Newspaper Page Text
N, S. MORSE,
#|nmick & i'cnfintL
AUGUSTA, GA.
WKo\Em»\v Mim.u.v;, :*i wan i.
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io continue it, it w'■ <•!•-* •: t ..til- V your Miljncription n
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five* u» liisiornici u-»relns |.r«.«.;ti!:v!t;re,:-;;
Weekly llnte>*.—Tin pi .•• , the Vecki.t f’upoxietE
A Sltn • tinijn.s doi'ai ..;r three- irtdntke, twetrs dollar-; 1- t
•lx monthn. •
Haiti! Rug*!! Raza!!!— I’i. - ■ iperntakf.rivan* ra**-*-
rng;. of cot ton men, «.• . >'ld rope, (IC. fa every viurn. ' - re
•uitbtto he it r.<K iii-.T. r. rii, «1.0 . aln tmv «tery .1 .
MKsliecan r l from u! the sn-ronniE.-v C",nlry. Wt-v/t- 'nl
like tr hear from any who will unit. 11 ~ke to buy r:.. t o ilc
paper bnl.e Cut: <t :\. i-1 . i .ki,. Oil receipt
we will slateprice.■.. etc.
AS I.VPOHI'AM' UKC.HifiV.
'2 up. xox ltaphTjlTY or mj,x up.
Cl A RED UXIIT FOR ALIfPE DU'J y
10 CONROE IPTLoX. • *
Robert B.iadv I Unbent C(rrpm.
vs. M.t nfft-ere </, for movant,
Lieut. Clahk .) Col t A. Harris, contra.
The points of luv raised in this c.ii-e, in
volves a review of lh- decision at this Court in
the case of Kaufman vs. tho • CosdVdeuito
States The constitutionality of the act of
•Jongcriptioit, par-Fx! February 17th, iHf.t,
and Hie construction of tin 1 powt r t»f the Con
federate States Government. uuderthe right
to “raise armies” over men declared by med
ical boards, unfit for military duty.
Till! FACTS.
Robert C.*’ Brady, a?to- lining discharged
from inbiUly to military service on account, of
physical debility, by some two or three medi
cal boa ids, was iiually found fit for fight duty.
1 e has been in camp four mont'-s, without
doing or being B-Mgucd to any duty, lie is
upon crutches, and for the rtmsons stated al
leges be Is tlicgally deprived ol bi.t liberty.
In the case of Kaufman,' wo dte.77 4 distinc
tion between the powers which belonged to a,
nation, as an incidiVt of its sovereignly, or
the prerogative of king; l , and that which a
constitutional magistrate was allowed to ex
cruise. Was tliii distinedon founded upon
v sason, and is it supported l>y law ? We raid,
.*• in cases where several "iudepemh-nt nations
untie, by virtue ot a written const ii>ffio:i to
|, hi a confederacy, then such e< n.-itlutlon is
th ) lav."of it* life and the character <h exit tenet;;
anl in it v'e must look for the power. It it is
not expressly delegated, or arisen by .nalur-d
and necessary implication, the Conloderacy has
mo right to exercise it.’ 7
It will not be disputed l>y any min acquaint
ed with our system of government, hut that
every power i,s vested in the people; that, ev
ery power Hows fioni them, film people are,
therefore, not limited in their rigiu* by what
(he governuient grants, but the govoiairu'-nt
i., limited by wfajt the pt*>ple have given
'lire political liberty which tlu; government
represents cannot hdrinxo tlje civil nod lrdu
rat liberty the people have retained; for the
very aim and efijert of 1 olitical lih< t.y Is she
protection of civil liberty. Montesquieu sayo :
••Liberty conmsti in not he:eg lefj-ccct to do a
thing which the laws do not. oblige. People
are in this (State only as limy are gov, idled by
,-ivil laws, and because they are governed by
rfvii laws th. y aro fv'o.” .See Cbipmun on
Government.
In this authority we have a- recognition of
the fa«l that liberty exists in civil association
regulated by law, and in an m-noci-ttion of in*
dividual or of States, where t.bs' ty is pro
tected, tlu! Jaw, either statutory or by com
pact, forms tin? principle of i; *bt, and if h»!
laws, when we said of this ConMoiracy the
Constitution was too law of its M-.y we a vi
ed a truth, which would only bo weakened by
the implied necessity of uu argument. Our
1 • iginige iu the case ot Kaufman was. “that
ths Confederate Constitution is only leg
imate source of Confederate jniser; tbul pie
. rogative is no part or parcel of it a existence;
that it lives an i breathes by the wo* nod |
er of the Constitution alone.” t: is u-ted the.!
the public policy dem mds "u time ot ;var t i I
even the Constitution, should yield
to this law of necessity.
We do not see any benefit that could possi
bly flow to the people from setting eaule the
'institution; on the countrary, tin; eye most
"'vded that contemplates the future of ibis
be si. 'au tho in.ditutiors of civil li’ooriv are
land wb 5 n by the storm of auare'ij'. in the
lent l« tava ' all that thro-teas, with ail tho
very mb’st ot . 1 surrounds us, we can se no
iringe of lire tba, ' i l( ,j.e :! s that which It* ds
policy so fruitful 01 the public justice.
through tile channels , ‘ s ke those who wor
'4ho followers of policy, 1. 'ii»:, t aid cloud
ship tho sun, will see i; sot iu • its Am hi r,
end daikuess; but justice, like p, t .0
grows blighter to tho w.u> >ll e,u r>
independent energy ot its resources v
a nation to freedom. <; u >
In view of tho law, wo ivitevafo that
“Confederate 'Gonstituthm is the only’ bm.iti.
mate source of Conlederalo power,” and will j
therefore, examine the principles of this c >,-•.•, j
under the grants of power contevn and upon the j
Government by the Constitution. Bi-eiioml.l
grants the power to ‘‘raise and support arm.
and by virtue of this grant, the acta oi < a
rcription have beeu nueted by tK* C - mv
ate Congress Tho act ot lHf.l, it ': >s |
nn constitutional: but In the vu-v? w»» h.'co. this
question is not open to tilecassion. The Su
preme Court of this 3,‘nta has atliCuu ’ t:.<* e< u
•titutionaiity of conscript;m, a «h-Cisi.-n
made by Judge Harris: ur.'nvbh the profound
respect we entertain for thisuilum wo will
not pass upouwhe act farther than to deciule
their solemn judgment. The mode of “raising
armies’’ by conscription, we tkeu-fpro, held to
ue constitutional.
The constitutional limitation cport if s excrete
l s the question of this case; for the mode may
tM legal and the yso illegal, within certain
I.units may te constitutional, ami outside of
them unconstitutional. or illustration : c-ou
•BC'lpting men neocsury for the mttsatet.-av.ee of
tb > State Government would be an it legal use
of the power, for the soverSigiey « the State
cannot be etnas :dated by an no-, of Cos. gross.
