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j|| ■ ■ .. t. OLD SERIES, VOL. LXXVI. tfluonicle & Sftitinrl. IIK.VHY mooki:, A. It. tV 11If> I IT. TERMS OF »l B»( BIPTIO.N. WEEKLY. s motthu *5 t months . . Y.. .. . . . . . . Y. Y. Y.'. 1 50 1 3 w A t T Ot T ST GA t W KBXKBDAY MOKXIX®, JTXK •>. Lieut W. A. Wright has laid upon otir la til ft u specimen. of the cotton now growing on his plantation in Jefferson county- The cotton is hv Tar the finest we have seen the stalks measuring fifteen inches in length. I.t. \V. estimates the ratio*of the crops of cotton anil corn in his j neighlxirhood at two-thirds of the former to one-third ol the latter. The Daily Opinion.— I The Atlanta Daily Opinion lias been sold out to the “Atlanta Republican Association.” As the Opinion lias been conducted in the in terest of the Republican party, its political complexion will remain unchanged; that is to say, it will advocate the Black Repuhli cari programme. The name “Little Ifingy,” as applied by tlie Hens Era , is now more appropriate than ever. Jf DOE StaVBEK YH OPINION.--In com mon, doubtless, withal! our readers, we confess to a feeling of disappointment in not getting from the learned Attorney <icneral an ‘'opinion" as to the power of the District Commanders under the Mili tary Rill. W'e bo |si soon to be able to lay before the leaders of the Chronicle <t Sent i nel his views upon tliat point. For tlie present we must lie content to receive Ihe long, able and, in general, correct “opinion" as to the persons who are dis franchised under Hint law. In view of the great interest which id) our people take in Uiisiiiiportanl subject, we give tlie opinion in full to the exclusion of our usnal variety of reading matter. Robbery.—The residence of one of tlie Iklitors of this paper was burglariously entered, on Saturday evening while the family were at tea, and a quantity of clothing belonging to the ladies of the family, “taken, stolen and carried away.” Information of the larceny was given to our eifieienl Chief of I’ollee, with a descrip tion of the articles stolen, and we are glad to state that early yesterday not only were the robbers detected but tlie most of the stolen property was recovered. To tlie (‘liiof of Police and his aide as sistants, we tender our grateful acknowl edgments for their /.eal, energy and “skill,” in tracing out this bold robbery at.il bringing the offenders to the liarof justice for trial. The parties concerned in tlie thett are throe well known villains (freodmon) who have been recently discharged from custody for similar acts of lawlessness. Another Robbery.—The residence on Broad street, nour the lower market, occu pied by some of tlie teachers of the colored schools, win} entered Sunday night by negroes and clothing and other articles stolen. The trunk of a Miss Sherman was taken from tlie house. One of tlie gang was arrested yesterday, and when ques tioned as to what disposition lie had made of the stolen articles, he stated that lie had presented his sister witli one of the drosses, and tlmt ho hud given tlie trunk in charge of another negro who, in turn, stole it from him. It appears, from •his dis closures, that there is a regular organized gang dr thieves, who make it I heir busi ness to -steal nil within their reach. Our police oWners have exhibited great elli 1 cieney in ferrettiug out the perpetrators of those petty robberies. At a meeting of tlie employees of tlie Georgia Railroad, held in the Georgia Rail road MacliinoShop on Saturday, May 25, at 5 o’clock p. ut., the following resolutions were passed : Resolved, That tho thanks of the meet ing are tendered to tlie (lominittoe of Ar ratlßSi'n'enM': they have done their whole duty, and have given universal satisfac tion. Resolved, That the thanks of the em ployees of the Georgia Railroad are hereby tendered to our worthy Superintendent, K, W. Cole, for the Use of tlie train anil other favors granted, thereby making our day one of enjoyment; also to Gov. ft. W. Crawford and the Trustees of the Church fur,the use of ground. Church, Ac ; to M. Hymns, Mosher A Cos., Mrs. Frederick, l-;.‘ It. Purcell, Fullerton, Small and others for favors ; lust, but not least, to John King, tho I*, 'ti. Barbecue Superin tendent ; hope that after blackberry-time be will return to biirbecueing. Resolved, That a separate vote of thanks is hereby tendered to tlie ladies composing the Special t 'em m it tee. J. K. Macmi rphey, ( liairmati. City Court. —The regular quarterly session of this Court commenced on Mon day, Jtitlgn Snead presiding. Tlie juries, Grand and Petit, were promptly in at tendance, and the Court lias organized with lint very little delay. Judge Snead delivered a sound and in structive charge to the Grand Jury, in which their several duties were clearly defined and intelligently explained. Discharged.—John lv Ilayes, the editor of the Savannah Republican, who has been confined In Chatham county jail for some weeks past, fora failure to pay tlie fine imposts! upon him by Judge Fleming, for “libeling" the Hon. Solomon Cohen, lias been discharged from custody. The following note, which we clip from the Republican of yesterday, explains the manner of his release: Savannah, May iCM, Ist™.—John E. Hay ks, F.sq. - Den r Sir : You are forth with discharged from my custody, by ol der of Governor Jenkins. Yours, very respectfully, Waring RrssKi.r., Jailor C. C. A Contrast. —The Central Park Police of New York, it is well known, wore a grey uniform while on iluty, hut (ion. l’ope prohibits the police of Mobile from wearing a similar uniform. This is liber ty, is not it ? KmcATiON of SorriiKitN Girls.