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AUGUSTA., GA.
KOkEfcOAl MOKMMi ASHUL 4.
THE CASE OF SENATOR STOCKTON.
Tha uci -u of the United States Senate in
ui:- x'ih(< tho lion. John i* Stockton, one of
the sitting beuators from New Jersey, affords
a , inki: ; »,,> :;,«•( ~r y t|>»a tbs putiioti-m
and g faith « t tat l ody.
i r . n .vs- elected by the Lrgia
!•: ;• v. .)■ :•y, at its last session, by a
uijj liiy ovt- his highest competitor of three
v i .mi w.o returned, and received the cer
»i!,- -inly Acted Senator from that State.
H • \j ' >- h and to Washington and subscribed
tii «atu of office without ike least question
oi hir right, and took bis seat as Senator from
.« vv .1- The Radicals bad not then made
up iheii minds to eater into a controversy with
tin; I'n idem in ida ion to bis policy of recon
struct.oil ; neither was it known whether
ns'or Stock ion would, in the event of a split
i • tween tlu; Tresidcut and Congress, take po
nton with the conservatives or radicals.—
Events quickly lollowtd which unclosed the
aniug' i n between the radicals and the Ad
imrii-'ration, and the firmer set to work to
secure in ;i a vote in both Houses of Congress
a. would enable them to control and direct
the i datum of ti e couniry independently of
liie President.
.Senator Stockton, true to his ancestry and
to the gallant State which he in part repre
sented. threw the whola weight of his fine
in telle; tuai power and high moral character on
the side oi the President and oi the Constitu-
tion.
i . dig the. 1 ti ey could not use, the radicals
and. h i mined to unseat km, under the pretence
that by the laws ot N,-.w Jersey and the Cou
still,; on of the .State a majority of the whole
vote ol the General Assembly was required to
elect, and that Senator Stockton had been
0-, inaed by a plurality only. No one appeured
to contest his scat, nor was it claimed that any
other pereoii had been elected.
It seems that the General Assembly next
proceeding 1 by which Mr. Stockton was
elected, pa-nod a resolution requiring a ma
jority ol all the votes cast nuces-ary to make
an election, ihe session of the General As
sembly which elected Mr. Stockton repealed
tin r« olution, before going into the election
ot denulor. Upon counting the vote, it ap
p; ared that Stockton received 30 votes, Van
1 ck 27, and scattering -1 votes, and under the
former rulings and practice ol the General
A inbly Mr. St.oktcn was declared duly
elected.
. Ire whole matl-r was referred to tho appro
c ■(< no ittee of the Senate, who, after
tln ioiH.ii and careful investigation reported
unanimously that the pitting members was
entitled to retain i is seat.
Tire vote of the Senaie was taken upon
ilisigaeiug to the report and upon that ques
tion th.-re was a tie. .Senator Merrill who had
pained cir with Mr. Wright, of New Jersey,
violated his laitli and his honor to secure the
end of tho radicals, and voted against the
right of Mr. Stockton to his scat.
Util highly discreditable conduct of Mr.
Mo. rill Hilled the gallant Stockton toqbis feet,
who read to the Senate tho written argument
of Morrill to pair with his collegue, aud do
nottnoing the shameful violation ot his plighted
word iiuipp-opt i.ito terms, announced iris deter
mination to cast his own vote (which he had
previously declined) aird thereby counterbal
ance the vote ol Morrill ; leaving the ballot
as it originally stood, a tie.
The next day the question was again called
up aud under the whip and spur of party spite
and party discipline, the Senator from New
Jersey was unseated, and his place declared
vacant.
The present Legislature of New Jersey is
entirely under the control of the Radical
Cabal at Washington ; and will elect no other
who cannot be made a supple tool of Sumner
and Stevens.
NOW AND THEN.
Out lv.ders will it number that the vener
iilile Bishop WilMi', r, of Alabama, was disrobed
and liis churches closed last summer by order
of the Military Commander of the Department
of Alabama, for refusing to use the prayer of
his church, in behalf of the President of the
United States,
The justification set up by the BLhop was,
that the prayers and other forms used were ar
ranged and established l>y the supreme power
11 the hurcb. as it. thou existed, and that he
had no v lit to make any iutorpo’ations or in
uov c .ii s upon the formula thus prescribed for
the use of the several churches ; that there was
no form of prayer given or required, in the
ritual as it then stood,lor the President of the
United f'tafis, and that without the authority
oi the Church he dared uot make the innova
tion required by the military authorities of the
United Mates.
P.ish <p Wiltner only refused to require of the
cleigy the adoption and use of a prayer not
found in the ritual. lie left the matter in the
•;isi itior if the different chinches in his Dio
c e and their Miuistry. For this refusal to
t mot. •• upm (he churches cl his State a form
otprayev no i und in their ritual, he was
summarily d'<ivbe<i .-ud his churches e'osed.
> . . iiie U. iical Press of the North and
We it cudois.-d the action of the military au
thor it i . '.ud many of them indulged in the
u• > is Jtcvnt and scurrilous abuse of this
v> leva- • and esteemed churchman.
. nc in t ot the B and op was paraded in all their
1 il'c s sa pi oof of the h'xstiiity of the Church
i . lire United Ft tea Government, and was
m vie a pret< x lor ’nfluencing the public
m.no o! tb North against a restoration ot the
fci.il right-.: the people of tho South. We
knew at be time that ti e more intelligent men
if th. N. :(h viewed the matter in a tery dif
ferent light than that which provoked the
order and gave it auction and suppoit
Our atten'i-m has been directed to this mat
ter by read!eg in cue ol our exchanges, the
it cent action cf the Miss uri Legislature upon
till' dct.iV tl point. The radicals there have
b. come - embittered against the President,
t at the Chaplain of the Senate, entering fully
into their feeding of acrim ny, has for some
t p .-i pt-.si-tently refused to \ rav for the
Pixsid.nt. The other'day a member of the
jq.x.te (alt. Dean.) called the attention of that
b. y to the i ct tt.at the Chaplain while daily
pray;, g tor Congress, omitted to pray tor the
i idem, he, therefore, moved a re-olution
n .; the <:n iatmg Chaplains to reunin
to in t: Mr pta> ’ the President of the United
Tb - resolution, strange as it may seem, was
laid upon th table by a vote of more than two
to cue .' Ye-:, ih-e Radical Senate of loyal Mis
souri u-fusci even to give a decent reception to
a resolution, lequcsting that prayer should be j
said for the President as well as Congress, and
are now sitting dally under the ministration ß
of a clergyman who inknlktnlhj and with
“malic-e aforethought'’ contemns the President
and denies to him a'i the benefits which flow
from the Throne of Grace in answer to prayer.