The right to ta» is e ns itntiomU. but a tax to
establish a feligi on would lo unconstitutional.
r Phis question of limitation on conscription has
been sanctioned by cur euprecw? court, in the
cases of detailed anti exempt aciicuituraliste.
We hold they vere not ia the . my or military
• service of the Government, ami tins ease was
affirmed by the court.
We decided that Congress, in the exercise of
the power "to raise armies,” could not detail
® id exempt agriculturists and hold exclusive
military control over them: that the power of
raising an army meant the taking of men into
the army aud arming thorn lor war. The Su- >
pr«me Court then affirmed this decision. We
have not the grounds of their >pin ! dn;but rea
aonably presume that they held like ourself— i
' that the power to raise armies was one thing,
and the power to raise provisions Mother; tb,.i
raising an army was a military act; raising
1 .ovisions on agricultural one: and over the
agricultural interests Cob gross ha-1 no legiti
mate'control or power. The Constitution tt-ves
tha'poWer to take private property for public
tae, upon that compensation, and under this
■power tfcugrem has the right to impress sup
plies by paying for fheus. - Tire Gonstituvbm
ft rants the power of b'vyiag taxes, and thus
Taw mousy to carry out the law of impress
ment constitutionally by paeiue for the articles
taken, Ami thus support the armies; and we
■therefore decided that detailed agriculturists, as
■well as etftqjpts were not in the aim?, and li
mited the power ot raising armies to the fac£
of raising them, not’upon paper, not by the
pacaagdof law* .but* by mimary-actioo.
-»- The still fnrtliePlimilaUou os ttae power be
jpome# a question of Important inswept in itia
* . • j 4.
' ‘' . ' ' ' • '.f e y*' ..
crise. Vms decided in the case of Kvufmaa,
?! -t a person was not liable to be assigned t<>
mental service atUr a hoard of surgeons had
decided tho paily unfit for military service.
-I his case prescifts for consideration whether a
citizen owes any other than military servi e
10 the govern Hi' nt, and whether a man found
unfit f r military p.ei vice can be detailed in
other service.
'the power to raise armies and the power .to
rapport a:mtea v*<s regard as distinct and sepa
rate, as we will hereafter demonstrate. Con
scription is the power to raise armies—taxa
tion is the power to support them; and the
funner, tho necessity of proper understanding
Ike mean log of the t* in armies is apparent.
What did the framers of our Constitution mean
by the teno? In the military code ol nations,
in the rules and articles of war, an. army
means a body of men. armed for war. This is j
if- n '.vernal meaning; it is 'the definition of |
the Locks, and the true meahing Vattei itn
parts to it,' as we will presently see; aod able
bodied men, men capable of bearing arms -in
di-ii-ose of the State, are implied by the lan
guage used in the Constitution. If conscrip
tion was intended as a mode of “raising ar
rnicS,” wo apprehend its application was lim
ited to men whr.se services were indispensa
ble to tight the battles of the country. Vattei,
page 291, says, “every citizen is bound to
serve and defend the State es far as he is ca
pable.’’ ’J he word serve is pressed with great
iorce, a? authority to compel men to do any
service the Government legislates duty.
It, is therefore proper that we ascertain the
word “serve,” before we go further into this
investigation. Inthe view we hold, we think
it means military service; and our reason for
tlii;; opinion we will no present.
In th* first place, the word was used as ap
plicable to the people of Europe, and as no
such power was bolder claimed by'European
Governments over their citizens, it follows
that the term was'not intended to cover so
wide afield of duty, as that laid down, with
outgiving it a meaning the author never in
tended to convey. We fiud that in conjuuc
t.iou with the terms serve and defend tho
•State. Vattei says th's is necessary .for the
.(a'inmen defense, and every man capable
of bearing arms should take them up. Here is
tho very doctrine we lay down, sustained, tor
“every man capable of bearing aims,” are the
men who constitute an army and elo military
service, and they are bound.to serve the State.
Again Vattei says the sovereign has the right
to enlist whom he pleases. “The term enlist
is applicable to armies.” If we ask the ques
iiojj to illustrate, who is the citizen to serve:
we get tile true moaning, for the citizen is
bound to serve nobody. One man is as.free
under the Constitution as another. It.we ask
what lie is boun?l to servo, yvo answer he is
bound to serve the State ; and service to the
State is military service, service in annstoder
fend it, for no person, says the authority, is
“naturally-exempt from taking up arms in de
fense of the State ” These only are exempted
win) are incapable of handling arms..
We have therefore, we think, shown that
the term army means a body of men armed
for war, uiel the service tbe citizens owe is in
the a: my for military service to the nation
Wo will r.ow proeeed t«, eouspier whether con-,
script ion can be applied to other pqrpcfjeg
than raising armies ; or that men uhfit to go in*
to die tinny, to render military set'vice, can bo
forced by conteriptioa into other service, and
the Sell section of ike conecript act passed Oc
tober, 1864, ia in* Ibcae v/urus, the
duty of provost and hospital guards and pierks,
guards, agents, employees or laborers in the
commissary and quarceimaster department,
and’clerks and employees of navy agents, as
also in fro elocution of the enrollment acts,
and ail similar duiit:-., sbyU be performed by
;> vsoiifi between IS and -15, and who, by >1 re -
pmt of a board of army surgeons, shall ba re
port*-'i as unable to perform active service in
the field, but capable'of performing some of
ihe iib.-ve named duties, specifying which.”
Is this tectum of the act copstß-niiongl ‘‘ We
think not, except ooo*criptioa may be used to
“support armies” as well •an raise them. In
the proper in liytenancobf an army, elm {i.3, la
bore:agents, employees, etc., are necessary;
cloth, s Lave to be made, shoes, hats, etc , but
it will hardly bo contended that making them
is the woik of the army, or such service fs mil
itary service. All these constitute apart of
•! lie #pport necessary to armies, hut making
cioßies or shoes are net military duty . They
are necessities, and wo say the army is one
.thing and its neces-lilies are another. Armies
be conscripted, but* necessities must be
’U.eight: The power of taxation supports
urine n ► Tho power of conscription ruists
llr-mi. Th** right t<* take a man on crutches,
or au invalid, to make a clerk or guard ot or
out to any sunilar duty a doctor specifies, is a
light., Va think, -neither authorized by the
c- i-stilutlon iu-r justified by the law. .