—A society lias boon formed in Baltimore upon the following basis : I. The society shall be called “The So ciety for tln> liberal education of Southern Female Children," aud shall have for its members all ladies who will contribute live dollars per annum toward its support. 11. The object of the Society shall be the education and support of female children from the South, whom the calamities of war have deprived of other means ol'edu- | cation, and whose families and friends j shall be willing to entrust them to the So- i eietv to bo eared for, and educated in the | religious faith approved by their parents j or nearest friends. How to Avoid the Cit- iYoum.—lt has been said that the cut-worm is pecu liarly bad in corn planted after an overflow. The I'btntrrs Router says : A planter suggests to us that where ground was plowed aud ready for planting before the overflow, eoru may be planted as the water leaves it, in the overflowed regions, by thrusting it into the mud, even where the hands wade in the water in water furrows. The corn comes up quickly, and is soon out of the way of the worms. Our informer has tried it and met with the best success in former years, where other planters have lost their crops by the worm. Soaking the corn in lime water is also said to be a good protection against the worm. We have heard tar water recommended. Keep rr Before the People.— When you hear a Radical talking about the Mo bile riot, says a contemporary, poke this fact in his face: “Not a single colored man was hurt, and there must have been three thousand of them on the ground. In that large A-owd none but white per sons were bruised, clubbed and shot. This is conclusive evidence that there was no attack by white men.'' One dry goods house in Chicago last year did a business of $9,200,000, and fifty-eight firm's did a business of over $1,000,000. The liOuisviJle Courier says :—“ With out a single exception, the Jacobin dema gogues who are engaged in making bully ing and insulting speeches through the prostrated and helpless South took good care to keep away from there while the w%r was going on. The bully i s nearly always a coward. ’ Opinion of the Attornej General ON THE KKcoiNft I R U C TIO NAC T S. Washington May 20, p. m. —The At torney General has prepared the following opinion upon the clauses of the Reconstruc tion Act. with reference to voting and holding office. The provisions reiati e to the powers and duties of commanding officers, etc., wiil be considered in a future opinion. Attorney General s Office, i May 24, 1*67. j The President, Sir :—I have the honor to state my opinion upon questions arising under act March 2d, 1367, entitled an Act to provide for a more efficient government of the rebel. States, and ictof March 23d, 1867, entitled "an Act supplementary to an act entitled an act to provide for a mo re efficient ! government of rebel States,” upon which i questions of Military Commanders of Dis tricts in which those States are comprised have asked your instructions. The lirst i and most important of these questions may I be thusstatei: “Who are entitled to vote, aud who are disqualified from voting at elections provided for. orcoming within the provision of these acts ? The first provision upon thG subject is: to be found in fifth section of the original act, and declares | the qualification and disqualification of | voters for election, to lie held lor delegates ! to proposed constitutional convention in each State, and for election to be held for ratification of constitution that may be framed by such convention. That section provides that delegates to such convention shall be elected by male citizens of said .State, twenty-one years old upward, of whatever race, color, or previous condi tion, who have been resident in said Stale for one year previous to day of such elec tion, except such as may be disfranchised for participating in rebellion, or lor felony at common law, and that same qualifica tion so required for election of delegates shall also be required upon election for rat ification. The proviso to this section also excludes from right to vote for, delegates to convention every person excluded from privilege of holding office by an amendment to the Constitution of the United States, proposed by the Thirty-Ninth Congress, and known as Article Fourteenth. The sixth section provides “ that until tho people of tho said rebel States shall be by law admitted to representation in the Congress of the United States, any civil governments which may exist therein .