We c.dl attention to this matter to expose to
the world the transparent hypocracy of the
Saints, who in one State imprison and dethrone
a minister aud cicse up his church for re
filing to compel his people to make supplies*
tions for the welfare of our Chief Executive,
while in another Stale, a minister is retained
as Chaplain to one branch of its Gen ra! As
seinbly, and by its formal vote sustained and
encouraged in, if not positively instructed to do
the very self same tfcing. Oh ! Consistency,
thou art a jewel.
A SINGULAR COTTON STORY.
Tfce Secretary oi the Treasury Las a curious
cotton case under consideration. Upon'the
affidavit ot one Charles Ring, 550 bales of coL
ton were seized by the Treasury Agents at
Greensboro, G»., as the pioperty ot the late
Southern Confederacy. This property is now
claimed by one Pouilain, formerly of the rebel
Gen. Walker's stair, as his private property
He alleges that there is no such man as Ring—
that bis name is fictitious. So far. Ring has
not been found; but it is charged that he has
been pul out ot the way by Pouilain,
We clip the above from the Washington
letter of the New York Express, of the 22d inst.
To our readers in the South it is not necessary
to Huy that the charges contained in tho above
scurrilous extract are false and calumnious,
Tue facts in regard to this unprecedented
seizure—as we have obtained them from a re
liable source—are as follows :
borne five or six weeks siuco, V. Fpaiding,
representing himself to be a U. S. Treasury
Agent at Atlanta, Ga., sent an order for the
seizure of the bkull Shoals Cotton Factory in
Greene county, and all tho cotton and all pro
duels of the mill— yarns, cloth, &c—then on
hand, and remove them. This order was said
to be predicated upon the affidavit of one
Charles Ring, who swore that the Skull Shoals
Manufacturing Company had in their posses
sion 575 bales of cotton which had lately be
longed to the Confederate States Government .
The man Ring hat: never been known in Greene
county, nor have the most active efforts to find
him, or any one who ever knew him, been as
yet successful. The opinion is general that
the man Ring is a myth. When this order of
Spalding was submitted to the Treasury Agent
of the State iu this city, accompanied by a
statement of the facts in relation to the owner
ship ot the property, he expressed the opinion
that the title to the cotton seized had never
been in the Confederate States, and the gentle
manly Commander of the Department sent an
order forbidding the said Spalding or his
agents to remove the cotton. A few days
since, tho order for the seizure of tho cotton
was re-issued, aud, ibis time, from the Milita
ry Commander of tho District, The Skull
Shoals Company then procured and submitted
affidavits from the leading men in this city and
in Greeno county, which affidavits establish
the following facts : The Skull Shoals Facto*
ry is the property of the children oi Dr. Poui
lain ol Greensboro, Ga., the Doctor having
given it to them in 18 >2. The cotton on hand
at the Factory consisted of two lots—one of
225 bales, which were raised on tho plantation
of the Doctor in Greene county, 5a 1861, and
about 360 bales purchased in Augusta, Ga., for
the Factory, by our esteemed fellow-townsman,
Antoine Pouilain, one of tho owners, in the
winter of 1864-5, and sent to the Factory more
than four months before the surrender of John
ston. These 360 bales of cotton were never
the property of the Confederate States, but
were a part of a very large lot owned by one
of our most prominent citizens about the time
that Gen. Hill ordered the cotton in this place
thrown iu the streets to be burned. The books
of the Georgia Railroad Company show when
tho shipment was made, and their books also
show that no other lot of cotton was shipped
to tho Factory duriDg the year 1865. Cotton
could be got by no other route than the Geor
gia Railroad or its branches. The Treasury
ageut at Atlanta contends that the 575 bales of
cotton were once the property of the Confeder
ate States. The papers sent to the Department
at Washington (a brief summary of which we
have just given) show that at no lime did the
Confederate Government have or claim own
ship to that cotton or any other cotton ever
worked at the mill.
But what will be said of the seizure of 125
bales of cotton in the seed —unginned -at the
same time, and raised by Mr. Philip Poullain,
of Greene county, in 1862-’G3, and ’64, and in
the Sin House f Was this also a part of the
Government cotton ?
SOUTHERN PACIFIC RAILROAD.
The Louisville papers cuutaiu the proceed
ings of a meeting of the Stockoldors of the old
Southern Pacific Railroad, via Shreveport.
Wui. Garwin, Esq., was chosen Chairman, and
J. D. Osborne, Esq , was appointed Secretary,
t he original charter of this Company was most
liberal. It was granted at Austin, Texas, in
1863, and conferred advantages, which if the
work had been pushed forward in accordance
with the plaus of the corporators, would have
rendered the enterprise eminently successful.
Sixteen sections of the public lands to each
mile of the road—or over 10,000 acres to the
mile, were granted to the road, which it was
expected would come into market as the road
progressed and defray the cost of its construe,
tion. besides affording an immense reserve as a
permanent capital for the Company. Shares
worth SIOO were, therefore, issued on the pay
ment $5 00 each. The work was commenced
aud gave promise of brilliant success, but. mis
management of various kinds, crippled opera
tions and burdened the Company with debt
Soon the work was suspended, and the road
was sold, Mr. Field, of New York, being the
purchaser. It is stated that he immediately
transferred the road back to the Company, and
turned the money over to pay the laborers and
poorer classes to whom the Company was in
debted. Mr. Field was in attendance at the
late meeting, aud announced that the Stock
holders were restored to their proper status on
the bocks of the Company.