If the power to support armies embraces the
P'.-y.t to raise provisions for the army, and the
whole country oan he made soldiers of, by tue
pas--age of a law, and one'-patt put into the
] ai a . and the rest to support them—
Iwe.- ;y 1 1;i a power, Uit , xist as to men, it ex
i as tb meacu, for power implies po'uer to
give it eiLe:; and in till- view the Government
t s :-'c right to the land, to use iiio agncniltu
*■ ■ ''Wd of the country, and mm the owners
i al l. to he governed by the rules and
hls -to he j,^ascribed by toe Secretary of
rcgu'almm. •* ;j'st unaware that some even
V» Vfe e.-. bat deny it. %
eiami tlua rigni. •<)*,,•]ugroj-soyOr the proper
lt ia claimed oy v hi- JLuacoin ex-'rcises
iy < f tßeir captives. ■ ■ armies rest.—
ii i:i imritoi v upon which p fo (, e ctthese iu
l’ui a gov.ermneut formed t-
t•.•rests iMinot absorb them, x n.oet g ihx
i.i the hiii-orv of rixilmuion is wn "-i z :»j si ti ori
-codeai, and we trust for the sake ol c vtj
ii will remain without a parallel. Hi*. - Bru > .
men whose arms aie protecting the
men; , with a gallauiry that challenges the ho,
of the "world, have a right to their own against
ft.,-. .o a ; m of any power in the constitution oi
the (I .reiiuneat to dest-oy it. The power to
Ue; ui ifiua.i to raise corn embraces the propo
riiiou that r.he Govetument can take the land
, ti.l stock tj raise it -it accessary. This prop,-
ositioa is not only embraced but in part exe
enh'd. The. Government claims (he right to
nnprt'eß the mules and horses for tho army
to mice negro,':' aud enroll the owner. We
vay, if the power to support armies by cou
aeription exists, it exists more prope/lyby im
p e ! '-meut,mud this absorption ot man and
b-.-a-d Into military seiyice, raises the very
v , o’ ;.. : , the Government should exercise
lim p -uvi.oi working them upon the land, and
thus do by t> jleiir*' oi constitutional-power,
what conquerors do to their captives.
It the law of necessityjustify these acts, then
woman may be conscript and and put under
iruard and compelled tG labor, makiog clotlios
or nursing m hospitals- It may be answered
that the Government would not do this, and.
rimt it is carrying the argument to an absurd
length. We admit it; our object is to show
the absurdity of this claim of power—-for ad
mit tho promise and the. sequence is inevita
ble. Sbjvis are as necessary to an army .as
- hoes, ahi.it. is just as much a military service
to make tqe ouegs the oilier. lj>e ot
Bha ’ooqttt/y are under uo more exemption
Iroai.iaUitaey" servlcd than Inlralii?
by unfit Cftf ser
vice. of sex wilt be no barrier
when necessity appears. Male negroes are now
irapros^4 t dp.iy in thb army pis there by
more protection for female negroes than ipifesV
The distinction of property being; abrogated,
vhe distinction ot sex is ha protocliofu
, Within the constitution there ie shelter, and_
; -womeu and children, old men and invalids,
may repose in security beneath it.
i The power of taxation aud making money
wi'h good faith in paying deits, Will 'supply
j the necessities of the army—and here, we pay
l -a pvssiug tribute to the genius and swtesmaa
-1 ship of General Wuu Walker, of Nicaran*:*:,
Lx.a«« he blotted out the arbitrary syßh.*m pf
AUGUSTA, GA., WEDNESDAY MORNING, MARCH 1, 1805.
“coercing a man end trying him with a mus
ket to make, a soldier c-f'hicu,” and d-uie away
with impressment, and thereby obtained plen
ty of fruits and provisions for his soldiers.
In “1 Lc War in Nicarauga. 7 ’ page 99 —in
“Gmjsr’s History of the Swedes,” we find am
ple illustrations ot protection to the interests
of the country, and obedience to law rather
than necessity.
Io 1810 Napoleon said, *“I desire that the
State shall be governed by law.” Great minds
in great crises have concurred in the nocesHty
cf protecting t’ue interest of the people; max
ims of wisdom arc written on the highways of
history against itcis of arbitrary power.* Tbe
act under review is arbitrary in its character.
The opinion of a doctor fixes a man under
military service, as a clerk, guard, laborer or
any eimilnr duty, and there is no door of com
plaint open. Tho greatest monarch that ever
graced a throne inveighed against administer
ing the atiairs of State without opportunity of
complaint. 11 is name tl*i:cs like a sun iii his
tory too bright in it j own glory to fear cavjl
or complaint. 'He invited it and men ec-uld
complain without being assailed. latlvoact
there is no room for complaint. The doctor’s,
fiat is conclusive. *
Again, why should not a man wV> was a
volunteer and went to the army after he has
been discharged from the arthy, be conscript
ed back to guard a door, or fill sacks as a fa*
borer, or other similar duty that a doctor may
prescribe. It he cannot carry a musket, he
may carry a sock. Is this exercise of the pow
er constitutional ? A uian is first conscripted
into tho army under the power to “raise
armies. 7 ’ After he is wounded in battle he is
discharged ; afterwards he is brousrht back and
put to do duty necessary to support the army.
Vv e ask if the case does nut show that conser'ptioh
lor light duty men is au exercise of power to
support armies as well as raise them, and to
make this constitutional, the raising and sup
porting armies must be one and the same
thing ? if they are, the framers of tiie consti -
lulion were guilty ot folly, for supporting
armies is specially limited iu the constitution
by biennial appropriations are to be made f _>r
the purpose. Hay (Jongresa tho light to np
proptiate tho services of men I Is ■ this the
mode of appropriation ? Is tax to be’gathered
in the shape of cripples and invalids to sup
port the armies ? If so, t hen toe law or serv
ice ought to be limited ior (wo years. Declor-.
mg them in service for the war exceeds a bien
nial appropriation. But it ia said the effect of
this decision will he to turn twenty thousand
men out of tho army, \f hose places must be
filled with able bodied men. This is Ho argu
ment, yet vve do not admit the truth, of the
proposition. Wo do not think that cocse
quei.ccs aie principles; besides there is tco
much black on toe ease! that draws this pic
ture. jf there ere twenty thousand m< 4 unfit,
so» duty s.*• soldiers, we bclipve hovae their
proper place. They can be useful to the coun
try; social disorder will disappear at their re
tain, and hot vests wave over fields now deso
lated.
To illustrate (bis view ot tbe cage,' we will
take a man who hag a! home negroes idle and
insubordinate, not only injuring their own but
neighboring farms, by .depredations and bad
examples. We find him lying at Government
expense for four months around the camp per
forming no tjuty and going on crutches.. We
will’carry this man uqqis and pqqtrol fcjs ne
g'oes and make c crop, and as a mere question
of policy, we arc sotigti'.-d that home is tho most
proper place for ail such men. But we will go
on ;yitb that liio power to “sup
port armies-• car.nct be exprpir-ed by cooscrip
tion, but by purchasing or Impressing supplies
or by employing labor. The Government is
leslrietcd t j supporting armies. If men arc lit
for soldi us, they can be put in the a: my; if
they are m lit, they cannot to bo put support it.
ft i*. aii. g;,-.! that many men in the array are
compelled to do qViibi’ to .a 1..1U my i-.o vhp. —
Tho rule -is that in the lines of t}jo army a sol
dier may be temporarily assigned to acts that
are outside of the army menial -to build bridges
tin th- army on the march, to cross rivers, or
to do police duty, kr the health of the camp.
