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Clpuirle 'i: fcatinii
AUGUSTA, GA.,
\\ KIHKMJA V HOHMXU, MAY 2.
Iflanly Ittrraneeg.
The fallowing remarks are contained in a
discourse reoentiy preached in the city of
Philadelphia by the Rev. Albert Barnes :
I hesitate not to say, on the whole, the con
duct of the South, in the feelmgs evinced on
the termination of the conflict, has been such
as to demand the confidence of the North, and
to si r’ure the admiration of mankind. The
surrender of armed forces was bo complete
and entire ; the cessation of hostilities was so
immediate and universal ; the acknowledge
ment that they had been overcome was so
prompt, frank and tnaniy ; the readiness to
return to the Union has been so general, and
apparently so sincere ; the recognition of the
fact that slavery is extinct forever has lieen go
v- is- !y admitted as a tact —vast as are the con
sequences involved, and is the change in their
habits ; the readiness to come under the ar
rangements for collecting the revenue has been
so prompt ; the disposition to resume com
mercial intercourse with the great cities of the
North has been so marked ; and the willing
n -,i to come into the great arrangements of
the nation lor the perpetuating of freedom has
been so general, that we see in this, I think,
the return of feelings of the best days of the
Republic. There are exceptions (individuals)
but there has never been a civil war closed
where tbeje was less lingering animosity, or
more willingness to unite again under the
same Government. Can wo forget, wban we
think of what is in the Nonihern bosom still,
that long cherished opinions, feelings and
cusioms do not soon change among the peo
pie 1 Can we forget how long after the wars
of the “Ron s,” and after the civil wars that
voswiiei U tkv i>k>raonti *yi til 1 “ OxjtW
’ monwealth” in England, on the cessation of
the forms of war, the feelings that had been
engendered lingered in the bosoms of English
men ' Can we forget how long alter the revo
lution.‘he banishment of James, and the ac
cession ot William and Mary, love for the
‘•Pretender,” lingered in the hearts of a por
tion of that natloD; bow firm was the convic
tion that be was the rightful heir of the Crown;
how strong the hope that he would yet come
to the throne ? bliall we blame our Southern
brethren ii some similar feelings linger in their
bosoms t
Mr. Barnes, the author of the foregoing ex
tract, is one of the most prominent and influ
ential members of the New School Presbyte
rian Church in the Northern States. He hat
I men lor more than a quarter of a century
known as an anti-slavery man. Fiom bis pul
pit and from the press, he has, through all
this period, sought to create a public senti
ment in the country which might result in the
overthrow of slavery. Such a man will surely
not he regarded by the radicals as a witness
prepossessed in favor of the South. His expres
sions are those of an honest and intelligent
observer, with all the warp of his anti slavery
education, upon the facts which have trans
pired in the Confederate States since tho sur
render of our armies. In publishing such
observations he but does our people simple
justico. But at a time when the radical party,
tor the purpose of excluding us from our con
stitutional rights, are moving heaven and
earth to persuade the Northern people that the
South is as refractory as ever, and is only
waiting an opportunity to foment now dissen
sions ; it is refreshing to find a mao, who like
Mr. Barues, has the honesty to proclaim the
truth in regard to our temper. His remarks
will not win the admiration of tho cabal who
are seeking tho permanent humiliation of
Southern mon, but they must secure the ap
proval of his own conscience, a thing more to
be desired than ten thousand pecans from such
lips as Stevens, Sumner & Cos.
Mr. Barues is not the only Northern clergy
man who has had the manliness and candor to
speak in behalf of an overpowered people at a
time when unpitying and cowardly men are
clamoring for the still further effusion of
blood and imposition of penalties. It gives us
pleasure to ruler in this connection to Henry
Ward Beecher, who, whatever his antecedents,
has deported himself towards us sinoe our de
feat In such a way as to surprise us by his
magnanimity and generosity. He has drawn
down upou himself it is true the fiercest anathe
mas of Ids quondam coadjutors in the abolition
army ; hut. ho must find ample indemnification
for alt such cursings in the consciousness of
honesty, and in the affiliation which he now
enjoys with more worthy associates. Nor do
we lorget that eloquent Irishman in Philadel
phia, the liev. John Chambers, who, amidst
storms ot hisses and denunciations from his own
brethren, and from outsiders generally, has
stood up, like a man of true courage as he is,
in behalf of the assailed and suffering—stand
ing like a fast-seated rock of the ocean, whilst
the angry billows were descending furiously
against him. Bishop Hopkins, too, the elo
quent Prelate of Vermont, who in tne midst of
the strife could publish a book asserting the
morality of uu iustitutiou which was then a
target for the shatts of a world, cannot be ig
nored in this connection. Other names occur
as we write, but we need not extend the list.
We have mentioned euough to show that wo
have been too indiscriminate in our censure of
tho Northern pulpit, aud that there are influ
ent! il ministers at the North wtio believe that
something ot truth and honor ip. the South
lias survived the tearful wreck which war has
created.
It is ; n obvious dictate of wisdom on our
p art to deport ourselves in such a way as to
streugtheu our friends and weaken our ene
mies at the North. Let out conduct corrobor
ate such sentiments as those to which Mr.
Barues has given utterance, and he will be
encouraged to speak again, aud others will
rally to his assistance. It ought constantly to
be borne in mind by us that all expressions of
hostility to the United States Government, all
abuses of Northern citizens as such, all disiegard
of those rights which the laws of our own State
guarantee to the population, irrespective of
color, are studiously treasured up by our ene
mies as proofs, at once, of Southern insubordi
nation and the necessity for contiuujd military
rule. These are the arguments which the
Radicals diligently use to fight the reconstruc
tion policy of our patriotic aud Constitutiou
loviug President, and to rebut the testimony ol
those lriends who would offer a word in our
favor.
This is the staple which they seek to gather
from every man from the South who is brought
before their committee of •‘obstruction.” Let
us do nothing, if we would be relieved from
military rule and be re-invested with our
political privileges, which such malignant
haters can use for our detriment. Though false
testimony may be borne against us—though
men hailiug from our own State and but recent
ly the recipients of official position, may speak
of us in Washington in such terms as must be
as much gratifying to our enemies as they are
inconsistent with tacts—let us rebut their testi
mony by such conduct as shall shame our
traducers and silence our enemies.
♦.en. Tlllson.
We had a pleasant interview yesterday with
General lillson, the representative Jot the
l ulled States in charge of the Bureau for
Freedmcu and Refugees. The General coin
municatcs the gratifying intelligence of the
restoration ol plantations on the sea coast—to
many on the Salts—Dr. Bignon's and other es
timable friends and acquaintances. He speaks
in glowing terms of climate, soil and charming
appearance ol the whole Island country. In
Southwestern Georgia, with the exception ol
Stewart county, everything works smoothly
aud haimonioueiv. In Middle Georgia, also
with rare exceptions, everything is working
smoothly and correctly, and the tone and sen
timent of the highly educated and best people
who control public sentiment, is elevated and
characterized by a full determination to carry
*>ut the laws of the State, imore liberal than
any posse. K-d by any other S'ate). He regrets
that in some of the river counties of the Eastern
part of the State some lawlessness still exists.
But this is gradually subsiding.