-ball be deemed provis ional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control or supersede the same, and in all elections to any office under such provisional govern ments, all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this act, and no person shall be eligible to any office under any such provisional gov ernments who would be disqualified from holding office under provisions of the third article, section, of said Constitutional amendment. It. is to be observed here that qualification of a voter are, by fifth section, limited to election of delegates to the Convention and to question whether such. Convention shall or shall not be held, and that no qualification is declared for a delegate so to be elected, but by sixtli section same qualifications as to a voter are required in all elections to any office under the existing provisional govern ments during their continuance; and as to eligibility at such elections certain classes are excluded. The lirst section of the Supplemental Act provides that, “the commanding General in each district shall cause a registration to he made of male citizens of the United States, twenty one years of age and up ward, residents in each county or parish in State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by an original act. The per son offering himself for registration is also required to take an oath. For conve nience, I now divide into paragraphs or sec tions, preserving as near as may be the lan guage of the act. He must swear or affirm as follows: First—That he is a citizen of the State, and has resided in said State for ——- months, next preceding day when he took oath, and that lie now resides in county of , or in parish of , in said State. Second—That he is twenty one years old. Third —That he has not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States. Fourth—That he has never been a member of any State Legislature, nor held any executive, or judicial office in any State, and afterward engaged ; in insurrection or rebellion against the j United States, or given aid or comfort to I the enemies thereof. Fisth —That lie has [ never taken an oath as a member of Con- j gross of the United States or as an officer j of the United States, or as a member of j any State Legislature, or as au executive j or judicial officer of any State, to support | the Constitution of the United States and j afterward engaged in insurrection or re-| bellion against the United States, or given aid or comfort to the enemies thereof, j Sixth —That he will faithfully support the i Constitution and obey the laws of the j United States, and will, to the best of bis \ ability, encourage others so to do. The \ second section of this Act provides that j after the completion of this registration in any State, and after at least thirty days’ public notice of the time and places which the Commanding General shall appoint, t and direct au election shall be held for ! delegates to the Convention, and a rule | is given to fix the number of delegates to be i elected, and apportionment of their dele- j gates in proper civil sub-divisions, giving ; to each sub-division representation in ratio of registered voters. Third section pro vides that at elections for delegates, regis tered voters shall vote for or against con vention. Fourth section provides for elec tion to ratify the constitution that may be framed by delegates, aud right to vote at this election is confined to persons regis tered. Sixth section provides that all elections in States mentioned in said origi nal act shall, during operation of such act, Iks by ballot, and all officers making said registration of voters, and conducting said elections shall, before entering upon the discharge of their duties, take an oath pro- | scribed by the Act of January 2d, ISti2, entitled “ an act to prescribe an oath of j office.' The first consideration which re quires my attention upon the question as to the right to vote arises upon the registration of voters, 'flic question of qualification or disqualification is fixed by registration ; no power is given to any other board or any other authority. After registration is completed, to change regis try, persons whose names are admitted to registration are entitled to vote, subject to the limitations hereinafter mentioned, and none others. Thus, registration must be completed before the tirsc day of Sep tember, 18t’>7. The functions of the board as a board of registration cannot be ex tended beyond that fixed time, but after that, the duties which remain to lie per formed by the officers composing this board arc limited to holding and superin tending elections, and making proper re turns to the Commanding General. This brings us to the direct question, who are entitled to registration ? First, as to citi zenship, and residence—no person is en titled to vote who shall not be resident in the State for one year previous to the day of election. It is not necessary that his previous residence fora year should exist at the time the person applies lor registration: a person in all other respects entitled to vote is entitled to registration, although he has uot at that titue been a resident of the State for a full year. For we find in i the Supplemental Act that the oath as to j residence does not require the applicant to i swear ho has then been a resident for a year, but ouly requires ‘ him to state the number of months of his residence, con- , templating a period less than as well as a j full term of twelve months ; therefore, j as to such a person so registered if it | happen at any election subsequently to be | held, that time of liis residence, counting , from the day ot election, does not cover an j entire year he cannot vote at such election, j for the Supplemental Act does not as j to residence change the provisions of the J original act as it is expressly provided by it ; as to registration: that it shall include ouly those who are qualified to vote by the | original act. to carry out purposes of law in this respect as to residence. The board ot registration should note opposite the name of the person whose residence has not ex | tended to full term and the exact time iof his residence as to citizenship. Qualification stated in original act. is citi xensbip of State, but by tirst urst 1 section, in supplemental act of registration 1 is to be madeof male citizens of the L tilted j States, and as to oath the applicant is only required to swear that he is a citizen l of a State. lam of the opinion that the ! phrase citizen of the State, as used in the ! oath, unintended to include only such per sons as are citizensof the United States and citizensof a State, aud that an alien whoha.