This duty, however, on only be t.-.uiporarjr,
except asjigryshmcht. A General lias not the
right to assign to menial duty egchi-lyely any
po.tion ot his troops, For instance, if a black-
volunteers juto the army, ic cannot be
ordered to shoe horses.' 1 4 becoming ?;soldier
he i.; entitled to a soldiei's privilege. If a pboe
enakcr, ha is nc(f|Uble to be assigned, against
his consent, torn.iiiii)jj shots. If the power
exists as to the humblest private in the mnka,
it extends to the officer, and a colonel elected
from 'the trader referred to, is just as much
oblige, to obey orders as the piivate.
Under what rule and article of wav could be
be punished for. disobeying coders to lsy
down bis sword anil go to labor? We say tqat
he is not liable to be forced to do other than
military service, embracing the duties of a
‘soldier. Shoeing horses or making siiocs is
not aso&ier’s duly; auJ if these 'serfices are.
not military in the army, by wh it logic can
they be made so out of tfio 'airfly. If they me
cot military tor able bodied men, how can
they be regarded *so for invalids. Necessity
must have a transforming power wb are uua
ble to analyze, ior mechanical duties cannot
become military unde? rdies prescribed by the
Secretary ot Wuiv .
Our brother Hall, who addrasso-d the Court
IPr request, ami Vho:*e n'gumt-ut we listened
to. wiih pleasure, insisted that tho power to
raisoaTmies w s unlimited and the Govern
ment could assign ay many departments of the
army as it deemed neevs-ary. We assent- to
the proposition, but the logisimate conclusion
wa deduce does not susta’a the scheme of
■‘light duty” Boldieri), ’for the department or
ganized, lor the. army under lira power of
“raising armies” must bd military, and the
men conscribed to fill (ham, if military, must
besoldieis, Qaartermasters, Commissary and
Ordnance Departments arc governed by mil
ftary moo, for rf’spoiisibility in these'positions
their assignment-, but while the chief
is a s'Mdier, the labor is done by Government
employed,
It jssaid, however, that a nnn not tit for
military service ?»jr for the atmy, may be p rit
to making saddles, bridles, harness, knap?aces,
etc , and that these duties are dearly military.
If it is a military doty to make a saddle, we
cannot see it. A , saddler in England, who
made saddles on which our cavalry ride, is just
as mack in military service as the. man who
made them ia Georgia. If oc upation distin
guishes the service, change of location cannot
make the differwuca. It may he answered
that England being at jjpaoo, and ih’JJ country
at war, constitutes the difference. We rep.y,
that the power to raise aud support armies ia
this country, is just .as unlimited in times of
peace as ia war, and a nation's necessities cannot
change the character of the occupation. Bnt
we desire to meet the argument ‘ally. nf t_ we
believe, in uhe law and under the constitution,
making cannon, powder and cartridges is not
in themselves military service,.. -Ijykjng a
cannon is no more military than' lnSKtag n
canteen. In times of peace, (and it vi;l_ a?
borne in mind that the powef to •‘raise armies
same in peace and war.) they are made
bv mechanics, paying them wages, not a,? sol
diers but employees. Indeed, soUitaf?.
’nothing io do with it, even ih Got'vWffißhf;
shops. Cartridges are made"*noW by wocafik
and children, dearly not liable to'anv' niiliWry
duty. ' • p’ ‘ ;
If making cartridges is a “mijjfafy ’ wrvice
then women auiTch.ddrsa iii’
.ice. The navy is oigaaiaed, 'tinker’."uffi
same grant of power as the ajiny. a'nd if mak
ing cannon is a military service,! fekfii
is naval or making ro;>es or skilsl
ices neither for a soldier canhdt make 'a cvii
non nor can a sailor b-niid a Fhlpv- There could
be no army without cannon nor. - eouUi. lbeijo
be a navy without a ship; but an army does
not make the one nor a navy tho other. —
They are made by artisans or mechanics, anil
ar&uecd by soldiers and sailors. The man for
illustrajm h who makes a gun is a mechanic,
the man to «s it is a soldier; the one labors, the
otaer fights the one is a trade, the other a pro
fession “the cure remains without promotion or
commission, tbe other seeks and enjoys both;
the one'is a science of aims, the other a sci
ence of'art?; tat'one carries the sword, the
cither wields a hammer. It wc regard them in
military service, tl >ere ought to be promotion
in this new science of war: for the rules and
articles of war makfi no mechanical militarism.
Because a thing is ne ceesary to the army does
not constitute it a pai tot the army, and the
power to raise armies amb not cause tho right
of taking the cou dry into the army. The idea
of raising leaves some balance out of which it
is to be done. If the who le was meant then
the grant to support armies wou’d have been
a nullity. The power of raising a thing out
of the country cut not mean a deed or gift to
ihe country. A power of attorney to raise
money by mort r , ge ou land, cannot be con
strued into a gilt of tbe land; and therefore we
say the power to “raise armies” is limited
first by ils application to men capable for
militaty service, anu secondly by * biennial ap
propriations from the resources of the country
for tre-ir support.
We think therefore, that we have demonstra
ted that the people ate She source of ali power.
That the power they h ive granted iu the Con
stitution is the right of raising armies. ‘That
an army mrans a body of men armed for war.
That the service men owe to the Government
under conscription is military service*. That
the power to raise and the power to support
armies, are distinct and separate grants of
power. That conscription applies to raising,
and taxation to the means oi'supporting them.*
That military .necessities are not military ser
vices. That the use may be military while the
thing used is not. That the liberty of the citi
zen cannot he taken away from him except for
the absolute defence of the country; and under
the protection the government owes to the per
son and property of the citizen, it cannot ren
der both subservient to its will. With these
propositions established applicable to times of
both war and peace, we will desist from fur
ther elaboration of the subject with the re
mark that it may be said that the views wo
present are against tho policy of conscription.
We intend oniy to limit tho iawflo a constitu
tional exercise, although we believe the policy
to be in conflict with the best interests of the
nation. Its abandonment would* be worth
more to restore the aifection and and patriotism
of the people than a victory. In turning con
scription to the slaves, it should be repealed
as to their masters, for it has been a wound lo
the. pride and patriotism of the people, that
lias proved both to them and the army a mu
lling sore.
We therefore adjudge for the rcaaojis stated,
that the inoyant be discharged from custody.