He deprecates the publication of newspa
per items—founded notunfrequently in truth—
which are calculated to inflrme instead of al
laying excitement, and to induce a partizrn
ship which is subversive of all justice. Besides
this, they are injurious ; giving such a charac
ter to the State as will deter and las deterred
capital and energy from our borders; as no man
of common tense and common prudtnce will
trust his person or invest his property where
the epitome of daily :.fe is outrage —whether
committed by white or black. As the Gov
ernment representative, it is his duty to see
that the Etate laws are enforced, and he is
gratified that in the discharge of such duties
he poßreste-: the confidence of the good men of
the State.
He further states that the march of European
events and the disposition ot the Northern
mind, gathered ai,ke from public prints and
peroonal correspondence, indicates a flood of
em gration during the ensuing fail, and looks
fora tide of prosperity which our people little
expect at this time.
An Unpleasant incident.
Our community were considerably excited
Saturday afternoon by the rumois which were
in circulation of an apprehended difficulty at
the City Cemetery, between the city authorities
and a portion of the black people, headed by
Capt. Bryant, a Mr. Eberhart and some other
white people (not citiz ms,) who had gone there
with a view to decorate the graves of some
Federal soldiers (white), who are there inter
red The facts as far as we have been able to
obtain them are as follows : A number of ne
groes of both sexes, and of all ages, under
the instigation and by the advice of the white
men beforementioued and some others connect
ed with the colored schools, had been induced
to collect in a considerable body to repair to
the Cemetery, with flowers to pay honors to
the Federal (white) dead, there buried. This
intention on tho pait of Capt. Bryant and his
coadjutors coming to the ear of the city au
thorities (unofficially,) the Mayor with some ot
our most prominent and conservative citizens
called on Gen. Brannan, the efficient and po
lite commander ot the department, and laid
before him the information which they had
received. We learn that the General express
ed bis disapprobation of tho contemplated
movement in tho strongest terms, and assured
the Mayor of his sympathy with him and the
people of city at this most uuparalied procedure,
but said that lie had no power to forcibly
interfere in the movement, unless violence
was threatened or commenced. That ho be
lieved the movement could only be productive
of harm, and that what influence he possessed
would bo exerted to prevent tho display.
The Mayor then called in company with the
other gentlemen upon Gen. Tillson, and made
a similar statement to him. He informed
Gen. T. that no application had been made to
him or to any of the city officials for permission
to use the cemetery for this celebration, and
that as the Chief Executive officer of the city
ho should interpose the power of the city to
prevent a consummation of the proposed cere
monials. Gen. T. wo are informed
Mayor that he waß totally opposed to the
whole movement, and that in his opinion it
could only lead to an estrangement of the two
races, and doubtless would arouse and excite
bitter feelings against the blacks. He also
informed the Mayor that he had no power to
prohibit the contemplated movement, and no
foice at his disposal, if he had the power.
The Mayor then ordered a strong force of the
city police placed on duty at the Cemetery
with orders to prevent the entrance of the
crowd if it should attompt to do go. About 4
o’clock or a little after a large crowd of negroes,
of all ages, colors and sexes had assembled at the
nogro school house near the Northern corner of
the Cemetery, with great quantities of flowers,
wreaths, banners, &c. A Mr. Eberhart, who
seemed to be a leader and spokesman for the
colored people, called upon the Mayor and the
other officials who had repaired to the Ceme
tery, and after a brief conference it was agreed
that those negroes who had brought flowers,
and none others, would be permitted to enter
at tho lower gate (the one nearest the graves
of the Federal soldiers) and deposite their
flowers, or make such disposition of them as
they saw fit, and that no other negroes would be
permitted to enter the gates. Th s arrangement
seemed satisfactory to Mr. Eberhart, who pro
ceeded to report the proposition of the Mayor to
the negroes. One of the members of Council
(Mr. Bothwell, we believe,) and two of our most
esteemed and respectable citizens—J. M. New
by, E-q , and Gen. Geo. W. Evans—proceeded
also to the school house and gave the colored
people their advice aud counsel, which seemed
to be well taken. Indeed quite a number of
the most intelligent confessed that they had
gone into the movement under the advice of
others, and that they were not aware that it
was offensive to our citizens, or they would
never have given their countenance to it.—
They seemed pleased with the manner of these
gentlemen towards them, and tho kindly way
*u which their advice was given, aud cordially
consented to abandon any further attempt to
■carry out their plans.
Tire Mayor directed the lower gate opened
for the admission of those who had flowers,
when the negroes all rushed to the gate for
admittance. The officer in charge bad them
promptly closed. Some parlying here en
sued, iu which the Mayor aud Capt, Bryant
took the most prominent part, the latter insist
ing that all the negroes shoul 1 be admitted
and the Mayor resolutely refusing.
There were several white womeu in the
crowd of negroes, aud to them the Mayor
sa ! d, “You can come in, ladies—there is no
objection to your entering, and ycu can have as
many of the colored people to accompany you
as you wish to carry your baskets, flowers and
wreaths.” But one of the white women
availed themselves of the invitation, when the
gate was closed aud the negroes dispersed, and
the affair ended.
We have no doubt that this was from its
inception a studied attempt to insult and
humiliate our people. We do not believe that
the black people would ever have thought of
such a thing, but for the promptings of Capt.
bryant, Eberhart and the white school teach
ers who are iu our midst. ' Their mistaken
policy of leading the colored people to en
croach upon the rights and feelings of onr
citizens, can but prompt and engender strife
and ill feelings between the two races. We do
not believe that they are intlueuced by any
great love for the negroes, but rather by a
bitter and vindictive feeling towards the
whites.
We tell the black people that their true
policy is to cultivate and deserve the friend
ship of our own citizens. With them, and
through them, they are to earu their living,
aud they will he their best friends, in the
very course of things the presence of these
people will cease, aud then if they have so
managed while their pretended friends are
here as to estrange the feelings of those with
whom their lot is cast, they will in their hour
of greatest need find themselves friendless and
unpitied.
This should afford much for serious reflec
tion to the blacks, and they should think of
this when their new friends instil into their
minds the idea that we are their enemies.
We doubt not that this unpleasant incident
will be represented as a refusal, on the part of
our authorities, to allow the graves es Federal
soldiers to be decorated. Nothing is more un
true. If the soldiers or their friends here de
sire to decorate the graves of their fallen
com ales, and prop-Tiy respect the rights and
feelings cf who those control our cemetery, we
doubt Got that they will not only bo freely
permitted to do if, but every facility will be
afforded them in executing their grateful and
proper purpose.
How Northern Opinion is iflanufattiired.
If we know our own hearts, we would shrink
from writing or publishing a line for the pur
pose of keeping aiive the bitter feelings en
gendered by the war. On the contrary, we
earnestly desire to promote a spirit of concili
ation, harmony, and muLualfriendship between
the two parties to the late struggle. There
fore, in publishing the following extracts, we
do it, not to stir up a spirit of anger toward
the wretches who revile us, but simply to put
upon the record the evidence cf the regular
system of slander by which Northern public
opinion is swayed to our injury. How can we
blame people who read such libels in news
papers, whose editors endorse them, for believ
ing that we are rebellious and cruel, and need
military control ?
A Northern paper says :
Recently two colored men presented them
selves to the office of the Freedmen’s Bureau
in Augusta, Ga., with a chain closely locked
around each one’s neck. The men tor whom
they were working bad taken the liberty of
administering one hundred la-hes the wife
ot each one, to which they objected; where
upon this hutnaue(?) employer chained one
down by the neck in the kitchen, and the other
in the smoke-house. They effected their escape;
and, upon the advice of Hon. Alexander H.
Stephens, presented themselves to General Til
son with the chains still on their necks.
No body here ha3 heard of such a case.