The South is not at present in a condition to
make investments in internal improvements,
but her interests would be greatly promoted by
the completion of the Shreveport line. It mat
ters not how many reads are proposed fr om St. j
Louis, or other points, this line would for the j
present best subserve communication with the ;
Pacific, and command a remunerative busi
ness. We trust, therefore, that the Company
will be efficiently reorganised, and that the
work will be resumed.
PUBLIC LANDS.
The following statement shows the amount
of vacant lands in five of the Southern
States : Alabama, 6,722,28 acres; Louisiana.
6.228,102 acres-. Florida, 1,032,796 acres; Mis
sissippi. 4 760,755 acres; Arkansas. 9.29" 016
There are no public lands in the States of
North Carolina. South Carolina, Georgia, Ten
nessee or Kentucky.
THE SONG OF THE ANGELS.
That was a sublime song which was heard I
over the Plains of Judea, on the mcuiorab'e j
night up- n which the Divine Founder of j
Christianity began bis earthly career “Glory I
to God in the highest, on earth peace—good
will to men:'’ sentiments worthy the natal
soDg of the Redeemer of a world, and well
worthy to be proclaimed by heavenly choris
ters.
When the present Emperor of tho French,
upon assuming the robes of office, announced
his policy in the words: “the Empire—it is
peso he stiuck the chord which secured an
instantaneous response of joy from all the
people. It was apprehended that, bearing the
name, he would cherish the ambition to wor
ship at the same shrine which witnessed the
devotions of his illustrious kinsmen and name
sake; aud that an era of blood would again be
speedily inaugurated. Grrut was the jubilee
when the word “peace’’ fell upon the ear of
the nation. It signified to them prcspeious
commerce, domestic tranquility, and progress
in ali that constitutes the real power of a
country. But in all this the French Emperor
copied Him who, as the hirst Napoleon well
said, came to found an Empire on Live.
He who announced the introduction of the
New Empire indulged In no idle phraseology
when he delated it to signify Peace. The
word undoubtedly possessed, iu the first place,
a spiritual import. Man was unhappily alien
ated from his Maker The amicable relations
which had once existed had. been disrupted.
There was no peace to the offending party. At
tho birth, therefore, of oi.e who was to under
take the office ot mediator—who was to restore
the creature to those friendly relations which
had beeu interrupted—to reconcile such fear
ful variance—it was divinely fit that benevo
lent creatures from the celestial world should
proclaim Peach
But the word unquestionably may be taken
in a far wider signification. It means that,
under its benignant sceptre, the effusion of
b'ood shall be stayed ; that the turbulent pas
siona of men- -the fruitful sources of wars with
ali theirjconcomitant horrors-are to be allayed,
purified and restrained ; and that those princi
ples shall govern nations and individuals which
will secure a fulfillment of the divine prophe
cy : “Nation shall no longer lift up the sword
against nation, neither shall they learn war
any more.’’
It cannot be denied that war implies a per
petual violation of every precept of Christiani
ty. General Sherman said repeatedly, during
his campaign iu this State, that “war means
barbarism.” When whole families and com
munities were made desolate by fire, and plun
dered of food and clothing by an unrestrained,
if not an unrestrainable soldiery, our suffering
women and children had a terrible illustration
of barbarism. If Sherman’s definition of war
be just, plainly it is a violation of the spirit of
Christianity. Where has the Pjkinck of Peach
uttered a single word in commendation of a
system v. hich matures and developes the most
malignant tempers of corrupt natures, and
constantly tends to extinguish every benevo
lent emotion of the human bosom? The
prevalence of Christianity just as certainly
leads to the diffusion of peace, as the approach
of the sun towards the Eastern horizon leads
to the dispersion of darkness.
But why, it may be properly and pertinently
asked, have recognised Christian nations not
yet sheathed the sword ? Why have the Amer
ican people, who boast themselves more die~«
tinguished than their contemporaries for Chris
tian progress, furnished to the world such a
dreadful drama of blood as that on which the
curtain has just fallen ? The answer is, that
war cannot certainly be the offspring of that
religion which teaches, as a cardinal principle,
“good will to men.’’ It springs from the per
version of the Pulpit. Witness the spirit
which denounced, and threatened with violence
a distinguished Irish minister (Rev. Mr. Gwin
nes3, in April, 1861, in tho State of New York)
because he taught the people, from the Pulpit,
that no Christian could engage in aggressive
warfare without a flagrant violation ot his
professed principles. When the nations oi the
earth, by the influence of tiue teachers, are
fully pervaded by those sentiments which were
proclaimed by angels, when tho Auger of
Jehovah pointed out the birth-place of His Son,
men will assuredly beat their “swords into
ploughshares and their spears into pruning
hooks.”
If these views be just, it is the duty of every
lover of his species, and every lover of his
country who wishes that such scenes as have
been witnessed in almost every portion of our
fair Southern land, shall never be reproduced;
who desires that there Bhall be no more deso
late fields, nor smouldering ruin-., nor bleeding
hearts, nor mourning families, in any part of
our fair heritage ; that the country shall be
united by the most powerful ligaments and
the happiness of the people most effectually
secured, to co-operate in the di-semination of
principles which must as certainly produce
this result, as returning health dissipates the
a'ady which assails and wastes the body,
and labor with tho spirit of that ancient father
who taught, in essentials unity, in non essen
tials liberality, in all things charity.
EASTER.
Teuton, Hebrew and Christian—each follow
ing the traditions cf their fathers, have set
apart affime, about the vernal equinox, to cele
brate a joyous religious festival.
The Teutonic Pantheist, grateful for the de
liverance of nature from icy thraldom, rejoices
in the resurrection of genial Spring, and inau
gurates her gentle influence with feasting and
merriment.