* _ Q. A. Lochrane,
Judge ‘mp-’r Court Ga.
EAb't’ Tf*y*fi*sißM,
A correspondent of the Richmond Whig gives
ihe annexed news from East Tennessee;
There is great activity among the enemy’s
forces at, Knoxville. 'lt is rumored that Salis
bury, N. C., is the object of the next move
ment. officers have made their escape
from that prison recently, and have furnished
the authorities at Kmoxvide with maps of for
tifications, routes, &o.—everything requisite to
thak« an iayad:rig,parry successful. ‘
New horses have been furnished Gillem's
command, and they are ready for another,ex
tensive raid.
Stoueman has*reluraed from Nashville,
There will be 40 demonstrations on South
western Virginia until towards- spring, when
ihe troops from Iteufucky will be transferred
to this department. An infantry force and a
small quantity of cavalry, as scouts, make a
demonstration’ on-this front, as a diversion in
favor of the raiding parly that shall move into
North Carolina.
There is nothing-being done towards repair
ing the railroad east of Strawberry Plains,
This is a sure indication that no sei lou?, advaqee,
.for the purpose qf.oppnpotion,,1a anl-i'cipaled by
the enemy at present. They seem to be coa
ceutiaticg considerable quantifies of supplies
at Knoxville, gatfiprifig them along the rivers
east of Bristol. AU foraging parties of the en
emy an I detachments ol troops throughout the
country have been drawn into the vicinity of
Knoxville and the Plains,..
Tho country between Watauga line to Straw
berry Plains is tilled with robbers. Deserters
and outlaws rob all. Yankees and rebels act
alike. Our cavalry docs ;ore harm than
good, aud we would have more frieuds if they
.were entirely withdrawn. The country would
be decidedly more prosperous. Not less than
1,500 men roant at large over tho territory be
tween JonesviUe, Virginia, and Ashville,
North Carolina, under tlie disguise of scout3,
bushwhackers, &c.
Weeks must elapse. before communication
by rail is opened between Wytheville and
Jonesboro. .The road is being repaired slowly.
Gen. Vaughn !r s so arranged his men as to
prevent a surprise,
DiSTiLLSEtrs Daoui'.x In. —Within two or
three weeks, Captain Eao3 A. Tate, in' comp a
ny with a few of the Reserve Mdilia has taken
a p and .delivered to the proner authorities in
this town, some several* sfiils.
U nfoutwxate AsFAirt.— Oi Thursday room
ing Mr Jeptha Bullard was killed.ut Fisfidam,
near this place, by James Gunter, under the
following circumstances, as narrated by one
who was on the spot a few moments after B al
lard was killed.
It seems that on the evening previous, the
parties h-d made a trade, Gunter swapping
Bullard a cow for ahorse, and the cow not
proving to be &3 valuable as she was represent
ed to be, Bollard was not willing’ to latily
the bargain—hence the .difficulty. The next
morning, Ballard rodd over to Gunter’s house,
pud, approaching tho door, someone inside
iuqrtirtfj, “Who is-I,Hat ?” Builrrd replied,
“Me,” with an oath, at the same time Pis
mounting Iroin his horse. Gunter got his gun,
came to the door, and lired, killing him in
stantly. BuUard, on seeing Gaater v/iifi his
gun, started to run, and received tho.whole
charge in his back. * Gunter immediately
fledi — Elbe,ion StarofSjulh , Xeb. 13.
Sensible. —The Raleigh Progress gives some
very excellent advi.e to war men—bomb
proofs as well as others. Here it is :
“What have you peace men to say now ?’’
was pompously propounded to us by a half
do lieu bomb proofs after the peace commission
er dispatches had been posted. We make thiJ
answer to all: We want all men, old and
yonng, who are in favor of an indefinite pro
traction of the war under any circumstances,
to go at once to the trenches. We are for an
immediate peace by negotiation, and -we are
satisfied that if the whole matter could be
transferred from the hands of the rulers to
those of the people, we should have it-.g
We espeet to hea? a good deal now about
Thy**',-” and as it is the duty of every
th in who advocates Vfich a policy to make good
iris professions -bjr tyforks, wn hope a recruit
: jffg office will be opened in this city at once.
A number-of gentlemen beyoni (he require
- taents of-the Conscript act will want to go
ftird ; atfCh a*rend-svft4a will hexui accommoda-
Yidtt to ‘tltbffi.; ‘HoffUfcies 1 h;m;- commenced
again rrrbnnd Metebpr-s •«ad :I Wtert»au : it ! ad
’ Vanohig, uad rush; ffloS TOif,' iff* bad
ly noctfeA: It *trm * be’ k f poor argument for
(■hoSH wltbiire in'fhyhr of “fighting iff
say fiat their services are worth more ac Hoads;
n e :wrl!‘ Itrrtißinj 1 trrtißinj Bubrr. .
. - r
"‘Gen. Sanborn, commaniing the 1 district of
Southwest Missouri, banished forty-eight fam
ilies and hundred other men and women,
to a distance of fifty miles outside of his dis
trict, for feeding and bushwhackers.
FROM MJSBISS(PPI.
A correspondent of the Montgomery Appeal
giv.es a full account of the flip made by the
last Yankee raid in north Mississippi.” He
says a Federal cavalry force of fifteen hundred
men, a few days before Christmis, left Mem
phis by the Raleigh road, but soon turning to
the right, and, keeping Wolf river on the left,
advanced through Lafayette, Lamer, Salem,
Ripley, and so on to Baldwin and down to
Egypt, on the Mobile am] Ohio railroad, ami
thence back across the state again to Winona
and Grenada—surprising every place, public
and private on the route—capturing an im
mense wagea tmin at Verona and. of course,
doing immense damage whereever they went.
It is understood, indeed, that Gen. Ghbl?on
gallantjy repulse 1 them from*Egypt, with a
mere handful of hastily collected troops, him
self losing an arm in the fight; hut, ‘in addi
tion to the damage done on the Mobile and
Ohio line, if, is authorityu ely stated that they
burned a part cf Grenada and. destroyed two
locomotives and two trams of ears, compris
ing all the available rolling stock of the Mis
sbsipni Central.
The Federal General IJu!hurt’s * cotton
trade regulations ou Hie Mississ : ppi. orders
the confiscation of all cotton brought into ihe
department Irony OonJederat) lines without
his permission. He issues all bring
cotton into ills lines from Vicksburg down to
New Orleans. All cotton brought in under his
permit has to pay a duty of six cents per
pound, and if has to be sold to • the United
States Government, two thirds paid iu money
and one third in goods, a permission to carry
which through the federal lines ft granted to
those who sell the cotton, ' .