Here is an item from Eibert county :
Recently Gen. Tillson sent an officer into El
bert county to look after the interests of the
freed people; and while there, he fined a white
man five dollare for maltreat ng a freedmac.
The citizens, for that act threatened to mob
him and drive him away; but, inasmuch as he
had a few good, trusty soldiers who had faced
rebels many a day before, they finally con
cluded that prudence was the better part of
valor.
In Putnam county, within a week, one of
Gen. TiUson’s staff and several Northern men,
who were there hiring men to go to the Missis
sippi Valley, were mobbed, and forced to make
a summary exit from the county ! And men
representing the best families (?) in the county
were leaders iu the disgraceful affair. The citi
zens swore that they would clean out the
and and Yankee sons of b s, and “not a
and and nigger should be allowed to leave the
county.’’
The truth in reference to the above affair is,
that several Northern meu went to Putnam and
enticed about a thousand freedmea to break
contracts made with the Bureau, and leave—
whether for the West or Cuba, has not trans
pired.
Another:
At Madison there has been some trouble in
consequence of some freed men wishing to get
out of the county, while tho whites swear they
shall not leave. Their schooihouse was burnt
on the 13‘.h inst., by white men.
It was here as in Putnam, save that the ne
groes were convinced of the bad faith of those
who tried to get them to leave, and would not
go. An old house once used as a school house,
and in which the lreedmen talked of having a
school was burned, last fall; it was the act of
two or three thoughtless youths, and was de
plored by the wholecommunity whoallowed the
negroes to meet night after night for religious
and school service in the Methodist Church.—
The old Baptist Church—infinitely better than
the old Academy, has been used as a school
room
New York Cotton Market.
Much surprise was expressed on Wednesday
at the quotation of the cotton market in New
York at 24 to 2C cents. The figures indicated
a decline of about 10 cents a pound, and the
impression prevailed that it was a telegraphic
error, and should have been 34 to 36 cents.
Sharing in this impression, we affixed a mark
of doubt (?) to the quotations. To allay all
suspense, we sent a dispatch to New York on
Thursday, and received on yesterday the reply
that the figures as published were correct. Be
fore this answer came, the extraordinary
decline in Liverpool was reported. No definite
and satisfactory reasons are given for the de
cline in Liverpool, and wo are left to assume
that it results from the threatening aspect of
continental politics, and tho heavy receipts
reported from this side, together with large
estimates ani prospects of a crop of this year.
Later.— Our New York dispatch of last
night reporting the market at 31 cents seems
to nullify our private intelligence, and we may
perhaps as well fall back on the original
opinion that the figures ought to have been 34
and 36. The decline is a very serious one
anyhow.
Cholera Preventive. —Gas is said to be a
sovereign cholera disinfectant, aud escaping
gas in a house will protect the inmates against
cholera. An old physician, who has had
some experience in the treatment of cholera
cases, recommends that, when the disease ap
pears, every tenth burner in the city be turn
ed on, and the gas allowed to escape and
impregnate the atmosphere.
Dr. Hamlin, whose experience of cholera has
extended through three visitations of the
disease in Constantinople, expresses the opinion
that there is no disease which may be avoided
with so much certaiuty as cholera. If one is
prudent and temperate in diet aud drink, and
can avoid over exertion, great fatigue, great
anxiety, fright and fear, he thinks he is as safe
from cholera as from being swept away by a
comet. This opinion, he declares, is the result
of his personal investigations in at least a hun
dred cases, not less than thres-f-mrihs of which
could be traced to one or another ot the incit
ing causes mentioned.
The Crops. —Accounts of the growing wheat
and corn crop continue favorable. The heavy
rains, accompanied with severe winds, of the
past ten days, have been general, and the
weather has been quite cool for the season,
causing some apprehension of frost. The weath
er, however, has moderated and the sky is
once clear, and we trust no such calamity will
be visited upon our people. Our exchanges in
the upper part of the State made no mention
of iDjury from frost. A newspaper correspond
ent who has traveled over several hundred
miles in Pennsylvania, Delaware and Mary
land, rep'rts that, excepting perhaps one field
in twenty-live, the wheat is in fine condition.
New Express Company. —The Herald says
that a number of new express companies have
been projected lately, but they have, so far,
either been absorbed in or bought up by the
old companies. We now hear that another
one,—called the Merchants' Union, has been
organized with a capital of §5,000,000, and
that its principal office is 60on to be opened—
Elmore P. Ross, of Auburn, New York, Presi
dent, aud Wm. H. Sewatd, Jr., Vice President.
The company intends, if it does not follow
the new organizations previously mentioned,
to run over the principal loutes of the coun
try.
What Denomination. —A Western farmer,
who wished to invest the accumulation of his
industry iu United States securities, went to
Jay Cooke’s office to procure the Treasury
notes. The clerk inquired what denomination
he would have them in. Having never heard
the word used except to distinguish the reli
gious sects, he after a little deliberation, re
plied : ‘‘Well, you may give me a part in Old
School Presbyterian, to please the old lady ;
but give me the hett on't in Free Will Bap
tist.”
Kentucky Races —The Woodlawn Associa
tion. known throughout the United States as
among the first racing organizations, have made
ampie arrangements for the spring racss over
their course. These races will commence on
Monday, the Tth of May, and continue until
Thursday, the 10th.
dia WASHINGTON IETTER.
INTERESTING NOTES AND COMMENTS ON’ NATIONAL
AFFAIRS.
(FROM OUR OWN CORRESPONDENT.)
Washington', Monday, April 23.
The telegraph has already given you an
oatline of the conditions, on which the Radi
aais propose to admit the South to representa
tion ; or, to speak more correctly, by exact
ing which, they expect to ace mpiis’n tha in
definite exclusion oi the Southern people from
any participation inthecortro of national
affaire. The Reconstruction committee have
shown themselves to be adepts in the great art
of “How not to do it they have arranged
a set of propositions to which they are confi
dent the South can never agree, and it is only
too certain, I fear, that their actioi will re
ceive the plaudits and the coufi.mation of both
branches of Congress.
THR TEST OATH.
Let the people of Georgia understand at
once—for they must learn it by bitter expe
rience iu the end - that tho resolute puipose of
the men who Ebape the action of Congress, is
to allow no man now or hereafter, to sit as
Senator or Regresentative in Congress, or to
hold any Federal office whatever, unless he be
ready to swear that he has never either par
ticipated in, or in any manner sympathized
with the struggle for Southern Independence.
There is absolutely no hope of the removal cr
modification of that test, until, by the action
of the people at the polls, the political com
plexion of Congress is materially altered.
VIEWS OF THE 'SUPREME COURT.
Os the eight Judges of ’the Supreme „Court
there are five—namely, Judges Wayne, Clif
ford, Grien, Nelson aud one other—who make
no secret of their opinion that the test oath is
unconstitutional. But only the first four of
these—not a majority of the Bench—were in
favor of rendering an immediate decision in
the case which involved the constitutionality
of the test. So the case is held over and the
Court cannot officially promulgate its opinion
until its next term, which will not open until
the first Monday in December.