- notbeemnadeaeitizeuof the I nited States, cannot safely take the oath; but as a board 1 of registration have only authority to ad ! minister the prescribed oath, they cannot | require any further oath or proof as to citi j zenship, and if an alien is not made a citi zen of the United Suite -and takes the oath, | he takes it at his peril, and is subject to prosecution for perjury. Second—as to age, no one is entitled to registration who is not twenty-one years of age on the day he applies for registration. In this re spect qualification as to age differs from qualification as to residence, and in fact that must exist at the date of registration, his relation to day of regis tration. and not to day of subsequent elec tion. Third—next &s to disfranchisement. I shall consider various clauses of dis franchisement according to order and divis ion into section herein before stated, and first as to general clause declaring dis franchisement. Fifth section of the origi nal act denies the right to vote to such as may be disfranchised for participation in rebellion, or for felony at common law. Words here used, in the rebellion, must be taken to mean recent rebeliioif, but supplemental act enlarged the disqualifica tion and requires the applicant?to swear that he has not beet) disfranchised for participation in any rebellion or civil war again-t the United States, nor fordelony committed against the laws of any State or tlie United States. What, then, works a disfranchisement under these provisions— whether we consider this disability as arising out of a participation in a rebellion; or the commission of felony—the mere fact of participation, or the commission of a ieloaious offence does not of itself work disfranchisement. It must he ascertained by judgment of court, or Legislative act, passed by competent authority. Dis franchisement for felony committed against the laws of a State or the United States, consequently depends on a conviction in the courts either of «hc United States, or of a State, or declared by the laws of either would be fatal under these acts. I am not aware of any law of the United States which works disfranchisement as to the right of suffrage by force ol act itself, nor does such consequence follow from the conviction for treason, or conspiracy to commit treason, or for any other act of participation in rebellion. The provision in the Constitution of the United States as to treason against the United States, does not declare what shall lie punishment on conviction of treason. That is left to Con gress, with the limitation that corruption of blood shall not follow as a ‘consequence, or any forfeiture, except during the life of the party. Congress in the exercise of its power to declare punishment has limited sfich punishment as a consequence ol con viction to the penalty of death or imprison ment and manumission of slaves owned by the party, and to disqualification from holding any office under the United-States. I am not advised of any statute law in force, in either of these ten States, except perhaps Virginia, which declares disfran chisement as to the right of suffrage by force of the act itself. The fourth and fifth sections may he considered together. The party applying for registration must swear, that “1 have never been a member of any State Legislature, nor held any executive or judicial office in any State, and afterward engaged in insurrection or re bellion against the United States, or given j aid and comfort to the enemies thereof; ; that I have never taken an oath as mem ber of Congress of the United States, j or as an officer of the United States, j or as a member of any State Legisla- j ture, or as an executive or judi cial officer in any State, to support the Constitution of the United States, aud afterward engaged in insurrection or re bellion against the United States, or given aid or comfort to the enemies thereof.” These clauses of the oath, in effect, extend disfranchisement beyond the provisions of’ the original act, and the prior clauses of the oath itself, in tho important particular that neither conviction nor judgment of court, nor an express legislative enactment, is required to establish the fact of disfran chisement. In legal parlance, disfranchise ment under the clauses of the oath, results from matters in pan —but in one respect these clauses .limit the generality of the original act, as to disfranchisement. The original act which contemplates disfran chisement under these clauses does not arise from participation in rebellion alone, but other elements must concur —that is to say, holding certain offices, or taking official oatli of certain offices, and afterward par ticipating in rebellion against the United States. The consideration of these two clauses leads to two distinct subjects, which are matters of inquiry; first, what ufficesor officers are comprehended ? Second, what aefs amount to