Chronicle & sentinel. (Augusta, Ga.) 1864-1866, April 25, 1866, Image 1
OLD SERIES, VOL. LXXV.-
Clpnirle k fi'utind.
HENRY MOORE,
A. R. W RIGHT,
~ A NEW PARTY.
Kcveral of our Northern exchanges are urg
ing the formation of anew political organiza
tion, which may embrace all the true, conser
vative men independent of their former politi
cal a eociat'ons. The necessity for this new
party is urged from the fact, that there are a
great numbor'of the moderate or conservative
Republicans—men who under the influence of
the highly excited state of public sentiment,
occasioned by the progress and conduct of the
late war—were driven from their old associates
and identified themselves with what was then
thought by them to bo the only true Union
party. This class of moderate Republicans
was recruited in about equal numbers lrom the
old Democratic and Wh g I'arließ. Their
dopatturo liom their old party organizations
breuirht upon them the bitter reproaches, and
subjected them to the obloquy and scorn of
their old political friends. This feeling of bitter
ness has been carefully nursed and fostered by
the Radicals, with the view of keeping the
breach open so wide a3 to prevent the possi
bility of any luture reuuion. Angry and vin
dictive feelings have been indulged iu on both
sides, and floods of abuse have been poured
upon the heads of the recusants, both Demo
crats and Whigs, This has, on the o.her hand,
been retortud witli great violence, and the in
dications are, it is said, unmistakable, that
those jarring and angry elements can never be
re-united under their old organizations.
Asa vital, distinctive, and national organi
zation, the old Whig Party has long since
ceased to exist. The individuals of which it
was composed, have generally fallen into the
ranks for the time being of one or other of the
great parties at the North. There has never
been auy fusion of this Party, with either the
Democrats or Republicans. The individual
whigs have voted for the last four or five
years with that party, whose line of pol
icy was nearest to the line of their eym
pathies and feeling. The great, overpower
ing and intense ieeling for the Union taught
and enforced by their great founder and
head, Henry Clay, and which received
the life-long advocacy and devotion of Daniel
Webster, inclined a largo majority of the
Whigs to tho ranks of tho Republicans, who
embluzenod ou their banner no itsues but love
for, and protection and preservation of, the
Union. With this neu> party tho old Whigs had
no cause lor jealousy or distrust on account of
past party conflicts. The Democratic party
had been their life-long enemy. It had de
feated tho idol of their hearts for the Presi
dency; it l ad, through a loug course of years,
controlled the destiny and patronage of the
Government ; it had again and again over
thrown their moat cherished principles and
kept their chosen leaders from ull participation
in the administration of tho Laws.
It is not surprising that tho rank and file of
the old Wing party should at this day be
averse to co operating with an organization to
wards which they have become strongly em
bittered by the recollections ol tho past.
Wo admit that in a matter of principle, mere
feeling should not be permitted to control our
action. liut it should also bo borne in mind that
men often are influenced in their conduct by
their feelings, who believe their motives are
those of highest principle. We do not all see
and leel alike. Hence wo should always be
wiiliug to accord to others the inliucnco of
motives as pure as our own.
The old lino Whigs will hardly abandon an
organization which is iu power, and which pro
fesses to agree with them iu their great idea
love lor the Union—and seek entrance into
tho fold of their ancient adversary without a
most pressing .iuu universal necessity.
We believe that necessity is present and ur
gent. We do not perceive how they cau, with
any degree of consistency or sell-respect, con
tinue their alliance with tbe Radicals. We
think that they, aud all other loveis of the
Union, aro compelled, by the course of the
Radicals towards the President and the Union,
to dissolve, at ouce, their connection with
them. This much, we feel satisfied from the
tone of our Northern exchauges, they are wil
ling to do. They protest, however, agaiust
beiug compelled to enter tho ranks of their
aucieut enemy, aud become, as it were, merely
subsidiary to the great Democratic Party.
Then again, there are a largo number ol
those who have been pleased to style them
selves War Democrats, who, on account of the
violeut denunciations heaped upon them by
their late Democratic associates, cauuot, they
say, with any degree of decency or self-respect,
return to their old ranks. These men have
been, rnauy of them, driven into the arms of
the Radicals by the extreme course of their old
ftieuds. They detest the plans aud the policy
of the Radicals to prevent the reconstruction of
the Uuiou, aud heartily endorse tho mild and
conciliatory course of the President. The
views of the President, upou the consiitutioual
rights of the States, aro iu acconiauce with
their iife-loug principles. The efforts of the
Administration to restore the Uuiou meet their
hearty approval, aud they are willing to enlist
uuder his banner for the restoration of the
L’nioa of their fathers. But they have not yet
been able to divest themselves of the preju
dices which might naturally be supposeddo tx
ist between them aud the old organization to
which they formerly belonged. These men
will never be able to overcome the obstacles
which prevent their reunion with the Demo
cratic party. Haviug no separate organization
themselves, like the Whigs, they will be forced
to continue their alliance with the Republi
cans.
Like the Whigs, also, they are willing to
forget and forgive past injuries and past differ
ences, and meet upou a common ground for
the defence of the Constitution and the perpe
tuity of tho Union.