Sccreta.y Seward is in high glee that,
THE FRANCE-MEXICAN IMBROGLIO,
if not already at aud end, has at last ceased to
wear the threatening aspect which it has hith
erto borne. The French Minister on Saturday
called officially at the State Department and
announced the adhesion of the French Gov
ernment to the American principle of non
intervention in Mexico, and that, in pursuance
thereof, the gradual withdrawal of the French
forces from that unfortunate country wiil at
once begin, ’this is regarded as quite a tri
umph in the foreign poiicy of the Administra
tion ; but, on the other hand, we bear sinister
hints that the action of the French Emperor in
this matter is a mere juggle ; that for every
French soldier who quits the Mexican soil, ten
volunteers stand ready to take hisiplace, and
that, as regards money, Maximilian can draw
all that he may need from the treasury of
France. Time must show whether Napoleon
is thus keeping the word of promise to the ear
only to break it to the hope.
BENDING NEGRO CRIMINALS SOUTH.
Quite a singular commentary upon the recent
action of Congress in officially protesting
against and the pardoning of criminals by Eu
ropean Governments on condition of their
emigrating to the United States, is furnished
by the recent action of the Fieedmen’s Bureau
here. Under the orders of the Bureau, a large
number of negroes confined in the city jail,
charged with larceny and other crimes, have
been liberated on condition that they would qo to
Louisiana. The black rascals of course were
glad to get off on such easy terms, their travel
ling expenses being paid and subsistence fur
nished them until they cau be supplied with
places at “good wages” in the sugar State.
Not to speak of the strange contrast that this af
fords with the treatment accorded to white
criminals of the same grade, it may well be
doubted how far the people of Louisiana will
fancy the conversion of their lovely parishes
into an ebony Botany Bay.
TUE ADMISSION OF COLORADO.
The friends of the admission of Cos lorado as
a State are struggling hard to get the bill
through Congress during the present session.
An effort is now in progress in the Senate to
induce that body to reconsider the vote by
which the bill was rejected a short time ago.
If this effort should secceed the chances are
very good for another star being added to the
“galaxy” before the end of spring. Sumner
and tbo extreme wing of the Rrdical Senators
steadily oppose ths bill because tha right of
suffrage is denied to negroes in Colorado Teri
tory.
THE TIME OF THE ADJOURMENT
of Congress continues to be a matter of great
uncertainty. If any truce could be patched
up between the President and the Radicals, an
adjournment would take place
about the end of May. As it is, the leaders in
the House of Representatives continue to
threaten that they will sit the summer through-
The work of the session is well advanced, the
House having taken action on all the principal
appropriation bills. The tax and atmy bills
are also in such shape that their passage may
be expected at an early day. The Senate is
somewhat more behindhand in its business
than the House ; but. if political manoeuvering
does not prolong the session, there is no good
reason why the adjournment should bo defer
red beyond the first of June. Butternut.
Planting Large Crops in Virginia. —lt is
stated by the Lynchburg News that the farmers
of that section, the Piedmont region, and in
the southwestern portion of the State, and in
other localities of Virginia, are assiduously
devoting their time and energies to the main
objects of raising large crops of tbs various
agricultural productions during the present
year. Preparations have been made for the
cultivation of large crops of corn, and more
than an average amount of oat-e has already been
put in the ground. The wheat crop, it is gener
ally conceded, will not prove an average one,
though a better supply will be realized than
was anticipated a few weeks ago.
Trouble in Georgia.— A Nashville paper
says that the Governor of Georgia has called
upon General Thomas for troops to aid in the
execution of the laws in the Northern coun
ties of the State. In Fannin county, the civil
officers are defied by the mob and disaffected
The request was complied with yesterday, by a
squadron of the sth U. S- Cavalry being
ordered to the locality of the troubles,
The Richmond Ppess.—Arrangements are in
progress for the regular appearance of the
Richmond Enquirer. The Dispatch appears in
an enlarged and improved form. The Times,
in deference to the wishes of its patrons, has
dropped its quarto form, aud appears on a sin.
gle sheet.
The Boston Traveller says: The Southern
trade has completely collapsed, and hardly a
vessel is on its way hither from New Orleans,
Mobile, Savannah or Charleston. Our people
have probably as much cotton on hand as they
care about holding, and wish the quantity
lessened rather than increased.
The French Ordnance Committee have come
to the conclusion, first, that breach-loaders are
a mistake tor large calibres, and that for rifled
guns, throwing heavy shot, the Whitworth gun
is the best. The only thing against it is its
COSt. Jft
There are at Fort Jefferson, on the Dry Tor*
tugas. sixty-five whites and ninety five colored
prisoners. Most are undergoing sentences of
courts martial, and every day the number is
being diminished through expirations of terms
of imprisonment.
SR. tLAUSTOSfe’s GREAT REFORM SPEECH.
ENTHUSIASTIC EULOGY ON THE PEOPLE OF THE
UNITED STATKB.
The basqaet given to Mr. Gladgtone by the
Liberal party >. 1 Liverpool was a brilliant and
tjuccesslul allair. Mr. Gladstone emphatically
declared that the Government would stand or
fail by the reform bi'l which they had introdu
ced. In the course of his speech he referred
to the Fenians in America, and in strone
terms denounced their threats against the in
nocent citizens of Canada and New Brunswick
as a means of rediessing supposed wrongs,
with which they had nothing t > do. He as
serted that in the event of the heniaus proceed
ing to such a diabolical act, they would place
themselves beyond the sympathy of the whole
v.orld, and all the resources ol England would
be freely spent to assist her colonists in the
holy work of ref-defence. The Duke of
A-gyle and Mr. Goscben was among the guests
at the banquet, and made speeches in support
of the reform bill
On tha following evening Mr. Gladstone ad
dressed a great reform meeting at the Amphi
theatre, Liverpool. He adduced strong argu
ments in favor of the Government measure,
and his remarks were applauded with the
greatest enthusiasm. He pointed to the exer
tions of America in the late war a? proof of the
benefits resulting from trust in the people ;
and looking at the energy displayed on both
sides, he said :
About five or six hundred years ago, when
the subjtct of parliamentary reform was un
der discussion, it was a popu ar and fashiona
ble practice to speak of the institutions ot
America as a perfect failure, aud long orations
were delivered in the House of Commons stat
ing all the particulars of that failure, and
making use of those institutions as a bugbear
to terrify and frighten us from proceeding in
the path of ouv duty, to induce us to with
hold our confidence from our countrymen,
and insist upon retaining the narrow limits of
the present constituency. [Hear hear.) What
ba3 taken places since that 1 lam not going
to a general lecture upon the civil
war in America ; above all, lam not going
to bring forward any invidious distinctions
or any distinction at all, between one section
aud another of that great community. For
my part, my earnest and devout aspiration is
—and I believe that ia the aspiration and de
sire of Englishmen at large—for the welfare of
that nation in every part aud portion of it
the white or black, North or South. [Ap
plause ] Neither am I going to hold up
American institutions as institutions to be
preferred to our own. [Hear, hear ] But
what lam going to do is tnis : I think it is
our business as men of sense to draw lessons
from the experience of mankind, [hear, hear,]
and from the fads that come under our view,
whether they be in despotic countries or in
constitutional couutries, or in countries re
publican or democratic. [Hear, hear ] And
the point which I ask you to observe is this :
not the comparative met its of English or Amer
ican institutions, but thi3 single and important
point, of the effect that has been produced in
America by largely extended popular iranchises
by a widely spread patriotEm on the part of the
people in the choice of their governors, the
wonderful, unexampled, and almost incredible
effect that has been produced by that system
in giving forcible expression to tho national
will, and in enabling the Government to de
velop energies for the purpose of giving effect
to that will, such as have probably never been
developed in equal times aud among equal
numbers of men since the race of men began
upon the earth. [Applause] Less than 30-
000,000 of people—l do not speak of the ne
gro population, who can hardly be said to have
entered distinctly into the war, thankful as we
may be at the change it has ultimately had
upon their destinies—2o,ooo,ooo in the majori
ity and 0,000,000 in the minority coming to
the bloody issue of war upon a matter which
upon the one side and the other was heid vital
by both, have, lam bound to say, common
justice requires us to admit, developed an
amount of heroism, a power of self-sacrifice,
[hear, hear,] an energy, a perseverance, a for
getfulness of every personal interest, an
amount of actual force arrayed and marshalled
by the subjects in support of their chosen ru
lers such as I know not where to seek for in
the annals of the history of the world. [Ap
plause.] What I would say is, let us learn
lessons where we can, aud among others let us
learn them from our brethren the chil
dren of our loins in America. The
position of England is a peculiar position
in the world. England has inherited from
by-gone ages more, perhaps, of what was
most august and venerable in those ages
than any other European country, and af the
same time that her traditions of the past are so
rich and fruitful that all our minds and char
acters have, both within and beyond our know
ledge', been largely molded by them, she has
hkewisebeen exposed in the highest possible de
gree to every modem influence which the nine
teenth century has brought into activity. As
geographically she stands with Europe on the
one side of her and America on the other, so
she stands between those feudal institutions
upon which European society was formed, and
which have given her her hierachy of classes,
and on the other side those principles of equal
ity which form the basis of society in America.