engaging in insurrection or rebellion against the United States, or giving aid and comfort to the enemies thereof? I will at first consider what offices or officers are comprehended. As to some officers there is no room for doubt. Members of the State Legislature and members of Congress are cKarly enough designated. The question might, however, arise whether a Conven tion held in the State for framing, or the amendment of its constitution, would answer to the description of a State Legis lature within the meaning of the act. Such a Convention, although it is clothed with legislative power, cannot properly be denominated a State Legislature, and in the acts now under consideration, a Con vention and Legislature are expressly dis tinguished from each other, for they require the Constitution to be framed by a Convention, and they require the Legisla ture of the same State to adopt the Con stitutional Amendment. When, then, in the same act, they again u»o the phrase. “ Legislature .of the State,” they must be understood to use it iti the same sense, and as distinguished from a Constitutional’ Convention. But, as to those legislative bodies which passed what is called ordi- . nances of secession, by whatever name j they may have been called, I am of | opinion that their members are properly comprehended within the disqualifying clause, for I can imagine no official legis lative position in which the duty of alle- ; giance was more distinctly violated. The next and more difficult inquiry is, who is to be considered an officer of the United j States, or an executive or judicial officer ■ of any State within the meaning of these j clauses? Various classes of officers arc here intended—State officers and Federal officers, and executive or judicial offi cers—no legislative officer is mentioned ex cept members of State Legislatures or | members of Congress. The descriptions used as to other officers, are as to State of ficers, that they must be judicial or exec- | utiVe, and as to a Federal officer, the j terms executive or judicial are not ex- ! pressed. He is described simply as. an | officer of the United States. It has been ! i shown that Federal officers and State offi- j ! eers arc classified separately in the clauses | |of the act under consideration. I deem it : profitable and conducive to a dear order, i ' to follow this classification. 1 shall accord- | ingly first consider what State officers are ’ included in the terms executive or judicial, j Tills phrase is twice used in these clauses, with the superadded description, “in any ; State," in the first clause, “of any State,” j in the second clause, I think the controlling I term of description, if there is any repug nancy in tho terms, must be taken to be the last; for that is used in the lirst clause, and to others._ Besides, it is the same ; term of description used in the act of Con ; gress of 178 fl, declaring what State officers are required to take tlie oath to support j the Constitution of the United States, and : in the third section of the Constitutional ! Amendment, both use the same terms of : description, executive and judicial ofli- I cers of a State. The terms are so gener al and indefinite, that they fail to ex press with sufficient certainty, a designa tion of the persons intended to be reached, j It is to be regretted in a matter of so much importance that the rule of designation adopted as to members of Congress, and of a State Legislature, had not been followed up, or if that were found impracticable, that some more definite general rules had not been declared. The uncertainty be comes manifest in the application of the law, and this uncertainty necessitates con ; struction. The necessity for construction which arises from the generality of the law. cannot be better stated than in the lan guage of Plowden. “Though the words be general, they are reduced to a particu larity by exposition made according to the ! intent ot the act. These statutes which comprehend all thiugs in the letter, the 1 sages of the law have expounded to ex tend but to some things. Those which generally prohibit all people from doing such an act, they have interpreted to per mit some persons to do it, and those which include every person in the letter, they have adjudged to reach some persons.only. All is founded upon the intent collected by considering the case and necessity of the act. and comparing one part with another, and sometimes by foreign circumstances.’’ I deem it proper hereto fix some clear idea of the general intent of these acts, and by what rule of construction, strict or liberal, that intent may best be arrived at. The in t)?nt as expressed is to enable the people of caehot these States to frame a Constitu tion tor the State, by the exercise of the right oi suffrage. There are clauses ot the act giving the right by general terms ot description to the people general ! . ana especially to those who have never eujot ed the right before. There are other clauses ot toe act which by general terms. ; take awa;> this right of suffrage from those who have always enjoyed it. "The rule of construction as to the clauses which eive the right must be liberal, and as to them, the general terms are not to be re stricted : but as to those clauses which , derogate from the existing right, the rule AUGUSTA, GA.. WEDNESDAYjmORNING, JUNE 5. 