The only obstacle whioh prevents a coalition
of all the friends of the country upon a com
mon platform is found at present iu the Demo
cratic organisation of the North. All efforts,
as yet made, to induce them to strike hands
with tho true Union people—except upou the
terras of submission to tbeir pswer and organi-
zation—have, as yet, failed. We can very we'l
appreciate, as we do most highly respect, the
feeling which makes men cling with tenaci
ty to an organization or even a name, through
which they have been enabled to control the
policy of the Government, and engraft their
pecuiiar ideas upon the laws of the country for
nearly a half century. The Democrats may
well be proud of their name a.s well as their
history. Ibe annals of Constitutional Govern
ment shew no such example of a party, which,
through a long series of years, has been able
to retain its power, and secure to i*s partizaos
the posts of honor and of distinction. They
claim, with just pride, that the principles of
their party have been endorsed by the majority
of the people, have been stamped upon the
legislation of the country, and approved by the
lights of experience.
Without detracting one iota from all that
can be said in their far or, we submit, that, at
the present time, hardly a single qnestfbn'ia hr
issue involving the application or operation of
their ancient principles. The one great, para
mount, issue now presenteu to
the American people is the proper and speedy
restoration of the States of the Union to their
constitutional rights and privileges. All
others sink into deep insignificance as compared
to this. We believe that the mass of the Dem
ocratic Party of tho North and West, are as true
to the Constitution aud the Union as the Pres
ident himself. That they are anxious for the
speedy restoration of the Southern States to
tbeir former stalus, no one can doubt. That
they are determined to wage war to the hilt
with the Radicals on thia great Constitutional
question, is plain and palpable. It is also, in
our opinion, equally cliar, that without the aid
of those who are now called Conservative Re-
publicans, they are destined to meet with dis
aster and defeat. It will require the united
and vigorous action of all the friends of the
country, to sustain the President and destroy
the Radicals. Os course, we of tho South can
do but little to aid our friends. We have no
parties here. We are compelled to beinactive,
though deeply interested spectators of tho con
flict. Our prayers aud our hopes are with the
Conservative men of the North aud West, and
it is of no importance to us by wliat Dame they
organize for the contest. But organization
they ust have if they would succeed. As to
the name and character of that organization we
hope to offer a few thoughts in a future issue.
D. D.
The Philadelphia Piessof the 9th inst., has a
letter purporting to be from Savannah, dated
the 2d, which caniesto the radicals th a pleasing
intelligence that “ a fearful ebango has been
wrought” in that “treasonable communi'y
within six months. ” According to tho state
ment of this veracious writor, “ virulent rebels
who then trembled for the safety of their nocks
now stand erect and defiant, ” “ praising An
drew J cannon, and vowing eternal revenge on
all nigger worshippers as soon as abolition bay
onets aro withdrawn.” We are at a loss to
conceive the amount of infamy required to pen
and publish such unblushing falsehoods. Wo
know that there is not a more peaceable, quiet,
orderly, and law-abiding community in the
United States than the people of Savannah.—
That they are true to the constitution, and the
laws we have not the slightest doubt. That
they are anxious to be restored to their former
relations with the United States ; we are equal
ly well satisfied. That they could have been
so imprudent as to use the language which is
imputed to them, even if they are not honest
in their desire for a restoration of the Union,
we do not believe. The whole course of tho
people since the occupation of their city by the
Federal army in December, 1864, gives the lie
to the statements of this most veracious letter
writer.
But what will be thought of the statement
that “tho rebol legislature has recently adjourn
ed after passing several unjust and obnoxious
laws, oue of which disfranchises every Union
mau for two years.’’ This is a delicious mor
sel for the hungry Radicals, and we can well
imagine how the Sumners and Forneys will
roll it under their tongues. What a of
honest indignation it will arouse at the North
against Southern rebels. What conclusive
proof does it afford that the white people of
the South can not yet be safely trusted, with
the rights of citizenship, and the administration
of the law. Union men will be pointed to this
outrage as an evidence that the course of the
Radicals is justified by the action of our people.
What can we say to appease them ? How can
we justify such infamous legislation ? Can
there be no justification, no paliation offered
lor this iniquity ? None whatever, except
that the legislature passed no such law, and this
letter writer must have known it at the time
he penned his falsehood.
Another extract from this libellous and un
truthful letter, and we have done: “At a recent
election held iu this city, by order of Governor
Johnson, for the purpose of choosiug three
persons to represent this county at the State
Convention, which is shortly to assemble in
Augusta, the rebel spirit was wall shown. The
Uuiou candidates were overwhelmingly defeat
ed," Ac. Will the Radicals believe It when
we assure them that no such election was ever
held in Savannah; that no Convention has
been ordered by the Governor to assemble at
Augusta, or any other place ; that Charles J.
Jenkins is Governor of the State; that Pro
visional Governor, Jas, Johnson has not, in any
manner, attempted to exercise the functions of
Governor of the State since he turned over the
Great Seal to Governor Jenkins, in December
last, and that no general election has taken
place iu the State since the elections last fall
for Governor, members of Congress and mem
bers of the State Legislature ?