Ii is the business of England, not, by servile
imitation of the one or the other to forget her
own glorious history, but on the contrary, to
cherish everything she has inherited and to im
prove it, but to improve it for the sake of pre
serving it. [Cheers.] But it is her duty while
she so Jooks upon the past to learn likewise
from the present; and if the recent events
which have taken place on the other side of
the Atlantic have demonstrated to us how, by
an enlarged franchise, augmented power cau
be marshalled on behalf of the Government,
and increased energy bo given to the action of
the nation, why then I say without risks, with
out forgetfulness of the rules of prudence and
circumspeciion, always within the limits of
modesty and moderation, but yet with
firmness, with determination we ought to
observe, copy, and appropriate the lessons
which may be so gathered from other por
tions of the experience of the human family.
[Applause ] It is sometimes said that tee
measure we propose is a democratic measure.
The word democracy has very different senses
If by democracy is meant liberty, the exten
sion to each man in his own sphere of every
privilege and franchise that he can exercise
with advantage to himself and with safety to
the State, then I confess I do not see much to
alarm us in the word democracy. [Hear, hear,
and cheers ] If by democracy is meant the
enthroning of ignorance against knowledge,
the setting up of vice in opposition to virtue,
a disregard of rank, a forgetfulness of what our
fathers have done tor us, indifference or cold
ness with regard to the inheritance we enjoy,
then I, for one, and I believe all whom I have
the honor to address, are the enemies of democ
racy. [Hear, hear.] In such a sense this is
not a democratic country. [Hear, heat.] Oa
the contrary, in this country there is a love for
that arrangement and constitution of society
which we have disinherited from former times;
and I do not believe that of the entire commu
nity there is one man in a hundred who would
disturb it if he could. [Hear, hear] There is
but one thing that can make this country from
a country aristocratic in its feelings become
democratic. That day, I think, would be an
unhappy day, and I know nothing that could
bring that day to arrive unless it were a for
ge’luiness by the British aristocracy that their
order has in all times beyond any aristocracy
in 'he world, been trustful and confiding in_it«
temper toward the people, mild and forbearing
ia its use of privilege, [hear,] ready to give
leaders to the nation in every cause that be
longed to its honor and liberty. [Applause.]
Great Gale on Labe Ontario.
Oswego, N. Y., April 25.
The gale which set in on Monday continued
up to this morning, and several disasters have
occurred to vessels on Lake Ontario. The
schooner Montana, bound from this port to
Chicago, with coal, is ashore near Oak Orchard
creek. The schooners Monticello and Traveler,
bound from French creek to Detroit are ashore,
the former at the Devii’s Nose and the latter
at Thirty Miie Point. Steam tugs and pumps
will be sent to their assistance. The schooner
Raleigh arrived in this port this morning from
Canada with the loss of her deck load of lum
ber. The schooner Coral, from Ogdeosburg,
is ashore three miles below the Devil’s Nose.
The propeller Buckeye arrived here to-day
from Toledo. This is the first vessel from
Lake Erie through the Welland canal this
season. The Captain of the Buckeye reports
he passed through about sixty miles of floating
ice on Lake Erie.
Buffalo, April 25.
The bark Tony Young and schooner Star
light, both laden with lumoer, were ashore at
Fairport, Ohio.
Mexico.
Governor Allen gives this advice in his new
Daper, the Mexican Times : “To our friends
in Griffin and Atlanta, Georgia ; in Jersey
City, Miss., in Montgomery, Alabama ; in
Dayton, Ohio ; and in New Orleans, Louisiana
we say to come to Mexico immediately, if
you have any money: Even a small capital
wiil answer. The best bargains in land and
stock can now be had for cash—a small por
tion for cash and the balance on long time,
lobe plain and candid : It yon have no
money, don’t come, stay where you are un
til you can accnmnlate some.'’
riiHlt.
EXPLOSION ON BOAB1) THE STEAMER EUROPEAN
We condense the following account of the
terriMe explosion at Aspinwall, from the cor
re-p*d*nce of the New York Times, dated
Panama 13th :
Aspinwall, on the 3d inst., was the scene of
ona of the most terrible accidents on record.
Just before 7 o’clock on the morning of that
day, the West India and Pacific Steamship
Compauj's fine steamer European was hlown
up at bar wharf, resulting in the death of more
than sixty poisons. and destroying property
to the value of three quarters of a million of
dollars. The accident, which was at first sup
posed to have arisen from powder clandestine
ly shipped by agents of the Chilian and Peru
vian Governments, was subsequently found to
have been caused by thß explosion of a large
quantity of nitro-glycerioe, described in the
bill of lading as “glonoin oil.’’ The explosion
was terrific, shaking every building in Aspin
wall from its foundation, shattering many
roofs, tearing doors and windows from their
fastenings, smashing glassware, crockery, and
scattering broken furniture over the rooms.
The European left Liverpool on the Ist day
March, touched at Port-au Prince, Kingston
and Carthageca. and arrived at Aspinwall on
the Ist day of April. She landed goods at all
the ports named above, and took in some
freight at Carthageua for the return voyage,
t-be hauled into her wharf at Aspinwall on
the 2d in the afternoon, and when the explo
sion tQok place, a gang of laborers stood on
the wharf ready to receive and take away
cargo, while a dozen or so of blacks from the
shore were between decks, ready to take it
out. They were only waiting for the clerks of
the Panama Railroad Company to check the
goods, who were fortunately that morning a
little late, as they were gathered around and
dispatching file Panama train, which should
have gono at C:3O o’clock. Had the train
gone oh time, a dozen or more American clerks
inu=t have been killed, aud probably many
merchants and others, who were also waiting
for the train to start. The explosion took
place in the alter between decks. A volume
ot fire and white smoxe ascended high in the
air, carrying up with it twenty or thirty men
from the hold and vessel’s decks, spars, bales
of goods, portions of the uppei deck, etc.,
etc., the goods unrolling as they went
up and descended in the flames, form
ing as described by those who were
at a sufficient distance to take in the el
fect, one of the most terribly magnificent
spectacles ever witnessed. Almost simultane
ously with the explosion the great iron and
staled roof of the railway company s stone
freight house was seen to lift itself a little from
its walls aud then dropped down inside of them,
smashing the lighter goods piled in the house,
and kiliiug several persons upon whom it fell.