The Hebrew celebrates the Passover in com
memoration of miraculous exemption on that
terrible night, which witnessed the destruction
* of the firstborn in Egypt, by eating the Pascha 1
Lamb and Unleavened Bread ; narrating Mo
«u c traditions and chanting sublime Psalms.
Christians solemnly but joyously commemor
ate the Resurrection of Him who came not to
destroy but to build up : the essence ot whose
teachings was love aud charity, and ail the
gentler aad ennobling virtues of humanity,
inculcating peace on earth and good will
among men.
In this latitude, should fanatitism continue to
prevail, a day not distant is looked for when a
“Higher Law” shall obtain; that these ob
servances sanctified by age and hallowed in
memory, “shall be amended " That new rites
as.d new observances duly framed and accu
rately measured by three thousand clergymen
will be issued from the “Hub of the Universe,”
aud erj jined by special political sanction.
Will it be to commemorate tho rjectment of
Roger Williams?
The Supreme Court oi Ohio has decided the
highly important case of the C tyof Cleveland
vs, the State Bank of Ohio, for the recovery of
$200,000 of Lake Shore Railroad stock lent by
the city to the Akron branch of the Cleveland
A Pittsburg road. The decision was in favor
of the city.
A CARD.
TO GEORGIA CAPITALISTS.
A portion of the People of Georgia, in Dis
tricts overrun, by boh- armies during the late
war, are suffering for lack of food, and unless
spaedffy relieved mud suffer more, perhaps
starve Their more fortunate and benevolent
neighbors have done much for them, but can
do little more. The evidence of these facts is
full, and startling. Tar Legislature have ap
propr-ated money for their relief, but the
money is not in the Treasury. They have au
thoiizsd tho borrowing of money, upon m-.st
satisfactory security, but it will require time,
to have the Bonds and Mortgages, prepare !
and executed. Aud while this time runs
agaio-t tho sufferers, their ruffe lings will be
terribly intensified. lam ready and anxious
to act, but lack the means In the name of
patriot! m and humanity I appeal to you to
furn'sh them. It will be a good pecuniary in
vestment, and something more, a commendable
chardy. Bring forward the mouey on loan,
lot DO, or 120 days, or six months or five, or
thiriy years, as you prefer, with seven per cent
interest. You w\U do well, and the hungry
will do better.
All Editors friendly to the object, will please
give the abevo a few insertions, and briefly
direct attention to it.
Charles J, Jeniins.
Governor.
The above card explains itself. The poor of
Georgia are suffering for food. Starvation
must ensure unless those who have means come
forward promptly and respond to the noble
appeal of our Chief Magistrate. No time to be
lost. The delay of a day miy consign some
poor soldier’s widow or orphan to the grave.
It is not a gratuity which is Bought. It is a
loan to the State ; aud the time of payment
may bo fixed by the lender from 90 .days to
30 j ears. The security is ample ; the object
one that commends itself to every patriot and
Christian.
We suggest that in the absence of any for
mul action of our people, His Honor the Mayor
appoint a committee ol gentlemen to wait on
our citizens and receive from them such loans
as they feel able to make.
WHAT IS IT?
It is charitable to deem some men mad;
should this gentle plea be overruled, ever so
reluctantly, we must deem them fools or devils.
Mr. Lowry, a member of the Pennsylvania
Legislature must take his place somewhere iu
the debatable province between insanity aud
diabolism. The subjoined extract from a
lengthened speech of his is especially commend
ed to the Irish people and more particularly to
such of thesa as, whether in blue jacket or grey,
proved themselves among the foremost soldiers
of all the world. Mr Lowry has had the au
dacity or honesty to speak plainly—right out
in meeting. He speaks biuntly what Mr.
Sumner and liis cabal olassically insinuate.
Both however, mean precisely the same thing,
and here, in choice Pennsylvania dialect, is a
liftral translation of Mr. Sumner’s latinity and
Mr. Chase’s quibbles, Mr. Lowry said :
Denv the negro suffrage, keep him uneducat
ed, and not one drop of blood shed in this war
but what has been shed in vain.
When the negro is enfranchised, as enfranchised
he wilt be, the Senator, even in a hot day , would
sit as close to him as he would now to an Irish -
man, fresh from the bogs perfumed with vile
whisky and bad tobacco. It is because the ne
groes cannot vote that gives offense to the
nostrils of the Democracy. [Laughter.] Let
the African race coma forth with the white
vote fragrant in his hand, and he wili smell as
sweet as any reb ;1, though he has slain his
thousands. The negro born upon this soil has as
just a title to life, liberty and the pursuit of happi
ness, as an Irishman, or any countryman what
ever, who emigrated from foreign lands.
FROM BRAZIL.
The Herald’s U o Janeiro correspondent
writes respecting affairs in Brazil, and the pro
gress of tho war between the Allies and Para
guans, that the general attack of the former
had not yet been made, but th ; hostile forces
confronted each other on the opposite side of
tho Paraguay river, aud it is expected that the
Allied army would cross about the middle of
February. Preparations to a formidable as
sault on ti;e 'Paraguay stronghold are being
made. He write*.that the Brazilian. Argentines
aud Uruguayan troops together will number
about 55,000 to 65,000 opposing whom there
are only 28.000 to tc:30,000 Paraguayans. Croze 1
has now on the river twenty-four war
vessels, four.ofwhich were iron clad; and
the Ai gen tines havetwo or three men-of-war.
The Brazilians are desirous of a large im
migration to llielr country, and are holding
meetings to forward the matter. Great in
ducements are offered American farmers to
remove thither.
A letter from Montreal, dated on the 17th
inet., says that, notwithstanding the Fenian
excitement has considerably cooled down, trade
grows worse daily. There ha3 been an influx
of Boston merchants, who, although fairly
successful in making their collections, have
been unable to do any business whatever. In
fact, business is utterly prostrate. Anticipa
tions of what will be the ultimate result of the
Reciprocity Treaty are very gloomy, and much
uneasiness prevails. A great crisis in Canadian
affairs is expected, and thinking men contem
plate its occurrence with feelings akin to sad
ness.
