Ist of July.
My term is composed of twenty weeks. Tuition and
board, $l6O per term—half in advance, the other half
at the middle of the term. . •
I am allowed to refer to Col. T. M. Turner, Col. A. J
Lane, Bishop Pierce, Sparta; Dr. C. P. Bemun, Mt.
Zion. D. S. HAYNES.
Oultcrt6n, Hancock county, Qa.
jel6-3w*