One of the clerks, Mr. Burnham, who was in
tho freight house, seeing the roof lift, sprang
from the. high platform over a train of freight
cats on to a window-6ill, and the inner iron
shutters, by the force of the draft shutting
him off from the falling iron and elates, escaped
unhurt. Mr. Forman, another clerk, sprang
into a doorway and was saved. Mr. Calvo,
a native clerk, was torn to atoms. The great
iron doors and doorways at both ends of the
freight house were drawn inwards by the roof,
and, as well as the massive Btone work, fell
among the wreck, ihe side walls, over 300
feet in length, are standing uninjured. The
long wooden wharf of the railroad company,
on one side of which lay the European, was
af&ost completely destroyed, up to within 100
feet of the freight house. Thousands of dol
lars’worth of goods, on the end of tho wharf,
were blown into the sea or destroyed.
Twenty-two of the crew of the European, who
were in the forward lower hold, were unharm
ed.
Captain Coate, who was on deck, was so
blown to pieces as to be scarcely recognizable.
Mr. Swainson, clerk of tha Steamship Company,
was blown ontrthe wharf and killed. Mr.
Glass, chief officer; Mr. Parson, second officer ;
Dr. Burrows, surgeon ; Mr. Nisbet, engineer ;
Edward Davis, carpenter, and about a dozen
firemen and sailors were instantly killed. The
whole of the gang ot ten or twelve laborers
who were in the after between-decks, as well
as most of those waiting on the wharf to go to
work, wero killed. Altogether not lees than
sixty persons, probably more, lost their lives.
Out ot about twenty wounded, taken to the
Panama Railroad Company’s hospital, seven or
eight died During the next two days after
the accident, six bodies were washed on shore.
Immediately on the explosion the ship’s
decks were covered with Are, and the wharf
was in slimes. The fire on the latter was
extinguished by the exertions of a private
engine belonging to Walter Field, under
the control of G. Rosenthal, Esq., a
merchant, who worked with a will. The town
and wharves being still in great danger, it was
determined to pull the burning vessel out to
tea.
Gupt. Morn had just come into port with the
Royal Mail Company’s steamship Tamar, and
the anchor of the European having been gone
ten ot the crew of the United States gun
bout James Adger and other brave men, at an
eminent risk to their lives, made a cable
fast to her, and &be was towed a couple of
miles over toward the opposite shore from the
city aid abandoned. No sooner had the Ta
mar left her than another terrific explosion
took place on board, supposed this time to
havo been her powder magazine, and just
beiore 2 o’clock P. M., she settled down aft
and sunk, nothing but her smoke-pipes being
now visible.
The latest reports from Aspinwall gives the
folio wing as the number of killed and wounded:
There have been buried up to the Dresent
time. 27
Missing from the ship 12
Missing from the shore 8
Seriously wounded iu hospital, of whom 5
will probably die 17
Besides these there are a number at their
Own homes slightly wounded.
An Appeal.
Rev. H. C. Hornady publishes the following
appeal to the charitable in behalf of tho First
Baptist Church, Atlanta, which we cheerfully
lay before our readers :
It is a matter of history that the city of At
lanta lias been destroyed by the ravages of
war, and that her people have been reduced
to very great poverty. It cannot, therefore,
be expected that a people so impoverished can
do much more than repair their shattered, and
re- build their destroyed homes. But the First
Baptist Church, greatly needing a house of
worship, suitable for their purpose, have re
solved to build, a- soon as the means for the
purpose can be obtained. And as we are not
able to provide the means in the city, we are
under the necessity of looking abroad for help.
Atlanta is. a great railroad centre, where it is
very important that moral and religious in
fluence should be fostered and encouraged.
The First Baptist Church has a good lot, con
veniently located, near the great thorough,
fares, and in easy walking distance of the
hotels. We have a large and flourishing Sab
bath School, fine congregations, and altogether
an encouraging prospect of euccess in the
work of the Lord.
Now, I appeal to the friends, and brethern
who may see this notice, to aid us to the
amount of from $1 to $lO according to their
ability, and thus we may be enabled to build
without burdening aDy one' Funds designed
for this object may be directed to A. K. Seago,
to J. J. Thrasher, or to the writer. Small sums
may be sent by mail, larger ones by express.
H. C. Hornady,
Pastor Fiist Baptist Church.
The Steamer Gibbons.
The Savannah Republican, alluding to the
loss of this river steamer, says :
She wa; insured in several companies in the
city of New York to the amount of $50,000.
Some portion of her cotton was insured, Messrs.
Brady. Smith A Cos., having 225 bales insured
for $42,000 in the Mercantile Mutual Insurance
Company of New York, oi which Company
Messrs Greene, & Footman are agents here.
The Wm. G. Gibbons was built at Wilming
ton, Delaware, in July, 1865, at a cost of
$75,000, and was brought out here in the fol
lowing month, and immediately placed upon
the Doctortown route, connecting with the Al
bany and Gulf Railroad. She kept up that
c rnnection until the 4th day of November last,
when she was transferred to the Augusta route,
upon which she has subsequently been running
up to the time of her disaster.
She was a first class iron hull built boat, of
170 tons register, and was as fast as she was re
markable for the rrgularity of her trips!
The W'm. G. Gibbons has run from the time
that she wa3 launched an aggregate distance of
twenty-on) thousand miles—never missing a
connection nor having been delayed an hour in
her advertised hour of departure or arrival
from or at any point. She once made the trip
between here and Augusta in twenty-eight
hours, counting stoppages, or twenty-two run
ning hours —the fastest time ever made by a
vessel of her class—making her speed nearly
twelve miles an hoar against a strong current
and up a river. Her capacity for carrying
freight was 700 bales.
“Pap, I planted some potatoes in onr gar
den," said a smart youth to his father,“and
what do you think came up ?” “Why, pota
toes of course.” “,No siree ! There came up
a drove of hogs and ate them all,”
Judge Hook’s Decision oil the Legal Tender
Question
The following decision ot Judge J. S. Hook
upon the legal point, whether contracts made
before the passage of the act making green
backs a legal tender, are embraced in the act, is
of general interest; and we invite to it the
attention of our readers :
Wm. W. Montgomery, ]
el cU trustee, Ac., ~ , . . -
ys ’ [ Complaint for rent-
Gray. Mullarky &Cos |
This case presents the question whether a
debt made prior to the passage of the act of
-Congress of 25. h February, 18G2, making tho
Trc usury notes authorized by it, “a legal (ei -
der in payment of all debts, public and private
in the United States” falls within the operation
of the act. It was argued and earnestly in
sisted, that the whole act was unconstitutional
and void. But as this case does not make it
necessary lor me to declare an opinion as to
its constitutional validity, as to debts subse
quently made, or p.<ss upon any other featuie
than the one alluded to. I shall proceed
briefly to do so. In 1858, the plaintiff executed
a lease to defendant, of a store room, in the
city of Augusta, for ten years at a stipulated
price per annum to b 8 paid in quarterly install
ments. The installments have been regularly
paid as they have fallen due, but the defen
dant pioposed to pay the two last quartern in
legal tender treasury notes of the United
States, and plaintiff refused to take them, on
the ground that the defendant’s undertaking
and agreement was to pay in gold or silver—
the only legal tender at the time. A grave
question is thus raised for adjudication, tc-wit:
the question of ths extent of the power of
Congress over contracts, a question involving
great constitutional principles, which if fully
canvassed and considered, would require a
display of authority and an elaborateness of
argument, not compatible wish the haste and
dispatch usually and almost necessarily inci
dent to the decisions of ani si priwi couit. A
very brief statement of the reasons which
control my judgment in this case is all that will
be attempted.