FOREIGN OPINION OF AMERICAN AF
FAIRS.
Thus fa r , it is already clear that a vast pre
ponderance cf public opinion is with the Presi
dent. and against the Congressional majority
which ought uot to have passed any measure
so crowded with unconstitutional provisions as
the Freedmea’s B ireau bill. The instant efiect
of Mr. Johnson’s explanation of iris veto was to
convince several members, who thereupon
vot and against the bill instead of carrying it
over the veto, as they might eaeiiy have done.
It nmy be understood to be a settled point that
the Southern people who desire to re-enter
the Union are not to be deprived of eny es
sential or commou constitutional right for
the protection of the body of the negroes who
ought to be rendered safe at a much less coat.
It is, again, a settled point that the actual
President will never agree to admit the worst
evil and dinger imnaced by a conflict about
States rights—the giving of inordinate powers
to the Central Government. By the rejected
bill, the Executive through its agents, could
have interfered in every corner of every State
where negroes were living ; judging, deciding,
controlling, in places where peculiar or un
known aws, customs, and manners prevail,
or where the dictation of strangers must keep
up a constant irritation. By that bill enor
mous patronage would have been put into the
hands of the Executive, creating as much sus
picion and cupidity at the North as offence in
the South. By that bill vast almshouses would
have been created and established as a depart
ment cf (he National Government By that
bill the Executive would have usurped to a
considerable extent the distribution and guar
antee cf lauds, which are the proper business
of the courts. Assigning these grounds and
seme others for his action, the President has
refused to aggregate new powers for the use
of Lis successors, and to destroy the balanca
which alone renders union possible, by grant
ing only a nominal and not a real restoration
and a pretended infhtpendence to the humbled
Stages, which in ty be won over to loyalty and
patriotism now if erer. —London News. March
10
A duel was fought near Lexington. Ky . on
the 25th, between Capt. Detsha and Mr. Kin
brongh. At the second fire, the latter was
shot through both hips.
The Present’* Veto of the Civil
Right*’ DPI,
Washington, March 27.
To the Senate of the United States .-
I regret that the bill which has passed both
houses of Congress entitled “An act to protect
all persons in the United States in their civil
rights and furnish the means of their vindica
tion,” contains a provision wh : eh I cannot ap
prove consistently with my sense of duty to the
whole people and my obligation to the Consti
tution of the United States. I am therefore
constrained to return it to the Senate, the house
in which it originated, with my objection to its
becoming a law. 13y the first section of the bill,
all persons born in the United States and not
subject to any foreign power, excluding Indians
not taxed, are declared to be citizens of the Uni
ted States. This provision comprehends the
Chinese of the Pacific States, Indians subject to
taxation, the people called gypsies, as well as
the entire race designated as blacks, people of
color, negroes, mulattoes, and persons of African
blood. Every individual of these races born in
the United States, by this bill, is made a citizen
of the United States. It does not purport to de
clare or confer any other right of citizenship than
Federal citizenship; it does not propose to give
these classes of persons any status ot citizens of
the States, except that which may result from
their status as citizens of the United States ; the
power to confer the right of State citizenship is
just as exclusively with the several States as the
power to confer the right of Federal citizenship
is with Congress.
The right of Federal citizenship thus to be
conferred in the several States on the generally
excepted races before mentioned, is now for the
fiiet time proposed to be given by law. If, as is
claimed by many, all parsons who are native
born already are, by virtue of the Constitution,
citizens of the United States, tho passage of the
pending bill is not necessary to make them such.
If, on the other hand, such persons are not citi
zens, as may be assumed from the proposed
legislation to make them such, the grave ques
tion presents itself, whether, while eleven of the.
thirty-six States are unrepresented in Congress,
as at this time, it is sound policy to make the
entire colored population, and all other excepted
classes, citizens of the United States. Four
millions of tnese have just emerged from slavery
into freedom. Can it be reasonably supposed
that they possess the requisite qualifications to
entitle them to ali the privileges and immunities
of citizenship of the United States 1 Have the
people of tho several States expressed such a
conviction l It may bo asked whether it is
necessary that they should be declared citizens
in order that they may be secured in the enjoy
ment of the civil rights proposed to be conferred
by the bill. Those rights are by Federal as well
as by State laws secured to all domiciled aliens
and foreigners, even before the completion of
the process of naturalization, and it may be
saicly assumed that the same enactments are
sufficient to give like protection and benefits to
those for whom this bill provides special legisla
tion. Besides the policy of the Government,
from its origin to the present time, seems to have
been that persons who are strangers to, and
unfamiliar with our institutions and our laws,
should pass through a certain probation, at the
end of which, before allowing the coveted prize,
they must give evidence of their fitness to re
ceive and exercise the rights of citizens as con
templated by the Constitution ot the United
States.
The bill in effect proposes a discrimination
against large numbers of intelligent, worthy
aud patriotic foreigners, and in favor of the
negro, to whom, after long years of bondage,
the avenues to freedom and intelligence have
just now been suddenly opened. He must, of
necessity, from his previous unfortunate con
dition ot servitude, be less iuformed as to the
nature and character of our institutions, than
he who, coming from abroad, has to some ex
tent at least familiarized himself with the prin
ciples of a government to which he voluntarily
intrusts life, liberty, and the pursuits of hap-y
piness, yet it is now proposed by a single leg
islative enactment to confer the rights of citi
zens upon all persons of African desoent, born
within the extended iimits of the United States,
while persons of foreign birth who make our
land their home must undergo a probation of
five years, and can only then become citizens
upon proof that they aro of good moral charac
ter, attached to the principles of the Constitu
tion ot the United States, and well disposed to
the good order and happiness ot the same.—
The first section of the bill al;o contains an
enumeration of the rights to be enjoyed by
tho«e classes so made citizans in every State
and Territory in the United Stites As these
parties are to give evidence, to inherit, pur
chase, leas t, sell, hold, and convey real and
personal property, and to have full and equal
benefit of all laws and proceedings for the se
curity of persons and property as is enjoyed by
white citizens, so, too, they are made Bubject
to the same punishment, pains, and penalties
common wi h white citizens, and to none oth
ers. This perfect equality of the white aud
colored races is attempted to be fixed by Fed
eral law in every State of the Union over the
vast field of State jurisdiction, covered by
these enumerated rights. In no one of them
can any State exercise any power of discrimi
nation between the different races in the exer
cise of a State policy over matters exclusively
affecting the people of each State? It has fre
quently been thought expedient to discrimi
nate between the two races by tho statutes of
some of the States North as well as South.