Gen. Hodge has established hisheadquarters
at WoodviUe. The “corporeal punlmmeat”
order of Colonel Scott lias b j en revoked, and
instead Hodge levhs a tax of sixty dolin'os per
bale on all cotton taken to the bank of th >
Mississippi river. After paying this tax, it
has to run the risk of encountering guerrilla
bands, each of which will levy an additional
tax if the leader happens to-be in good humor,
or if he should perchance be bilious, the cotton
is burned.
The Beacon, published at- M-vcon, where
Gov. Clark’s headquarters are just now, and
Where the Legislature of Mississippi is soon to
assemble ia extra session, says that one of the
objects iu calling tire Legislature togelfier is
to provide .for holding a State ..Convention.
Maj. Gen. Forrest has divided his depart
ment into two sub districts All or West Ten
nessee, and the counties of Noxubee, Win
ston, Holmes and Wa-Lingtop,, m Mississippi,
•onatituto a district palled the distiiet of Wist
Tennessee and port'd Mississippi, to the com
miiKil of which Brig Gen. Marcus J. Wright
is assigned. Alt that portion of Mississippi
not 'Deluded in the foregoing and West Lou
isiana, consul,ute a district known as the dis
trict of goqt h Mississippi and East Louisiana,
•and Brig. Gen.. Wirt- Adams is assigned .0
the command. Department head quart era at
Macon, Miss. »
gunboat Rattler, which for some
time has. been patrolling the Mississippi liver,
at-Grand Gulf a few nights' since during a*
storm collided with another craft. She sprung
a leak and was. run on a, bar to prevent” sink-,-
iug. The crew went in quest of material to
repair Usßpagtw. Lieut. Yau Dalson, with
four men, had been cfosely watching the move
ments of the enemy, and as soon ay they got
off, he boarded tbe Raltier,.and after supply
ing themselves witch much of tire rich-plunder
on board, such as coffee, boots, blankets, sugar,
etc., etc., applied the torch to the b.oit, arid
soon she was .wrapped ia 'flames and sunk,
with her nine gnus, to the buttoin. Just j»s '
the feat was performed, anouu r gunboat hove
in sight, and commenced shelling furioulv, but
the Confederates very wisely left the'place.
The Yankee ram Indiaoola whkh was sunk
at the seige of Vicksharg been rasic-L, Iter
machinery, guns and upper woiks were all
gone, the more valuable portions having been
takes away by ihe Uuiojf authorities imnn-di
atejy afser the fair of Vick iburg, and the bal
ance washed away fey tho current. The
hull, cu being set- afloat, was found to be
very strong and in excellent condition, scarce
ly the- least injury having been suda.nfed
either in the fightr or by tire long immersiorrit
had undergone ; the hull waa towed to Vicks
burg, from .who noth it will be taken to either
tho Cincinnati or bt>, Louis Navy Yard, to be
built up anew. „
lift; airs have been made in the Miiisisaippi
and Central road, so that cars new run throiigh
from Jackson to Grenada, Oxford and Senalo
bia.
Col. J. J. Thornton, ofTDartoon, is ruftniiott
ed a3 a candidate for Governor of Mu-i; io
pi.
The reported passage of a bill to seize all
the rot to a and tobacco, coupled wiih tlie lib
erality of the Yankees ia granting permits, has
given anew impulse to blockade running in
North Mississippi.
Capt. Aberhethy, enrolling officer of Panola
county, was shat by a deserter a few days ago.
The wound may prove fatal.
Massachusetts has opened recruiting offices
at both Vicksburg and Natchez.
Twelve hundred head of hogs have been sent
to Cuba station to be slaughtered for the Gov
ernment. .
Col Jesse Forrest is at Salem. Mks., gath
ering up stragglers »nd deserters, an 2 ha? no
tided tife latter that unless they come i;i iqul
report within ten days, that they need txpecfc
no raerev. ,
Gen. Forrest has made his headquarters at
Jackson for the provent.
Mr. 'Warren Adams, government courier,
made the trip a few days since, between llou3'
ton, Texas, and Brandon, Mississippi, iu eleven
days, the quickest fa ip' .the Mobile lloiii »t.er
believes yet made since the blockade of the
Mississippi. .
A change has recently been ma le in Federal
commanders at Natchez. Uea. Hear man has
been relieved and sc id over to-Vkliiia, white
General Davidson assumes command of Nnj~
chiz. This man Drayman bus ruled with a
most tyrannical rod, and his removal is looked
uoou as a Messing by the people -of Natchez.
Gen. Davidson is spoken of in high terms by
parties recently out Ire nr Natchez
There are thousands of sold'erS still at Co
s A strong (gTeclive force is ’ef above
the place, and v y -ju remaim there.
Forrest now has a splendid command in Mis
sissippi and will do good service.
The enemy are tightening their lines on the
north border of the Mississippi.
Large numb.-i-sos trofcpsh-ave been ••s-v: from
(he enemy's in this cectioa 11 Giant and
Sherman.
A heavy contraband trade exists all along
Northern Mississippi. It is sanctioned and
connived at by Lincoln.
The wagon teams and stock of this depart
ment are in the beet order.
The enemy for the past few weeks have been
very quiet. *
Corinth was occupied by the Federals cn
Jan.2s.
Col. P. B. Starke, of Mississippi b’ a ? been
appointed a Brigadier General, upon the im
plication of Gens. Hood and Hardee for impor
tant cervices arujmd AdJanii. > ,
It was reported recently. ia Jackson, Miss.,
that a FfdeisM at 2000 strong,
had aiva.qgedjEPja Natchez some twenty mill s
towards Brqokhavep. where they, were met by
the Confederate fotets, add that a fight had t.v'
keupfhce- . '' '
The Amite Wander leaias thut the Ynhj
kees of
■'A'fire dfccnrred in.ShuqaVak, Miss., Jan. 22,
which destroyed ah entire'block of firm build
ings. 'Cause--carelessness on the part of a negro
woman.
The officers %pd men of Gen. Lorjpgs divi
sion returning from furlough, ary ordered Vo
; LXXI y.""KEW SERIES VOL. XXIV NO. 9
* FRG3I MEXICO. ' '
A project is on foot iu Mexico, for a railroad
from Matamoras to the city of Monterey, ’i he
distance is eighty miles, and the estimated cost
of the road, wi ji the necessary machinery,
&c., is $3,100,000. The'Monterey Era says that
the Emperor is protecting and inducing'a spir
it of enterprise to all ptojecls of internal im
provement.
Tire Imperial force* have gained signal vic
t ones, in all the different Departments,, wee re
there still remained tho opposition forces ol
Ex President Juai.cz.
During the moid li of October the mint at
Mexico coined SIOB,OOO-trad the mint of Gua
dalajara during the same month coined sl°3-
000.