This statement is strictly and literally true,
yet we have no idea that it will receive cre
dence from the Radical press and people of the
North. Will not some of the better informed
Conservative press correct these infamous
slanders aud untruths ? The Northern people
are daily prejudiced and poisoned against the
South by the circulation of such letters as the
one under review. It is not to be very greatly
wondered at that the masses are still embitter
ed against us. The object of D. D. Forney &
Cos., is. by the constant circulation of such false
hoods, to keep the public mind incensed
against us. Unfortunately, for the cause of
truth and justice, there is no convenient medi-
AUGUSTA, GA., WEDNESDAY MORfING, APRIL 25, 1860.
am through which the Southern mind can be
laid bare to the people of tho North, and their
honesty and good faith made apparent. We
must trust to the Conservative press of the
North to assist us in this matter.
TAXATION, UNITE?STAIRS BONDS, AND
BANKS.
We dip the following extract from a late
number of Thompson’s Bank Note Reporter •
“The Supreme Court at Washington has
decided that tho stocks or shares of National
Banks are liable to local taxation to the same
extent as State institutions ; that is, if the
capital of a back is invested in United States
Securities, the shares of such bank are not
taxable. If a portion of the capital is so in
vested, then only a portion of the shares is
taxable. By this decision, at least nine
tenths of the National Bank shares of the
country will be out of the reach of State, city,
e*uaty and town, taxation ; -tbit
having in a former suit decided that even
State Bank capital is exempt to the extent that
such capital is invested in United States Se
curities.
In this connection, it is interesting to know
what the acts of Congress declare to be United
States securities.
Iu section lof the act of June 30, 1864, is
this sentence : ‘And all bonds, Treasury
notes, and other obligations of the United
States, shali be exempt from taxation by cr
under States or municipal authority.’
Therefore, if capital is invested in these se
curities, whether the investment be in a di
rect for m—such as holding the bond of the
Government, or in an indirect form—such as
holding tho shares of a bank, the capital of
which is invested in the obligations of the
Government, such capital is, by all the decis
ions of the United States Supreme Court ex
empt from taxation. It is admitted that any
interest-bearing obligations of the United
State3 not past due, is an exempt obligation.’’
Florida. —The Attorney General of Flovida
has aduresssed a communication to the Gov
ernor, in which he declares the act of the Leg
islature prohibiting the freedmea from keeping
or bearing arms, except by special license, to
be unconstitutional.
Os the inducements to emigrants and the
agricultural prospects of the State, the follow
ing paragraph reports :
Since the termination of hostilities, Florida
has had a large accession to her population.
The current of emigration still moves on.
Her fertile soil and gonial climate-—her forests
of valuable timbers and boundless pastures—
her orange groves—her innumerable lakes,
swarming with a thousand species of fish—are
inducements to those who desire to exchange
worn-out plantations for a fresh alluvial soil.
The Confederate soldier has returned to his
wonted avocation with alacrity. Her citizens
generally seem to be actuated with that degree
of enterprise which denotes [a ielurn of pros
perity at an early day in the future. The
email farms that dot her forests are being
renovated and newly improved. The long
cotton to which her soil is peculiarly adapted,
will constitute the bulk of her crop tfifTpresent
year, and, in fineness of staple, ciosely ap
proximate that which is produced on our sea
Island plantations. One hand will cultivate on
her lands, wiih ease, ten acres in 'cotton aud
five in corn. An crop on the pine
lands is a balß of long cotton, weighing three
hundred and fifty pounds, to three acres, and
twelve bushe sos corn per acre of land. The
hammock lands yield more.
Is it Cholera ?—A young lady named Nellie
Palmer, daughter of J. J. Palmer, Esq., the
present public printer, died last week in Rich-
Ynond from what some of the physicians de
clared to be a genuine attack of Asiatic cholera.
New York dispatches report the death of Mrs.
Mary Heiis, a German lady, of the same dread
ed disease. Dr. John Beach made an external
examination of the lady, and from the appear
ance of the remains and the symptoms, express
ed his opinion that death was the result of
epidemic Asiatic cholera. A verdict to that
effect wa3 rendered by the jury.'
Notwithstanding this verdict there are con*
dieting official opinions regarding the case. E. B.
Dalton, Sanitary Superintendent of the Board
of Health, claims that the case was not cholera.
However, the reports are creating much ex
citement throughout the city.
There is so much reason to expect the advent
of this dreaded disease to our shores, that these
cases assume a special interest. They admon
ish all persons to preserve those regular and
cleanly habits, which are the surest safeguards
against the disease. They especially admonish
the authorities of all our cities to enforce the
strictest sanitary regulations.
The Cordova Colony.— The Mexican Times
of the 10th March announces the arrival of
three vessels at Vera Cruz, from different
United States ports, with 104 emigrants, men,
women and children, nearly all of whom will
settle in the Cordova colony. Ot this'number,
17 are from Louisiana, 13 from Kentucky, 23
from Alabama, 16 from Texas, 5 from Missis
sippi, and the remainder from other States.
Nine are from New York. Among the Louisi
anians are Henry Huston, son of the late
General Felix Huston, Burnns Magruder and
John Davis. Two clergymen are among the
emigrants. It is stated that they went by way of
Havana, and that many more are expected be
fore the first ot June.
Biiow.nlow ,Stilt. on the Rampage.—Gov.
(God save tho mark) Brownlow has sent a
special message to the General Assembly of
Tennessee, full of his characteristic bitterness
against all wbo participated with the South in
the late war. He urges the passage of a law
disfranchising all save citizens of undoubted
loyalty : recommends the issue of bonds to pay
all losses sustained by loyal citizens ; and al
ludes to the fact that all save two of the mem
bers wbo resigned to prevent the passage of the
franchise law have been re-elected, ana urges
this as evidence that treason is still rife iu the
State. It is altogether a document worthy of
its infamous author.