It is enacted, for instance, that no white
person shall intermarry with a negro or mulat
to. Chancellor Kent says, speaking of tho
blacks, that marriages between them and the
whites are forbidden in some of the States
where slavery dots not exist, and they aro
piokibited in all slaveholding States by law,
aud when not absolutely contrary *o law they
are revolting aud regarded as an offense against
public decorum. Ido not say that this bill
repeals State laws on the subject of marriage
between the two races ; for, as the whites are
forbidden to intermarry with the blacks, the
blacks can only make suen contracts with
the whites themselves as they are allowed to
make, and therefore they cannot, under this
bill, enter into the marriage contract with
the whites. I cite this discrimination, how
ever, as an instance of the State policy as to
discrimination, and to inquire whether if Con
gress can abrogate all State laws of discrimi
nation between the two races in the matter
Os real estate, of suits, and of contracts gen
erally, Congress may not also repeal the state
laws as to the contract of marriage between
thoraces. Hitherto every subject embraced
in the enumeration of rights contained in the
bid has been considered as exclusively be
longing to the States.
They all relate to the internal policy and
economy of the respective States. They are
matters which in each State concern the do
mestic condition of its people, varying in each
according to iffi own pecular circumstances
and the safety and well being of its.own citiz-.-ns.
Ido not mean to say that upon all 'these sub
jects there are not Federal restraints, as for
instance in the State power of the Legislature
over contracts, there is a Federal limitation
that no State shall pass Ja law impairing the
obligation of contracts ; and as to crimes, that
no State shall pass an expost facto .aw ; aid
as to money, that no State shall make any
thing but gold and silver a legai tender ; but
where can we find a Federal prohibition against
the power of any State to discriminate, as do
most of them, between aliens and citizens, be
tween artificial persons called corporations
and natural persons in the right to hold real
estate ?
It it be granted that Congress can repeal
all State laws discriminating between whites
and blacks, on the subjects covered by this
bill, why, it may bs asked, may not Congress
repeal, in the same way, all State laws dis
criminating between the two races on the sub
ject of tuffiage and office ? If Congress can
declare by law who shall hold lands, who
shall testify, and who shall have capacity to
make contracts in a State, then Congress can
also by law declare who, without regard to
race or color, shall have the right to sit as a
juror, or as a judge, to hold any office, and
finally to vote la every State and Territory of
the United States. As respects the Territo
ries, they come within the power of Congress,
for as to them the law-making power is the
Federal power, but 3S to the States, no simi
lar provisions exist vesting in Congress the
power to make rules and regulations for
them.
The object of the second section of the bill
is to afford discrimination and protection to
colored persons in the full enjoyment of all
the rights secured to them by the. preceding
section. It declares that any person who,
under colot of any law, statute, ordinance,
regulation, or custom, shall subject or cause to
be subjected any inhabitant of any State or
territory to the deprivation of any riHit se
cured or protected by this act, or to different
punishment, pains, or penalties, on account of
such person having at any time been held in a
condition of slavery or iuvolunlary servitude,
except as a punishment of oiiine whereof the
party shall have boi n duly convicted, cr by
reason of color or race, than is prescribed for \
the punishment o? a white person shall bet
doomed guilty of a misdemeanor aud on con
vict,ion, shall bo punished by fine not ex
ceeding one thousand dolors, or imprison meet;
not exceeding one y.or, or both, in the disore--
tion of tha courts This section seems to fee
designed to apply (o existing or lutiKv
law of a State or territory which may cor.tires
with the provisions of the bill now under coo
sideratiou. It provides for counteracting such
forbidden legislation by imposing fine and im
prisomnent upon the legislator who may pass
such conflicting laws, or upon the officer or
agents who shall put or to put them
into execut on. It means an official offense,
not a common crime committed against law
upon the person or property of the b ack race.
Such an act may deprive the black man of his
property, but not of his right to hold property.
It means a deprivation of tho right itself,
either by the State judiciary or the State
Legislature. It is thereiore assumed that un
der this section members of a State Ligisia
ture who should for law- 1 conflicting with the
provisions of the bill, that tha Judges of the
State Courts who should render jutlgfneuls in
antagonism with its terms and that the mar
shals aud sheriffs who should as misisterial
officers execute the processes sanctioned by
the State laws issued by State Judges in the
execution of their judgmouts, could be
brought before tribunals, and there be subject
to line and imprisonment for the performance
of the" duties which State laws may Jtnpcse.
The legislation thus proposed invades the
judiloai power of the States. It says to every
State court or judge, if you decide that this
act is not unconstitutional —if you refuse, un
der the prohibition of a State law, to allow a
negro to testify—if you hold that upon such a
subject matter the State law is paramount, aud
under color of the same refuse the exercise of
the right to the negro—your error of judgment,
however conscious, shall subject you to fine
and imprisonment.
Ido not apprehend that the conflicting le
gislation, which tho bill seems to contemplate,
is likely to occur, so as to render it necessary,
at this time, to adopt a measure of such doubt
ful constitutionality.
In the next place this is the duty cf a judi
cial decision, and converts the State judge into
a mere ministerial officer, bound to decide ac
cording to the will of Congress.
It is clear that, in States which deny to per -
sons, whose rights are secured by the first sec
tion of the bill, any one of those rights, all
criminal and civil cases affecting them will, by
the provisions of the third rocMou, come under
the cogriiziuce of tha Federal tribunals. It
follows that if any State which denies to a
colored person any one of these rights, aud (hat
person should commit a crime against the laws
of the State, murder or any other crime, all
protections and punishment through the courts
of tiie State are taken away, and he can be
tried and punished in the Federal courts.