The Monitor of the frontier‘says that Gener
al Rafael Olvera, second in command of the
division ot Mejira, was to leave Matamoras, at
the head of his column, on the 28fh v It, for
ihe city and that he would l ike charge of the
military operations of this Department. General
Lopez will take command at Piedra Negras,
and co operate with Gen. Gortinas.
A French paper of Mexico reports the Re
publican army under Pm fin c Draz to number
S,OOO m n with sixty-live pieces ofaAillory.
>]o is said to be now supported by a large por
tion 0 the .church party, who have advanced
the cause of the Empire where Maximilian has,
ratified ! .he pa est sales ot church property, and
introduced religious toleration.
A Consul o * the Mexican Emperor has been
appointed a-t Havana, who made a demand
upon the Consul General of Ihe Mexican Re
public (or the archiver, but, of cotire, met
with a pointed refusal.
Maximilian has written a letter re-affirming
ms views as to the church question, and an
nouncing that though there is to be a full and
free toleration of reljgous opinions,- yet the
S f ato religion of Mexico wiil be that .of tho
Roman Catholic church.
Over one thousand soldiers and seventy mu
sicians had lauded at Vera C;uz, being the
firsi; detachment of Austrian forces intended
for Mexico.
Count, ihun had arrived duly accredited En
voy Extraordinary and Minister Plenipotentia
ry .from Austria.
_lt was stated in Mexico that the Impe
rial Government -v/oulo -be recognized by
the United States in. March - next, and this re
port finds credence in diplomatic circles at the
capital. '
The present whereabouts of Jamvz is uncer
tain, but he is supposed to be with General
Patixii at Almas, a town of Sonora. More of
his chiefs have, according to the government
journals, given their adhesion to the imperial
parly.
GEOHCI.I I.EtfIHbATS RK.
The General Assembly of this Bi da met in
Macon Thursday morning at 10 o’clock.
The Senate was called to order by the Se
cretary of the Senate, Cffpt Lewis.Kenan, the
President, General A. 11, Wright, ‘ not being
present.
Col. T. L. Gu-rry then being called to pre
side, tha body adjourned until 3 o’clock this
afternoon, no quorum being present.
The House was called to order, at 10 o’clock
by the Speaker, Coi. Thos Hardeman, but gji
a, call ol the roll no quorum was found present
and it adjourned until 2of clock this after
noon.
Both bodies met at 3 o’clock, No quorum
being pe.sent they adjourned until Friday
morning.
SENATE —FEB. 17.
The Senate met at 4 o’clock, and there not
being a quorum adjourned.
HOUSE—FEB'. 17.
A resolution to adjourn to Millidgeville was
laid over.
The Speaker ruled that the present, wan
a separate and distinct-session,* and that all
business must begin de novo • Decision ap
pealed from and sustained.
The annexed resolutions were introduced;
ordering the printing cf two hundred copies of
the rules ; instructing the Judiciary Coeimit
tee.of-boili Houses to report a bill .abolishing
the Penitentiary system in this State ; request
iug the President to place Joseph E. Johnston
ia some coiqmand in the field ; providing for
the assembling of the people of Georgia in con
vention ; expressiVe of the unalterable determ
ination of Georgia to prosecute the present war.
The annexed bills were introduced a bill
to relieve the county of Bartow from State
taxes, for the year 1804 ; to allow Alien M.
Walker, a minor, to receive and redpi lor his
estate; to authorize the ordinary of Macon
Comity, to take a probate of the will of Eliza
beth QMfcppell; to alter and amend the Char
ter of he Central Rail Road & Banking Com
pany ; to punish with death persons guilty of the
crime ol horse stealing; to provide for the
pay meat of non-commissioned officers of the
Militia; to allow the people of Georgia the op
portunity ol deciding whether they wish a
Convention of the bfcaie ; to repeal al! acts’re
quiring Judges of the Superior .Court to charge
grand juries, specially in certain particulars—
the hilt leaves the matter discretionary with
sudh Judges; to allow parol testimony on con
tracts, bonds, &c., executed since -tho com
mencement of the war; relative to juries.
SENATE-—FEB. 13.
Hon. T. L. Guelry was elected President
pro tern.
Hon. C. C. Clay, of Alabama, Hon. B. 11.
Hilt, and (Jen. Howell Cobb, of Georgia, were
invited to seats on the floor of the Senate.
The Senate decided this to baa new session
and nos a continuance of the last.
AFTERNOON SESSION.
Different part§ of the Governor's message
wire referred to appropriate committees.
Two hundred copies ot the wore or
dered printed.
Piivilegi aof the floor of the Senate were ex
tended to the press.
The following bills were introduced: a, bill
to alter the "divorce laws of the State—it al
lows of divorces in-certain cases where cither
party has gone over to the enemy ; to aiiow
bar keepers to employ their slaves fur the re
tailing of liquors; for the relief of Benjamin
Tharpe; to extend the time for the settlement
of Tax Collectors to the first of April next.
house —fee. 18.
The messenger was instructed to furnish
seats outside of bar for ladies.
The following resolutions were introduced:
a resolution requesting the Governor to urge
upon the Secretary of the Treasury of the
Confederate States the payment of all certified
accounts'; relative to the payment of the
mi'ilia: in relation to Tax Receivers and Col
lectors ; rcccommending tno Secretary of
Yfar to restore Gen. Johns ton to the com
mon! cl the Army of Tennessee; requesting
the Postmaster General to require the mail
contractor to fufll his contract to carry the
mail from Marie via to O ■ iartowh; authorizing
the Governor to put in running order the
Western and Atlaiilffc Railroad from Atlanta
to Kingston; authorising tl>B State Treasurer
to rent an office in Macon; requesting the Gov
ernor to furlough Lieut Col. Beals Battalion of
cavalry.
• The annexed bUs were introduced: a bill to
amend the lavs in relation to writs of cerliorai
In cei.tain easel : for the relief of J. D. Frier
efN.il, tn '-tee of Ci nil ouuuty : to pay back to
tli*- citizens of- tfci- htate the taxes paid by
,ti:cin ior the year 1864 upon the slaves who
are now in the enemy's hauls ; to exempt cer
tain property from taxation •; to suspend the
-operations of an act In relation to the charter
of Guthbart, in Randolph county ; for the re
•' lief of James Daniel, tax receiver of Cherokee
county ; to increase the efficiency of the Geor
gia Militia, and to turn over to Conlederato
service those who fail to do duty in the same ,
to make an appropriation of six millions o
dollars in addition to the amount already ap
propriated lor the support of soldiers and their
families ; for the. relief of person's who,;e prop
erty iias been damaged or destroyed h v the
<nemy ; to alter and change tile coi'jr.tto.
lumts of the town of Ferry in Houston cour.'v;
to repeal the act preventing the consumption
°;. S ra ’ J i by distilleries ;to repeal section
« i the Code ; to authorise executors, ad mi ids
tracers, guardiarts and trustees, to sell Con feu
crate bonds under certain circumstances : for
the relief of Samuel Shell, of Putmau-oounty.