The history of the formation of our govern
ment, clearly reflects its political design, and
better enables us to understand the powers in
cident to it. Before the Federal constitution
was adopted, the States wero independent sov
ereignties. For their mutual security and ad’
vantage they resolved to form a representative
head—a general government —which they did
under the name of the United States, And
they distinctly defined whac should be the
peculiar powers, rights, and duties of this
general government. It was the cieation ol
the States, and ot course, derived all its func
tions, powers, and attributes fiom them.—
The Government of the United States, there
fore, is purely and simply a government
of delegated authority. True, it is sovereign
and supreme, as it should be, iu the sphere of
its delegated powers. Two classes of powers
are conferred upon it: Those which are ex
pressly granted and usually called substantive
and independent powers, and those which are
not expressly granted, but result by implica
tion as necessary and proper for tho iuiorce
ment of the express powers, and usually called
auxiliary or implied powers. After the enum
eration in the Constitution of all the power ex
pressly conferred upon Congress, the powers,
rights and reservations guaranteed to the States
aud the people, are distinctly and comprehen
sively defined in the following clause. “The
powers not delegated to the United States by tfo
Constitution nor prohibited by it, to the States,
are reserved to the States respectively or to
the people.” If the general power to impair
the obligation of contracts is delegated to Con
gress by the Constitution, then, there would be
no doubt but that if Congress had the power to
make paper money a legal tender, they would
also have the power to declare that it should
be so as well for debts antecedently created
as for those created subsequent to the act. That
Congress has not this general power over tho
obligation of contracts, I think is evident from
the following considerations. Ist There is no
express grant for it. 2nd. The only express
grant on this subject at all, is one which limits
the power to the right to pass “uniform laws
on the subject of bankruptcies.” This signifi
cant iact at once discloses the purpose of the
framers of the Constitution to define very
clearly how far the government was to be per
mitted to go iu the exercise of this most deli
cate and important power, and explains the
scope and design of ibe Constitution to be the
assertion of the absolute inviolability of all
contracts except as therein excepted. It can
not as it seems to me in view of this fact, bo
insisted with propriety that the prohibition
on the States, raises a necessary impli
cation of the power of the general
government. Mr, Duor, in his popular
and lucid “lectures on Constitutional jurispru
dence’’ says “but the National Legislature
has no power to interfere with contracts ex
cept when it is expressly given to it. By the
obligation of contracts in the meaning and in
tendment of the Constitution, is understood
not merely the moral but the legal obligation.
Nor is it an obligation arising from the uni
versal law of Givilized nations, but that which
results from the laws of the State whoie tho
contract is made; and in this sense, a system
of bankruptcy impairs the obligation of con
tracts when it releases the party from the ne
cessity of performing them. But Congress is
expressly invested with this power iu regard
to bankruptcies as an enumerated, aDd not
ss an implied power ; and in no other form
can it impair the obligation of a contract,
[Duer’s Lee- Con. Jur. 2d Ed. page 350.] It can
never be right to imply the power to do a
wrong. It is certainly a wrong to make the
creditor against his consent, accept 75 dollars
for 100 dollars justly due him upon bona fide
contract. Even a bankrupt law, which Con
gress as we have seen is allowed to pass, is free
from one feature which appears in this; for
this allows the debtor, be he ever so abie to
pay, to keep the twenty-five dollars which
rightfully belongs to his creditor, while the
bankrupt law requires a full surrender of all
the debtor’s property. There isneither reason,
justice or propriety in a proceeding like this!
I have been able to find no authoritative case
in the books sustaining the general proposition
that the prohibition to the States to impair the
obligation of contracts was an implication of
the power in Congress. An obiter dictum of
Justice Washington in the case of Eaton, vs.
Evans Ist Petsrs C. C. Rep. 322, is to be
found to this effect. But this was not a
point however, mainly relied on in the case,
and when afterwards the whole case went be
fore the Supreme Court of the United States,
Chief Justice Marshall, in pronouncing the
judgment of tho Court, took no notice what
ever cf this obiter of the Circuit Judge.
At the time the contract in this case was
made, gold and silver were the only money
legally recognized as a tender in payment of
debts. The parties are therefore presumed
to have contemplated this money in making
their contract; and the obligation of the con
tract therefore is to pay this money. It is a
doctrine well sustained t>y authoiity that con
tracts have reference to the laws relating to or
in any wise affecting them, that are of force at
the time the contract was made, and that all
each laws enter into and become a part of the
contract. This do;trine rests on that
the contracting parties aro presumed to know
the law and make their agreements in refer
ence to it. 1 Kent. Com. 421. 16 John Rep.
233. 13 Mass. Rep. 1, 7 John Ch. Rep. 297
Now any law which would in anywise change the
terms of a pre existing contract, would be a law
impairing the obligation thereof. Chief Justice
Marshall fully recognized this distinction in re
gard to debts alreadv in existence in Sturgis
vs. Crowninshield 4 Wheat. 122,by maintaining
as he did in that case the principle, that an
insolvent act discharging the debtor from his
contract existing when the law passed, so that
his future acquisitions could not be touched,
was unconstitutional and the discharge obtain
ed under it void. Many other authorities
might be cited in support of this position, but
it is not my purpose to go into this question
at large.
Certainly in the case at bar, it was not tbe
intention of the contracting parties that the
obligation was to be, or might be, discharg
ed by payment in something which then, was
not money. A dollar in the legal tender
Treasury notes of the United States owing tc
obvious causes, falls short more than a fourth
in value of the gold or silver dollar which
this contract contemplated. I cannot with the
lights before me hold that it was within the
Constitutional competency of Congress to
declare by tbe act in question that
contracts founded upon gold and silver
cnrrtncy could bo discharged by pay
ment in a currency of less value subsequently
created. Contracts for the payment of money
contemplate a specific value and their obliga
tion connot be discharged short of an exact
compliance
It is therefore my opinion that in so far as
the tender act of Congress of the 25th Feb
ruary 1862 applies to debts made prior to its
passage, it is a law not in pursuance of the Con
stitution of the United States, and to that ex
tent not obligatory upon the people. By the
very terms of the Constitution the power to
impair the obligation of contracts is prohibited
to the States. By the well established rules
for construing the Constitution, the General
Government is also denied tbe power except
as heretofoie excepted. So that, it results,
that the general power to impair the obliga
tion of contracts is reserved to tbe people; and
nntil they declare otherwse by amendment to
the Constitution, such power cannot bo exerch -
ed by Congress, ihe plaintiff is therefore
hereby permitted to taka his judgment in
conformity with this opinion.
Jas. S. Hook.
Judge, S. C. M. Dist.
Loiter from a i’reiuinent Floridian.
We find in the Floridian the following letter
from Judge Marvin, recently elected Sena
tor of that State, which will be of interest
also to many Georgia rea l era :
Washington, April 7, 1806.