Hovr is the criminal to be tried if the offense is
provided for and punished oy Federal law.
That law and not S f ate law is to govern. It is
only when the offense does not. happen to be
within the provisions of the Federal law that
the Federal courts are to fry and punish him
under any other law. Then resort is to be had
to the common law as modified and changed
by Scale legislation, so far as tho same is not
iuocnsistant with the Constitution and laws of
the United States. So that over this vast do
main of criminal jurisprudence provided by
each State for the protection of its own citizens
and for the punishment, of her sous who viol
ate her criminal laws. Federal law, wherever
it can be made to apply, displaces State law.
The question here naturally arises, from what
sources Congress derives the power to transfer
to Federal tribunals csrtaia classes of cases
embraced in this section.
The Constitution expressly deolaies that the
judicial power of the United States shall ex
tend to all cases in law and iqulty arising
under the Constitution, the lawß of the United
States, and treaties, made, and which shall ba
made under their authority ; to all cases affect
ing embassadors or other public ministers and
consuls ; to all cases of admiralty and mnra
time jurisprudence; to controversies to which
the United States shall be a party ; to contro
versies between two or more States, between a
State and citizens of another State, between
citizens of different States, botween citi
zens of the same States, claims of land un
der the grant of the different State-', and be
tween a State and the citizeus thereof, and
foreign States, citizens or subjects. Here the
judicial power of the United States is expressly
set forth and defined, and the act of Septem
ber 24tb, 1789, establishing judicial courts of
the United States, in conferring- upon the
Federal courts jurisdiction over eases originat
ing iu State tribunals, is careful to confine
them to the classes enumerated in the above
recited clause of the Constitution.
This section of tbs bill undoubtedly compre
hended the cases, and authorizes the exercise
of powers that are not by the Constitution
within tho jurisdiction of the courts of the
United States. To transfer them to those courts
would be an exercise of authority well calcu
lated to excito distrust and alarm on the part
of the States, for the bill applies alike to all
of them; as well to those that have as to those
that have not been engaged in rebellion. It
may be assumed that this authority is incident
to the power granted to Congress by the Con
stitution, as recently amended, to enforce, by
appropriate legislation, the article declaring
that neither slavery nor involuntary servitude,
except as punishment for crime, whereof the
party shall have been duly convicted, shall
exist within the United -States or any place
subject to their jurisdiction. It oannot, how
ever, be justly claimed that, with a view to the
enforcement of this article of the Constitution,
there is at present any necessity for the exer
cise of ail the powers which this bill confers.
Slavery has been ab lished, and at present
nowhere exists within the jurisdiction of the
United States, nor has there been, nor is it
likely that there will be, any attempts to re
vive it by the people of the States.
However, if any such attempts shall be
made, it shall become the duty of the General
Government to exercise any and all incidental
powers necessary and proper to maintain In
violate this governmental law of the freedmen.
The fourth section of this bill provides that
officers and agents of the Freedmen's Bureau
shall be empowered to make arrests, and that
other officers may be specially commissioned
for that purpose by the President of the United
States. It also authorizes the Circuit Courts of
the United States, and the Superior Courts of
Territories, to appoint, without limitation,
commissioner, who are to be changed with the
performance of quasi j udicial duties.
The fifth section empowers the Commission
ers so to be selected by the court, to appoint,
In writirg, one or more suitable persons from
timo to rime, to execute warrants, and other
processes desirable by the bill. These numer
ous officials and agents are made to constitute
a sort of police in addition to the military, and
are authorized to summon a posse comitatu ♦,
and even to call to their aid such portion of
the land and naval iorcea of the United States,
or of the militia, as may be necessary to the
performance of the duty with which they are
charged. This extraordinary power is to be
conferred upon agents irresponsible to the Gov
ernment and to the people. Th# general
statutes regulating the land and naval forces
of the United States, the militia aad the execu
tion of the laws, are believed to beadtquate
for any emergency which can occur in time of
peace. II It should prove otherwise, Congress
can at any time amend those laws in such
manner as, whiie subserving the public welfare
will not jeopardize the rights, interests and
liberties of the people.
The seeventh section provides that a fee of
ten dollars shall be paid to each Commissioner
In every case brought before him, and a foe of
five dollars to bis deputy or deputies for each
person he or they may arrest aud take before
such Commissioner, with such other fees as
may be deemed reasonable by such Commis
sioner in general for performing such other
duties as may be required in the premises. All
these fees are to be paid out of the Treasury
of the United States, whether there is a cou
victlon or not; but in cast! of conviction they
are to be roceivab'e from the defendant. It
seems to me that under such temptation bad
tncu might convert any law. however bench*
cent, into an instrument ot persecution and
fraud
By the eighth section of the bill, the Ua!!t:l
States Courts, which sit only iu cue place for
white citiz ns, must migrate with the Marshal
aud District Attorney, and n-.cevs rily with the
Clerk, although he is not mentioned, to a-v
part of the District upon the order of the
President, anil there hold a Court for th : pur
pose of the more speedy arrest and ti ini of
persons charged with a violation ot this act,
and there the Judge and officers of the court
must remain upon the order of the President
for tho time therein designated.
The ninth section authorize the President
or such person as he may empower tor that
purpose, to employ such land or naval forces
of the United States, or of the militia, as shall
be necessary to prevent the violation aud
enforce the due execution cf this net.--
act. The language seems to imply a petma
netst military force, that is to be always at
hand, aud whose only business is to bo the
enforcement of this measure over the vast
region where it 19 intended to operate.