Gen. Grant Supports the President. —A cor
respondent writes to the Chicago Times, from
Washington City, that General Grant sides
with the President; that, although he is more
reticent how thau ever, l, he has said enough
within two weeks to convince all who heard
him that he is the fast and firm friend and ad
viser of the President, and that his only com
olaint on this score is, that the President has
not gone far enough." This news will add yet
further to the a {fiction of the Radicals.
INSIDE VIEWS OF POIRTICS AT WASHINGTON.
The Rule or Ruta Faction—'The ProspeetXD? ta? Sowi—3io
chance of Pi.e'r, ir*£ the Radicals—The Preside: t v-Ws Cold
&3 he 5s Jlcr.eft—Ard W3 in or out of the Union ?-*jpother
Revolution at hand—’St h mss to Denote the Pr auteiri.— I 'The
Civil Rights bi:’—'What President Johnson wi'l do gbont it.,
&q , Ac., Ac.
[FROM OCR OWN CORRESPONDENT ] f
Washington, Thursday April? 12.
Day by day the resolve of the Radicals be
comes plainer to thejmbllc view. Bs*r the
present, their party organization is the control!.-
ing majority of the North ; and their purpose
to exclude the South from any shares,in the
government, as long as they can do so, by fair
means or foul, is fixed and unchangeable The
Southern people may as well open tlieir eyes
at once to the true condition of affairs, Tho
charges of disloyalty and of a covert design to
renew the war, so constantly brought against
the South by the Radical press and politicians,
are but a sham and a .pretext. Nona fGe so
wei)TsM»ri* Vi
as the very ••. Reconstruction Committee’’ whose
business it is ii> concoct them. The South may
well save itself tho humiliation of any conces
sion to the party ruled by Thaddens Stevens.—
That party does not moan to be appeased, in
any event. Its leadeis know and feel that the
admission of tho Southern Representatives into
Congress would be the death-blow to their own
power ; and, as they are dishonest and unscru
pulous to the last degree, the South will never
be represented, if they can prevent it. The Il
lustrious Georgian, Mr. Stephens, who was hero
last week, saw at a glance tho state o i things
in our political world ; and, if be chooses, he
can toil your people what they have to expect
at the hands of the Revolutionary Cabal that
rules supreme in both branches of Congress.
If President was as hold as he is
honest and sincere, in his effort to restore the
Union as it was, he might be more than a match
for his enemies. But he is sadly fettered by
the party shackles of those who elected him to
the Vice Presidency, as a tub to the Democratic
whale, and who now sneers at him as “the Ac -
cidental President.” He evidently hesitates to
cut loose, altogether from the Republican par
ty, although a majority of that party are now
in the ranks of tho Radicals who so bitterly
hate and revile him. If he would but use the
axe of executive patronage with which the
Constitution arms him, he might strike terror
amongst his foes, who, almost to a man, are
venal and moral cowards. As it is, so moder
ate and mild is the course of the President, that
‘{he very government clerks, whose places de
pend solely upon his pleasure, are amongst the
most loud-mouthed of his opponents herea
bouts. The wretched and unprincipled hang
ers-on of the Administration, who are ever
ready to join the winning side, evidently imag
ine that thQ.recklees and audacious treason of
the congressional majorities will eventually
prevail against the steady, earnest, and concil
iatory patriotism of Andrew Johnson. Tho
President, I .may mention, since my last letter,
has ceased to make tho staid .and" coL-ervative
old Intelligencer his mouthpiece, and has form'
ally selected as his “organ” here, the Republi
can.
The forbearing policy of the President caused
Senator Saulsbury to exclaim, the other day :
“ How can we sustain a President who seems
to lack the nerve to sustain himself ?”
As to the prospects of “the S.ate3 lately in
rebellion,” if a just and consistent course on
the part of the Executive can save it, the cause
of the South is safe. But if the Radicals can
work their will, galling indeed aud enduriug
will bo the political bondage to which tho
South is doomed. Stevens and his gang do
not hesitate to proclaim their programme. The
South is to bo regarded as in the Union for the
purpose of bearing every burden which the
irresponsible junto here can heap upon it; in
the Union, so that its State tines and it3 State
laws, its commerce and manufactures, its agri
culture and its social organization shall be at
the mercy of the Rump Congress; in the
Union, so as to allow tho perpetuation of mar
tial law in ail the region lying between the
Potomac and the Rio Grande ; while, as to
representation—as to any share in the benefits
of legis'ation—as to any right of auy character
whatsoever, the South is out of the Union—
mere conquered territory, now aud (if the
Radicals can so arrange it) forever. This is
the doctrine boldly announced throe days ago
by a leading Radical on the floor of the House
of Representatives, and assented to by his en
tire party. Truly, a pleasant prospect for us
of the South I
But this state of things cannot long continue.
Either the Radicals will be hurled from power
by a popular revolution at the polls, or else
they will push their tieasonable schemes to the
point of again involving the country in civil
war. The impeachment and deposition of the
President is a project daily canvassed amongst
the politicians of the extreme Radical stripe
nay, they do not hesitate to hint at such a
course in their serenade speeches and some
times even upon the floors of Congress. They
are now actively casting about for a pretext to
raise a popular hue and cry against the Exe
cutive ; and yet they can find no charge more
specious than that of delaying the trial of
Jefferson Davis. On that point, however, the
President’s skirts are clear ; for the delay is
due solely to the whim of the new Radical
Chief Justice, Chase.