1867. : pf construction must be strict, that none should be excluded who are not clearly within the letter and intent. I begin, then. with the inquiry whether the officers of the militia of a State are embraced within these terms of description, and 1 : have no doubt that they are not. Cer tainly Congress, as to the officers of a State, was not content to use the term at large, and without qualification, but, as we see. intended to qualify the usual word. To ftanifest that intent would been adopted, and the terms would have been the “Judicial and Executive, the civil or mili tary officers of the State. ” Accordingly we find when that was the purpose, as we see it was in the third section of the Con i stitutional Amendment, known as Article : 14, Congress expressed that purpose very : clearly. That section provides that “no | person shall be a Senator or Kepresenta : tive in Congtess, or an elector of Presiden t or Vjee President, or hold any office, civil or military, under the United States, or as a member of any State Legislature, or as an executive or Judicial officer of the State to support the Constitution of the United States, who shall have engaged in | insurrection or rebellion against the same, # or given aid and comfort to the enemies I thereof.” This third section is expressly re ferred to more than once in these acts. It is made, in fact, part of these acts. Its language is followed, word for word, in ; these disqualifying clauses, as far as was possible, except in the particular in which ! one is made to apply to eligibility, and the other to the right to vote. When, there fore, we find that Congress, in declaring what persons shall be disfranchised from holding any office, expressly includes mili tary as well as civil officers, as in the third section of the amendment, and in providing what persons shall be disfran chised from voting, who held any office, omit to mention military officers we Cannot escape from the conclusion that military officers were not here within their con templation. It is impossible to imagine a case in which the construction from laws in pari materia has a more cogent applica tion, for it is evident here, that the law maker, in framing disqualifications of voters, took special cognizance of the third sectioA of the amendment, and weighed it word by word, following it literally, for the most part, and rejecting deliberately the very word intended to em brace a military officer. It must he borne in mind, that wc are here considering the class of military officers who were such, prior to the rebellion, when tlie office was lawful, and who were known as officers of the militia : not that class who became military officers during the rebellion. As to this last class, they all come under the other clause of disqualification which ap plies to participation in the rebellion. Hav ing the inquiry thus circumscribed to civil officers, the question recurs, what civil officers are to he brought within the terms “Executive or Judicial 'officers of a State?” They clearly include, so far as executive officers are concerned, all such officers as are generally known by the proper description of State officers, or officers of a State. In one sense, and in a popular sense, the description “executive officers ofa State” is applicable to a well known class, the Governor, Lieutenant Governor, State Auditor, Treasurer, Secre tary, &c., and State official proper, who exercise executive functions at tlie seat of Government. lam not prepared to say that only these proper State officials come within this term of description, nor am 1 prepared as to the judicial officers of a State, to limit the description to judges or courts, whose jurisdiction extends over the entire State. I must content myself in saying of these officers, executive or ju dicial, that they are clearlj 7 within the meaning of the law. Now, changing the inquiry from an affimative to a negative process. Such officers as usually pass under the description municipal, do not come within the purview of the act, such as officers of cities, towns, villages and subordinate municipal divisions, whether their functions are executive or judicial, or as is sometimes the case, where the same officer acts in both capacities* Outside of these two representative classes, the first of which is clearly within, and the last of which is clearly without the purviqw of these clauses, we find in each State ofthese States, a host of officers whose status is in some way to be determined. It is impossible here to proceed by way of enumeration, and to distinguish by name all those who are in cluded and all those who are excluded. All that can he done is to establish some fixed rules. I feel the necessity of cir cumspection here, in saying who are in cluded within the disfranchisement, rather than in saying who are not included ; for where there is a doubt, according to the rule of the Constitution which has been referred to, that doubt must be solved in favor of rather than against the right of j the voter. The exclusion is all cornpre- j hensive as to the time, and it applies not only to tliape who were in office when the j rebellion commenced, but to those wlio I held the prohibited offices at any previous time, although they may have ceased to hold such offices an indefinite number of years prior to the rebellion. It'is founded on the idea of a breach of official trust due to the State as the author or donor ot the trust. It Is founded on the idea of a breach of trust, not arising merely from allegiance as