1 do not propose to consider the policy of
this b 11. To me the details of the bill are
fraught with evii. The white race and black
race of the South have hitherto lived together
under the relation of master and slave, capital
owning labor. Now that relation is changed,
and as to ownership, capital and labor are
divorced. They stand no.v, each master of it
self. In this new relation, one being neces
sary to the other, there will be a uew adjust
ment, wh ch both are deeply iutera&ted in
making harmonious. Each has equal power in
settling the terms, aud it left to tuej laws that
regulate capital and labor, it is confidently be
lieved they will satist'actoriiy woik out the
problem. Capital, it is true, has more intelli
gence, but labor is never so ignorant as not to
understand its own interests, as not to know its
own va ue, as not to see that capital must pay
that value. I his hill lustrmtes a this adjust
ment It intervenes between capital and labor
and attempts to settle the question of political
economy through the agi ney of numerous
officials whose interests It will be to ferment
discord between tho two races ; for as the
breach widens, their employment will contin
ue, and when it is closed their occupation will
end. In all out history, iu all our experi
ence as a people living under Federal] and
State laws, no such system as that contemplated
by the details of this bill has, ever before beeu
proposed or adopted. They establish for the
security of tha colored race safeguards—which
go infinitely beyond any of those which the
General Government has over provided lor the
white race. In fact, the distinction of race
and color is by the bill made to operate iu
favor of the colored against the white race.
They interfere with the municipal legisla
tion of the States, with relations existing ex
clusively between a State aud its citizens, and
between inhabitants ot the same State, and tho
absorption and resumption of power by the
general Government, which, II acquiesced in,
must say and destroy our federative system of
limited powers, and break down the barriers
which preserve the rights of the States. It is
another step, or rather stride, toward central
ization aud tiie concentration ot all legis ative
powers in the National Government. Tho
tendency of the bill must be to resuscitate the
spirit of rebellion, and to arrest the progress
of those influences which are more closely
drawing arouud the States—the bond of uu
ion and peace. Mv lamented predecessor, in
bis proclamation of the Ist of January, 1863,
ordered and declared that ali persons held ue.
slaves within certain States and parts of Slates,
therein discharged, were, and thenceforth be,
free : and further, that the Executive Govern
ment throughout the United States, including
the miiiraiy aud navul authorities thereof,
would recognize and maintain the freedom of
such persons
This guarantee has been rendered especially
obligatory and sacred by the amendment of
the Constitution abolishing slavery through
out the United States. I, therefore, fully re
cognize the obligation to protect and defend
that class of cur people, whenever and wher
ever it shall become necessary, and to the full
extent compatible with tho Constitution of tho
United States Entertaining these sentiments,
it only rcmalus for me to say that I will cheer
fully 00-operate with Congress in any measure
that may be necessary for the preservation of
the civil rights of the freedineu, as well as
those of all other classes of persons throughout
the United States, by judical process, under
equal and Impartial laws, and conformably
with the provisions of the Federal Constitution.
I now return the bill to the Senate, and regret
that, in considering the bill and joint resolu
tions, forty-two in number, which have been
thus far submitted to my approval, 1 am com
pelled to withhold my assent from a second
measure, that has received the sanction of
both Houses of Congress.
[Signed.] Andrew Johnson.
Washington, D. C., March 27.
NEWS FROM MONTANA.
The Montana Radiator of February 17th is
filled with interesting news about tire Indian
war and the condition of that territory. A
published letter from Fort Benton says the In
dian depredations still continue worse than
ever. On the evening of the 2d a I’tegau In
dian—a chief, aud one of the signers of the
treaty—was there, and while he bud gene a(te>,
hay, stole a bay horse out of a stable and took
him to the Indian camp. The owner sent for
him, and received for an answer that it tho
whites wanted him, to come after him. The
whites have received warnings from the same
camp to be careful about going out in town at
night This camp is on the 'futon, ten miles
from Fort Benton, and as most of the young
men are out at war, it would be a fine time
and place to attack them. Five hundred men
could easily clean them out, and end the Indian
troubl s at once, by marching on their present
position. There are men uow waiting to pros
pect, but are afraid to try it, as the I.dians
would rob if not kill them. Tl;ere are others,
who desire to open a coal bank on the river,,
but the Indians stand between them and their
projected work. If the Governor baa not the
authority or the means to put an adequate
force in the field, let tho people take hold, as
they have done before, aud they can well pay
themselves, and at the same time open tho
country to themselves and to other prospecters
and men of business.
The following is a eorreot account of the
murders reported some time since on the Yei
lowstone, from a rquaw belonging to one of
tho murderers :
Nine Blood Indians, on the Yellowstone met
two white men, who wore mounted and had
pack horses. The whites refused to allow the,
Indians to approach them, until by signs they
made them believe they were Piegans. They
were fed by the white men, and, when the lat
ter started on their journey, the Indians told
them they were going the same way, and, as
some were afoot, they would ride behind on
the same horees with the whites. Fearing to
refuse, they permitted them to do so, and,
while riding in this manner, one of the Indiana
took the revolver from the scabbard oi tuts
man behind whom he rode, and killed him,
simultaneously, the other man foil dead,
having been shot by the Indian who rode be
hind him. It i« reported that there are about!
forty lodges of Bloods on their way to this
vicinity. If (his be so, wo are bound to have
trouble. The Piegans are just as had as the
Bloods, upon whom they charge their depre
dations.
Commenting on the war, the Radiator says :
Owing so a scarcity of hortes and a want of
interest on the part of those whose interest are
most at stake, recruiting has measurably
ceased. Hundreds of men are ready to enlist
but they cannot equip themselves, aor Is the
Governor able to equip them, and the proa
pect is now unfavorable to an early suppres -
sion.
It is reported that Big Lake, Chief of the
Piegans, has sent a messenger to Governor
Meagher to say that hi and his tribe wished
to be on frieudiy terms with the whites, and
tnat they are wilting tojoin in the war again**
the Btooda.
Mr. Pike, of Cincinnati, offers to furnish half
a million towards rebuilding the opera house,
provided some public-spirited citizen wili sup
ply the other half.
Fort Leavenworth is to be abandoned as a
Government post as soon as the ears on the
Pacific railroad are running to Fort Riley,
which it is supposed will ho by the fitst of
August,