The scenes which attended the passage of
the Civil Rights bill over the President’s veto,
in both Houses of Congress, baffle all descrip
tion. The .galleries were densely thronged on
the occasion, chiefly with negroes, and for
several minutes after the announcement of the
result of tho vote, there was the wildest and
the most indecent uproar of applause that ever
disgraced the legislative chambers of the
country; Had this applause proceeded from
white men, the people in the gaileries would
have been arrested cn masse. But as the cla
quers on the occasion were chiefly blacks, the
outrage passed without even so much as a
rebuke. Some cariosity is expressed as to the
course President Johnson will take in regard
to the execution of the law thus enacted in
spite of his veto. There is no abundance of
for his guidance ; this being but the
second occasion in the whole history of the
country, on which Congress has chosen to ex
ercise its constitutional privilege of over-riding
the Executive veto. But the President is too
shrewd a manager, even if he were not too
cotsciencious a man, to shrink from or evade his
plain duty to execute a law constitutionally
enacted, whatever bis own opinion of its
merits may be ; and,. I learned this morning
from one of his personal friends that he ex
presses his full intention to carry out the pro
visions of the law in good fajth, and to give it
a fair trial.
We are all agog here just now about the
cholera. The g-eat scourge which has arrived
in such state at Halifax is - also said to have
appeared at Richmond. Thus attacked on
both flanks, the position of Washington, Phila
delphia and New York is anything but a
pleasant one. Butter Nut.
unm
MEETING OF THE RICHMOND BAR.
The Bar of Richmond County assembled in
the Court Room on the 16th inst., for the pur
pose of paying a tribute of respect to the mem
ory of the iate Col. Henry H. Cdmmino, when
the Hon. William T. Gould was called to the
'Chair, and Claiborne Snead requested to act as
Secretary.
On motion of the Hon. William Gibson, a
Committee of six, to wit: Messrs. Wm. Gibson,
E. Starnes, H. V, Johnson, A. R. Wright, J. C.
Snead, and 11. V/. Hilliard, were appointed by
the Chair to draft resolutions suitable to the
occasion.
The meeting then adjourned, subject to the
call of tho Chairman.
The meeting re-assembled on the 18th,
when the Committee, through their Chairman,
the Hon. E. Starnes, submitted the following
report, which was unanimously adopted
Once more has death broken the ranks of
our brotherhood ! With stern and unrelenting
mien, the Destroyer has again stepped into our
circle, and this time has claimed for his own
that venerable form which, in common with so
many of our feiiow-citizens, we have long
cherished with love and admiration. Though
the blow was not all unexpected ; though
some of us had cause to know that, age and
disease were sapping the strength of that once
elastic form—that the noble intellect, the ener
getic will ot our brother was yielding to the
wasting energies of anxiety aud decay ; that
his own consciousness seemed to be repeating
to itself those awful words of the suffering
spirit, “Mysoul draweth nigh unto the grave;”
that unless some sure and vigorous aid to fail
ing nature were speedily applied, that great
heart would soon cease its painful throbbing—
yet now that the blow has descended, oh! how
l>ard, how very hard it is to realize the painful
truth, that he with whom we have been so
long associated has passed away forever ! That
the brave heart, so" tender and true in its do»
mestic relations, so kindly and strongly pul
sating in*sympathy with the cares, the trials
and the sorrows of bis many friends ; that
generous hand, ever “open as day to meeting
charity,” lie still and coid in death! That
he whom we, his professional brethren, have so
long honored and desired to emulate, “has
gone down to tbe grgge and will come up no
more !”
It is no wonder, therefore, that we are as it
were para'ized by this dispensation of Provi
dence, and feet keenly that no form of words,
no rubric of ceremonies, can minister to the
spirits which suffer from tho below, and no
language express the degree of our respect for
the deceased, or-s.v.row for his memory.
Feeble however, as our tribute may be, weax
as our effort to honor him and commemorate
his virtues may prove, yet such tribute is due
to ourselves and to his memory. Be it there
fore
Resolved, That during the whole of his
professional career, the Bar of Richmond coun
ty have regarded and admired their brother
Henry H. Gumming, as an example and model
of courtesy, truth, virtue, honor, learning,
sound judgment aud brilliant intelligence. »
Resolved, That wo mourn for his loss with
intensity of grief, the attempt to describe
which seemeth almost to make of language a
mockery.
Resolved, That the sorrow which oppresses
us is shared by the people of this whole com
munity, among whom his life of usefulness
and ot honor has been spent, and so many of
whom have been the subjects of his kindness,
the Bharers of his sympathies, the recipients of
his bounties.
Res'olved, That we tender to his family
our sincerest sympathy, and that we will iu
honor of bis memory wear the usual badge of
mourning during the session of this court.
On motion it was resolved that tho Judge of
the Superior Court, now in session, be request
ed to cause to be spread tbe above preamble
and resolutions upon the minutes of the Court,
and that copies be furnished to the city papers
for publication, and to the friends of the de
ceased.