AFTERNOON SESSION.
Mr. Stephens of Hancock, offered the follow
ing which was adopted Resolved, That his
Excellency is requested to tarnish this Home,
at the earliest convenient time, a copy es *h« •'
correspondence between himself and. the Sec
retary of War on the subject ot tie demand
which was made last August for the militia of »
the States by the President of the Confederate
States.
The resolution in relation to abolishing
the Penitentiary system, was taken up. and
agreed to.
The resolution expressive of the continued
determination of Georgia to prosecute the war
wars referred to the Committee on the state of
the Republic.
The resolution-relating to the 1 assigning of
Gen. Johnston to duty in the held, was refer
red to the Military Committee.
Mr. Dumas’ resolutions relating to fHo’ cal
ling of a convention, of tho devising of means
Jo unite the McClellan party of the North, was
taken up.
Mr. Dumas, spoko in support of tho res elu
tion. He drew a picture of our trouble, and
thought our safety lay in unity with the Mc-
Clellan party of the North for the overthrow
of Lincoln.
He was replied to by Mr. Long of Troup,
and Mr. Wright, of Coweta.
Mr. Warren, of Lee, moved the previous
question which was seconded, and on putting
the question the .'yeas were 2, nays, 90.
Tho resolution of Mr. Adams to ad
journ to Milledgeville was taken up and lost.
The resolution requesting the Governor to
furlough for thirty days the battalion ot caval
ry, under the command of Col. Beall, of Car
roll was referred.
The Treasurer of the State was authorized to
rent an office in, Macon.
SENATE iTEfI--2#.
Mr. Pottle introduced the following:
A resolution in' inference to t ie calling of a
Convention of the people of the State of Geor
gia. •
Whereas. His excellency tho Governor, has,
in his late message to the General Assembly,
recommended a call of a convention of the
people of the State, lor certain purposes there- •
in mentioned, and whereas the General As
sembly, in view of the consequences which
might g**ow out of such a call, to wit: The
distraction of the public mind, from the great
business of prosecuting the war with vigor,
boes not concur with IPs Excellency in said
recommendation, i hereforebe it.
Resolved by die General Assembly of the
State ol Georgia, That we see no Rood reason
for the assembling of a State Convention, and
as the same might be productive of harm and $
damage to the great came which should unito
our people—this General Assembly respectful-
Tv declines to recommend the assembling of •
said Convertlien.
Resolved, That this General Assembly are
confirmed in the foregoing opinion by reason
of the late action of President Lincoln
inandiug terms which the people of this State
universally condemn.
A motion to refer the same was lost. The
resolution being placed on its passage was
adopted—yeas 20, nays 8.
The annexed bills were introduced: A bill
authorizing the public records of the State to
be removed to Macon, and officers for the use
ofthe heads of departments of the State, ami
.a mansion for his Excellency to he leuted in
Macon; to allow officers from Georgia, in the
array, to purchase clothing from the Quarter
master General of the Sta'te.for their own use,
at the same price Ss that charged by the State
for similar articles of clothing;'fixing the per
diem pay of members of the next General As
- bill fjxes the pay at $2 in specie,
or its equivalent in currency; to provide for
filling the office of Ordinary, when the incum
bent becomes unfit by reason of mental o£ phys
ical disability, for the discharge of the duties of
the office.
IIOCSE—FEB. 20.
The annexed bills wore introduced : a bill,
to increase the pay of teachers of poor schools
in this State; to appropriate a certain amount
to build the court house and jail*of Butts co.;
to authorize the suspension of specie payments
by the banks of the State until. Jan Ist, 18(16;**
to authorize t!;e Superior and Inferior Courts
of the State to carry'into t fleet the Ist par
graph, tith section, of the 2d.-;irlicle of the Coo
siiiution; to exempt certain civil officers f;o,n
militia duty in the field; to limit the tax up -.
thtj citizen.-.’ of Marietta, Gx; to allow cl rke
of the Superior Courts to officiate in uniting
persons In mai’. v *age; to ixeiupt
from militia servicß in certain cases; to pro
vide for the support a.nd maintenance of cer
tain exiles from the city o* Atlanta; to compel
certain persons who have ts*,'- e “ or received
property either stolen or imprtq? taken
from the owner or other person, to uis<C te fli «*
same and make the samo penal; to present
the tax on banking- companies and all incor
porated companies, and relieve them from
double tax; to require the several county trea
surers of the State to be elected by the peo
ple; declaratory of the common law in refer
ence to the gaming law of the State— : [this bill
has reference particularly to faro tables; if the
checks or counters be seen, cast the onus upen
the defendant, and he must show the checks,
etc., were not purchased by money or anything
of Value;] to,authorize administrators and ex
ecutors to sell Confederate certificates and
bonds for distribution; to legalize the record
ing of deeds and mortgages in counties which
have been overrun by the enemy; to pay
bounties to the two State Line regiments; to
extend the time for the tax collectors of the
State to make their returns; for the relief of
persons who failed to givh in their tax for the
year 1864; in reference to tax payers whose
property has been taken by the public enemy,
exempting from taxation the property of all
resident widows, femme.is sole, minors and sol
diers in the Confederate service, where the
eumo does not exceed $2,000. and for other
purposes; to change the rank of Quartermaster
General of the State of Georgia; to exempt
from taxation slaves and free persons of color
employed by the Confederate States Govern
ment lor field service;, to amend an *ict of ' the
14th December, 1863, au thorn ng the treasu
rer to issue certificates of deposit for- ceitam
Treasury notes: to allow ordinaries to make
out the annual returns of ex
ecutors and guardians, and to charge for the
same; to doled taxes on net ec.
The annexed resolutions were introduced. A
xne aanexeu * , y governor, iu certain
resolution cf c . j inics to put
counties, to detai - (i7 the enemy;
the miils in older o. - J . 0 T members of
relative to sh« per to P > e j a ‘ive to return
£ £giS3l penSsof any tiaaß detaUed
Who do not perform the duty assigned Jo
relative to the running of trams of ']o
West/rn an.l Atlantic railroad on other rall-
J h refer so much of toe Governor s mes
ro*T’ relates to the reorgm zation ol the m!-
to thu Military Committee; relative to
and 'importations authoriz'd
? ~ irg Legislature of this State; to increase the
fnrees of the State line.
1 \ resolution was received from the Senate m
reference to the opinion of thit body adverse
to the bolding of a Convention in' this Suite.-
Oa a motion to refer the same to the appropri
ate Committee, a lengthy discussion ensued,
which was participated in by Messrs. Warren, j
bTLee; Stephens, of Hancock; Matthews, ojj
Oglethorpe; Wright, of Cowetaj Gartjtjll, M