My Dear Sir—l have been for some weeks
past diligently engaged in Florida business,
and as I receive many letters from there, and
it is difficult fur mo to respond to each, I will
thank you to notice a few things of public
interest in your paper. And first, there does
not at present appear to be any prospect that
the Southern U. S. Senators or Representatives
will be admitted to their seats in Congress
until after another election of members. The
difference between the President and the radi
cal majority in Congress has developed itsslf
more and more, the radicals charging the Presi
dent with usurpation of power in attempting
the reorganization of the State governments,
without a previous act of Congress to authorize
it, and the President charging the radicals
with being disnnicnists because they are un
willing to have reconstruction on the b sis of
the Constitution as it is. 'The radio Us ato
revolutionists—the Piesideut conservative. In
my judgment, the President is right, and the
radicals are wrong. The deficiency can only
be settled by an appeal to the people at the
next elections.
I bope and beliove the people will sustain
the President. In the meantime the execu
tive departments of the Go\ eminent seem to
be disposed to do ample justice to the South
ern people, so far as they are not prevented by
laws passed in time of war and not yet repealed.
The people of Florida, protected by their own
Slate government and employed in rebuilding
their fortunes, will get along pretty well
whether they are represented in Congress or
not for the next year or two. JKapresoutation
for the whole South will come. The national
government is to be re-establhhed and the
South is to have all its power aud influence in
the government restored .to it. In the mean
time, a severe political campaign is to go on
at the North in which the South will be inter
ested, but in which it can do but little. Pru
dence, patience and forbearance is at present
our policy.
Alexander H. Stepnens has been here some
days. I called on him a day or two ago and
dined with him at Justice Wayne’syesteidav. He
has had two or three long interviews with the
President, and I have had several fiee conver
sations with him. He believes as 1 do, that
ihe Union will and must be restored on tho
basis of the Constitution as it is. the Slates re
taining all their ri served rights.
Many poisons in Florida are still interested
in procuring pardons, so that (hey may get
property restored or protected and they safely
re-engaga in business. 1 have assurances '.bat
a considerable number will soon be granted
and sent to the Governor for distribution * *
My sympathies have been very much inter
ested for that class ,of persons whose houses
and lands have been sold for taxes in St Au
gustine and Fernandinu. Their’s are hard cases.
Away from home, in tho midst of a terrible
war, their houses and lands were forfeited to
the Government under the law, because they
did not pay the taxes within sixty days after
the assessment, of which tney had no knowl
edge. The purchasers of these liousss and
lands, were in many instances, mere specula
tors upon the miseries and distress of widows
and orphans and innoceDt persons. But stiii,
if these sales have been conducted according to
the constitution and the laws, 1 know cf no
remedy. But iu order to ascertain whether
they have been so conducted or not, the Sec
retary of the Treasury assures me that he will
appoint a ccmtnissioner to proceed to Florida
and take proof on the subject. This will give
to the persons interested an opportunity to
bring witnesses and testimony tending to im
peach or invalidate the sales, and so lay the
foundations of other proceeding* so repossess
themselves of their houses and lots, if the con
stitution and laws will permit it. It is probable
that in the end, the courts must decide the
questions involved, but a preliminary inquiry
into the facts by a Government commissioner
will facilitate tho final settlement.
I learn at all the different departments that
claims against the Government from the South
existing prior to 18G1 are not paid. • They are
suspended until the sense of Congress can be
taken on the subject.
I have received a large number of letters
asking for my assistance to procure the resto
ration of houses and lots heid byt.be special
agentß of the Treasury or the Freedmen’s
Bureau on the ground that they were aban
doned property. There has been in nearly all
these cases much wrong done by these special
agents of the Treasury, who exercised their
authority and held property to be abandoned
which was not abandoned within the meaning
of the law. But the question is how to get it
restored to the true owners. The law makes
it the duty of the special agents of the Treasury
to turn the property over to the agents of the
Bureau, and the agents of the Bureau are
instructed by Gen. Howard to turn the proper
ty over to the owner, upon liia application in
writing to the Assistant Commissioner in (ho
State, and upon showing that he bad been par
doned by taking the amnesty oath. No di
rect relief is given here at Washington, aud
all the necessary orders have been issued from
the Treasury department and from Gene al
Howard, the Commissioner of the Freedmen’s
Bureau, for the restoration of the abandoned
property in Florida. Application should
therefore be made to Colonel Osborn, the As
sistant Commissioner at Tallahassee.
I am very respectfully,
Your obedient servant,
Wm. Marvin.
Victor Hugo anil the Barber.
A pleasant anecdote about Victor Hugo’s
literary habits, is told at great length in the
Petit Revue by a neighbor of his, as long ago
as 1838, when both had chambers on the Place
Royale, and occasionally met at one Brassiet’s,
a barber and hair-dresser of the quarter.
Going in to be shaved one morning, I said,
“Well, Monsieur Brassier, how is business to
day ?” “Excellent, sir, excellent ; in fact, al
more than I can attend to. Balls and parties
everywhere. Here, you see, is a list of thirty
ladies, whose heads are to be dressed between
now and evening.” Dropping in at Brassier’s
a few days after, I asked : “And how did you
get on with your tffirty lady customers the
other day?” “Don’t speak of it ; couldn’t
attend to mote than half ot them, and lost a
dozen or so of good customers, ali along of
Mr. Victor Hugo.” “But bow did Victor
Hugo have anything to do with it?” “Why,
this was the way of it, sir: live minute- after
you left, in he came and seated himself in this
very chair. I put a napkin about his neck,
and was on the point of putting my brush to
him, when"suddeniy waiving off my haud, he
cried out, ‘wait a minute.’ And with that, bo
took out bis pencil and began lumbling in ail
his pockets for something be aid not find.
Then, all at once, seeing a sheet of paper on the
table, he took possesion of it and fell to writing,
In spite of the hurry I was in I was willing
♦o wait for him to finish ; bat he, without
paying any more attention to me than though
I had been at the other end of the town, kept
scratching on, stopping now and then to bite
the end of his pencil. Write away, said Ito
myself, bat if yon can read it afterward you
are a lucky one. ft was a horrible scrawl, sir,
you may believe me. And they pretend he is
a good writer 1 Then I said to him respect
fully, ‘When you are ready, sir.’ ‘ln a se
cond,’ says he, and on be goes with his scrib
ble, stopping for a minute to look op to the
ceiling, and then at it again ; I meanwhile,
you understand, with brush and a soap cup in
band, and ready to buist. Finally, I ventured
to say : ‘Beg pardon, sir, but I am extremeiy
busy to day.’ ‘Oh, busy, are you?’ says he,
‘so am I,’ and with that he got up and went
out. ‘You have forgot your hat, sir,’ said I.
‘Why, to be sure,’ says-he with a smile, aud
clapped it on, and went away without being
shaved. ‘Now, boys,’ I called to my journey
men, ‘you have not a minute to lose ; you
will go straight to the addresses I give you.
The list here—but where is the list ? What
have you done with the list ?’ ‘lt was on the
table a moment ago,’ said one of the boyg.
‘Are you sure ?’ ‘Perfectly,’ Will you believe
me, sir, it was on the back of that list that Mr.
Viotor Hugo had been writing ;'and he car
ried it off with him all covered with his quail
tracks, and that is the way he lost me my thirty
customers.’’
The New York Tribune proposes, in future,
to try white people in the bouth, before black
juries, on the ground that that is the only
way to secure their conviction. What next ?
Ten thousand additional houses are needed
to-day in New York and Brooklyn.
The Tennessee Legislature have re
fused to re-admit the bolting members bv a
vote of 42 to 18.
There are ninety stores placarded for rent in
the city of Dubuque, lowa.
Ihe lake tunnel at Chicago is nearly two
thirds completed.
The New Yoik Legislature adjourned sine
die on tbe 20th.