The meeting then adjourned.
Wm. T. GOULD, Chairman,
Claiborne Snead, Secretary.
At the opening of Court the above resolu
tions were read, and a motion was made by
Judge Gould that they be entered' upon the
minutes of the Court. He accompanied the
motion with a brief tribute to the memory of
the deceased, a report of which wo regret our
inability to obtain.
Judge Starnes seconded the motion of Judge
Gould. His remarks, and those of Messrs
Hilliard, Wm. R. McLaws, Esq., and His
Honor Judge Reese, follow in their order :
REMARKS OF E. STARNES ESQ.
May it please the Court:
It is perhaps proper, that I should second
this motion, and it seems to be expected of
me. I will do so ; but I cannot trust myseif
to dwell long upon this subject.
From my boyhood I have been indebted to
our dead brother for acts of courtesy, and
kindness, and friendship. During a long
peiiod in our lives, I have lived in habits of
confidential, of almost affectionate intercourse
with him. When I have been bowed with
grief over my own sorrows, he has come to my
side, and has given me all that was in his
power to extend—the offer of his silent sympa
thy. I thank God, that in later years when
cares and sorrows had gathered about him, it
was in my power to reciprocate somewhat of
hie much kindness to me.
You wiil readily see in these things sir, suf
fieient reasons why I may feel unable to talk
ot him as hia exalted merits deserve, and why
my emotions may now force me to content
myself with the tribute of silent grief.
REMARKS OF MS. HILLIARD,
May it please yeur Honor :
Yielding to the suggestion of gentlemen of
tbe Bar in whose judgement I have great con
fidence, and obeying a story impulse within
my own breast. I come to pay a tribute to the
memory oi the distinguished citizen who has
just ceased to live. Coming to this Bar too
recently to observe how he acquitted h,mself
in the discussions of the forum, I found that
he enjoyed here an enviable reputation. His
habits, his traits and his inclinations had in
duced him to relinquish any active participation
in the business of the Courts, before I had the
honor of practising here. But I found that
he eLjoyed an enviable reputation tor ability
and learning, and I learned that he was dis
tinguished for that courtesy which contributes
so much to dignify professional pursuits, and
to soften the asperities that this arena some
times might witness in the absence of a proper
consideration for others. I had known Col.
Gumming by reputation long before I met him,
and the personal intercourse that I enjoyed
with him after I had the honor of his acquian
NEW SERIES, VOL. XXV NO. 18.
tance, only served to heighten tbe exalted
estimate which I fad previously formed of him.
It is conceded that he was an able man. But
sir. I observed in him that which is of higher
value than tbe most splendid intellectual en
dowments. He exhibited character. There
was in his bearing something impressive
unostentatious. There was an unmistakable
dignity in his deportment; A high self respect
manifested itself not only in his fine, intellec
tual, manly lace, but in that marked courtesy
which he extended to thoa; with whom he held
-intercourse. For it is quite certain that self
respect prompts one to concede to others the
consideration that be claims,for himself.
In alt that constitutes a true man, Colonel
Cumming was pre-eminent. I have said that
character transcends intellect. So it does all
the conventional advantages which we may
attain in life. These may be won without
merit, and worn without dignity. Fame itself
may be due to eccentricity, or to accident,
But character is iu the interior man, shining
through his whole being. It constitutes the
man.
Col. Camming was eminent as a citizen.
He shed the light of a noble nature about the
walks of private life. The influence of such a
man is always felt. He belonged to that class
of eminent men who at one time adorned this
Bar—men who were distinguished not only for
Utilities and learning, but for the high cour
tesy which sheas such a grace upon life,
I cannot speak of tho members of this Bar in
their presence, as I should feel at liberty to
speak elsewhere. Tut I may say what it af
fords me voty great pleasure to say, that they
give proof, by their own courteous and digni
fied professional bearing, that they have in
herited these high qualities, and have been long
accustomed to their exercise. We shall no
longer meet the distinguished citizen, whose
memory we honor to-day, in the walks of thi3
life, lie has gono down to the grave. Marblo
will soon adorn the spot where ho sleeps. The
hands of those that loved him will drop flowers
upon his tomb. All that can be done to per-,
petuatehis memory wiilbe done. But tho
good that such a man does ought not to be
buried with him. He should live in our hearts.
We could have better spared him in other
times. In these days of public anxiety, when
society is just recovering from the shock that
it received in the great political convulsion
which so lately shook this continent, we need
his presence. His intellect, his courage, his
experience, his weight of character, would
havo been of great value to us at this time.
But he sleeps in tbe dust. We must yield
him to the tomb. We can only recall his vir
tues, and honor his memory.
REMARKS OF WILLIAM E. MCLAWS, ESQUIRE.
May it Please the Court:
Having studied my profession under the
lamented deceased, I claim the privilege of
paying a tribute to his nunnery—the Court and
my brethren will pardon me for a very few
remarks.
It has been remarked that no individual
dies but that his place can be supplied from
tho ranks of the living. But I would ask who
is there to fill the void created by the death of
Col. Cumming ? Where will you fiud such
disinterestedness, such usefulness, such energy
and spirit, such patriotism, such nobility of
soul? Nowhere ‘l am sure within the range
of our acquaintance.
