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Itntintl 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 Stockton repealed tin r« olution, before going into the election ot denulor.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,