Years ago, I heard it remarked by one, then
a prominent member of this Bar —now the
first citizen of Georgia, first in position, first in
intellect and great purity of character, and I
may add the fiist in our esteem and confi
dence, when speaking of Colonel Henry
Comming, that “he was the most perfect
cha.uoter he cverTEfamw,” and when wa reflect
over hia past life and criticise his career, do we
not readily appreciate the truth of tho re
mark and acknowledge tbe correctness of his
judgment, Aud may I be permitted to express
the hope that this distinguished citizen will
favor us with his conceptions of the character
ot his beloved friend aad companion, iu order
that wo may hold it up as a model for immita
tion, for ourselves, our children and posterity.
Wiih Col. Cumming “the post of honor
was a private station,’’ he always refused office,
preferring the more independent and self-re
liant positiou of a private cilizen. To private
station he gave ornament, dignity, and worth,
and as such he was certainly more distin
guished as a man and all that belonged to
true humanity, than most of those who were
elevated by office aud adorned with its trap
pings.
Hs was emphatically the great private citizen
of this city and State ; he Dlaced himself far
above the suspicion of deceit, corruption,
hypocrisy and all the vices which belong to tho
mere politician of America,
His position led him to cultivate all tbe
manly virtues, truth, sincerity, honor and all
those qualities which would have created re -
spect, amongst any peopls—there was no un
worthy motive in anything he did—uo man
bad ever cause to doubt his friendship—this
made him the soul of honor and chivalry.
He would always espouse the cause of the
persecuted end oppressed, I care not who they
were, aud he was always the friend of law and
order, and when he thought they were endan
gered—regardless of self, he would throw
himself into the breach
Asa citizen, we all turned to him in the
hour of emergency—knowing him to be a
faithful sentinel, ever on the alert. He was
always the upholder of virtue and morality ;
and when all the land-marks of principle and
morality seemed to be removed, and ail things
looked dark, ho stiil preserved his erect and
noble position.
Asa lawyer, he gave a dignity and moral
tone to the Richmond Bar, which distinguished
it for generosity, courtesy and maaly bearing
throughout the State ; aud he always frowned
with indignation upon all that was mean aud
grovelling, in both precept and practice. No
member ot this Bar would dare utter an un
worthy sentiment or be guilty of any ignoble
practice when Col. Cumming was present, such
was our respect and admiration for the man.
Asa patriot, he ciung to the fortunes of his
beloved State ; and when the word came that
“we must fight,” he sent five noble sons—all
that he had—to fight our battles ; and, old
grey haired man as he was, he shouldered his
musket, was always among the most prompt
and constant at his post and in the discharge
of his duties as a soUlier, and wo all knowhow
he would have conducted himself had he
been led to meet the enemy.
Like all noble spirits, he was always true to
his own people; and that people will iong
mourn that son who was always true to them.
Col. Cumming never lived for himself, but
for his family, the community, his country.
But his sensitive and noble spirit could not
brook the sad changes which appeared every
where aiound him. Had he been less noble
aud less sensitive, he would have been longer
with us:
“But now is the marble column broke,
The Beacon light dissolved in smoke;
The Trumpet’s silver voice is still,
The Warder silent on the hill.”
Travel where we may, mingle where we may
—amongst the greatest and best of all lands—
we shall never look upon his like again, for he
was indeed the highest type of man.
We feel that his pure and noble spirit hath
winged its flight
“To those bright realms
Where Seraphs gather immortality
From Life’s fair tree.’’
REMARKS OF HIS HONOR JUDGE REESE.
Gentlemen of the Bar:
The resolutions submitted to the Court,
through your Committee, I entirely approve.
While it is true that you, the companions and
friends of Col. Henry Cumming, and the peo
ple of the city for whom he has done so much
and so well, have peculiar reason to lament
his decease, the people of Georgia have great
cause to lament their loss in hig death. “Jen-
kins, Cumming and Miller,” are household
words lrom she mountains to the seaboard of
our State, and whenever noble examples are
brought forward to encourage the youth of our
country to lives of truthfulness, honor and
fidelity, tho names of these illustrious men are
amoDgst the first in tho catalogue.
Descended from a father whose reputation is
still high as an honest banker, an incorruptible
and true hearted man, no one evor doubted that
the mantle of the father had fallen on his sons.
While I had not the honor and pleasure, gentle
men, of a personal acquaintance with tho dis
tinguished person whose memory we have met
to honor, I have often seen him on your
streets, and admired his nob!,; bearing ; I have
often heard of his splendid qualities as a citi
zen, and in common with you, felt proud that
such a man lived in our day to be known and
appreciated by the men of this generation.
While we are losing, and have lost so many
valuable lives, let us console ourselves with
the reflection that so much nobility and gentle
uosß as wore embodied in the mau cauuot be
forgotten.s
Let the resolution be entered on the Minutes
of the Court.
ORDINANCES PASSED BY THE TEXAS
CONVENTION.
The Galveston Nows-contains the following
ordinances passed by the State Convention:
AN ORDINANCE DECLARING THE WAR DEBT V OID,
AND FOR OTHER PURPOSES.
Be it ordained by tho People of the State of
Texas, in Convention assembled, That all
debts created by tho State of Texas in aid of
the late war, directly or indirectly, are hereby
declared jtull, and the Legislature shall havo no
authority, and they are hereby forbidden to
ratify the same, or to assume or provide for
the payment of the same or any part thereof.
Sec. 2. Be it ordained, That the Legisla
ture of this State shall have no and
are hereby forbidden to assume or make any
provision for the payment of any portion of
the debts contracted or incurred, directly or
indirectly, by the Confederate States, or by its
agents, or by its authority.
Sec. 3. Be it further ordained, That the
Legislature of this State shall have no authori
ty aud are hereby iorbidden to assume or make
any provision for the payment of auy portion
of the debts contracted cr incurred, or war
rants issued by tki3 State, from the 27th day
of. January, 1801, until the sth day of August,
■ 1865, except warrants issued in payment of
services rendered, or liabilities incurred before
the said 28th day of January, A, D., 1861.
An ordinance relative to tub direct tax
LEVIED UPON THE STATE OF TEXAS BY THE UNI
TED STATES.
Whereas, By an act of Corigress, of August
the 6th, 1861, there was levied upon the sev
eral States of tho United States, tho sum of
twenty millions of dollars, which sum was ap
portioned by said act among the several
States, as therein provided.
And whereas, The sum apportioned to th 9
State ot Texas is three hundred and fifty-five
thousand, one hundred aud six and two-third
dollars, which sum is to be collected iu tho
manner provided iu said act, and in the act of
June 9th, 1861, «■
And whereas, It is provided,by said act of
Congress that the States may assume tbe pay*
meat of said tax upon certain conditions :
Now, therefore, the people of the State of
Texas, by their Delegates in Convention as*
sembled, do ordain and declare as follows :
1. The State of Texas hereby assumes the
payment, to the Government of the United
States, of shch sum as may be necessary to
discharge said tax levied "upon the State of
Texas, under the rules?"fegiiiations, limitations
restrictions and allowances, in said act pro
vided.
2. The Comptroller of Public Accounts is
hereby created a Commissioner, whose duty
it shall be to confer with the proper authori
ties at Washington city, upon all matters con
nected with said direct tax.
3. That the powers of said Commissioner
shall extend to the negotiation of all matters
relative to said tax.
4. Baid Commissioner shall have power to
cancel on behalf of the State of Texas, in pay
ment of said tax, any indebtedness due by the
Government of the United States to the State
of Texas, on account of advances which may
have been made by the State for objects of
frontier protection, or account of any bonds
that the State may hold against the United
States, for indemnity, or otherwise, and to
any other character of indebtedness, what
ever, that may exist from the Government of
the United States to the State of Texas.—
Further, that said Commissioner shall report
to the first Legislature which shall assemble in
this State, alter the adoption of the ordi
nance.
5. That the sum of one thousand dollars
bo and the same is hereby appropriated, out
of the funds of the Treasury of the State, or
so much of the same as shall bo actually ne
cessary to defray the expenses of the said
Commissioner, in carry into effect this ordi
nance. This loth day of March, 1866.
THE NEW CONSTITUTION OF 11IS30URI.
St. Louis, April 12. r -In the Circuit Court,
Judge Reber presiding, the case of Jno. D. S.
Dryden vs. Thomas C. Fletcher, Governor of
Missouri, the Judge of the Supreme Court and
others, came up for trial. Mr. Dryden, it will
be remembered, was one of the Judges of the
defunct Supreme Court, whose position was
declared vacant by the Constitutional Conven
tion of 1865, and who failing to comply with
the ordinance vacating his office, was.removed
therefrom by force. JETe now claims damages
to the amount of several thousand dollars, on
the ground of »n warranted arrest and aggra
vated assrult.
Considerable time was consumed in empan
neling a jury on Monday. There were fifty
three challenges in all. It was difficult to find
any one who had not formed some sort of
opinion on the merits of the case. Two of the
jurors, however, stated that they had never
heard of anything in regard to it. Yesterday
the counsel for the plaintiff offered in evidence
the commission of Mr. Dryden as a Judge.
Objections were made as to its admissability,
on the ground that fundamental law of the
fjtate vacated the commission on the Ist day of
May, 1865, and as it was dated several months
previous, it was irrelevant. The pomr was
argued at length by Mr. Morrill for plaintiff,
and Mr. Drake for the defense. Judge Reber
decided that the commission of Gov. Gamble
to the plaintiff was not competent evidence,
holding that the ordinance of the Constitutional
Convention which removed Messrs. Ray and
Dryden was valid,;and was a proper amend
ment of the Constitution under the act calling
the Convention. The Judge also held that
Judge Dryden had no legal title to the office of
Judge of the Supreme Court on the day he was
removed by force; and that he could not re
cover in an action for his ejectment from that
office. This decision sustains the new Consti
tution throughout, and the legality of the
action of the Convention; and that the Judge#
had no vested rights to their seats, but coule
be removed at any time by the act of -the peo
ple.
Steamer Burned.— The steamboat Financier
bound from Pittsburg to New Orleans, war
burned on Friday night at I’enington, twenty
miles below Pittsburg. Ten lives lost; Emanuei
Rotschild, wife and six children, of Texas, wife
and daughter of Capt Darrogh, Thos. JJollen
pantryman, deck hand and fireman; others of
the crew severely but not seriously injured.—
Fire occasioned by explosion of a petroleum
lamp in the hands of Mrs. Darrogh.
The losses by the late steamboat conflagra
tion at St. Louis amounted to Dearly $500,000.
I Insurance 8400,000.