a citizen, but duty to the State in a direct official relation to that State, and through that to the Federal Government. So far as this act desig- j nates by name the persons who violated such a trust, it is to that class to whose keeping the trust is especially confided : j that is to say, the persons who were i clothed with the legislative power — ; whereas, in this instance, there is a purpose | of exclusion on a common ground and one class is designated as coining within the pur pose and other classes are left indefinite and only to be ascertained by construe- i tion. It is allowable to find the indefinite j class by the rule of assimilation. AVe see, then, in this law a purpose of exclusion as j to the three great departments of a State —Legislative, Judicial and Executive; we j see, further, that as to the Legislative ! Department, made up of a legislative body composed of the members and various officers appertaining to such a body as a legislature, the exclusion is only of the higher functionaries of that body—the members —and is not carried to its subor dinate officers. The terms of exclusion are not the members and officers of a State Legislature, but simply the members of a State Legislature. As, therefore, the ex clusion in the Legislative Department has effect only upon the highest class in that department, it is safe to say the same policy of exclusion attaches rather to such officers as exercised functions of important trust in the executive and judicial depart ments, then to those whose functions and duties are merely limited and subordinate. I have already called attention to the comprehensiveness of those exclusions as to time —now to declare them equally com prehensive as to persons, and to say that they embrace all officers. large and email, coming in any sense within the description of executive or judicial officers, who have at any time during their lives held any one of these offices, would have this inevitable result—that in the formation of the con stitution for a State bv the agency of its own people, a large proportion, perhaps a majority, of the most intelligent and capable' of the people would be excluded. There is no part of my duty in attempting to give construction to these laws in which I find myself involved in such painful un certainty. as in determining what officers outside of the classes already designated come within the just range of exclusion. I have said that in addition to this class of officers that so clearly come within the terms of the act as judicial and executive officers of the State, and to those classes which comprehend militia officers and municipal officers who clearly are not with in the terms of the act, there remain a vast number of officers whose status is in some wav defined. These are known in popular language by such terms of description as ! countyf township and precinct officers. Their name is legion ; their functions and ' duties are for the most pait strictly local. Some of them, such as sheriffs and justices of the county courts, have juris diction over the entire county; others are : res tricted to the smallest civil subdivisions. I have directed abstracts to be prepared for each of these States, which will exhibit l a u t jje s e offices and the duties which apper tain to them, and the form of oath re quired. I must reserve for further consid eration. after the abstracts are the j q’ ue stion whether all of them, or, if not all. what classes of these officers come within the disqualification. As to all other executive or judicial officers who are not in popular language characterized as county officers, I incline to consider them as i coming under the description of executive and judicial officers of the State, withm the meaning of the laws. I deem itprop er here in reference to that class of officers, judicial or executive, who are by the rule 1 have laid down, brought within the ope ration oi disfranchisement, to distinguish a cla-* wbo*e duties are not localized, and who’stand in direct relation to the State, and who in mv opinion, cannot properly be designated as executive or judicial officers of a State I mean that class of persons who exercise special public duties, rather in the nature of occasional employments, than general and continuing official duty. This distinction between office and em | ployment. and between an officer of a State, aud an agent of a State, is weffies tablished . Chief Justice filghman in 3 Sers- and Rawlo. 149. rccogcjzßS it in of the Commissioners appointed to lay .out roads and canals, and other Works of public improvement. The question arose upon a section in the Constitution of lennsylva nia. which provided that the Governor ; hail appoint all officers, whose offices are established by this constitution, or shall be established by law, and whose appoint ments are not herein otherwise propped for. The Chief Justice says, it has > ever : Seen ascertained, nor is it easy to aspeuain, to what offices this power of extends. I speak of offices created bjjja w since the making of the constitution, j word “office” is of very vague and Hide- i finite import. Everything concerning the administration of justice. *>r the gejiteral interests of society, may be supposed Jo he i within the meaning of the Constitution, ■ especially if fees or emoluments are an < nexed to the office ; but these are matters of temporary and local concern, which, j although comprehended in the term ! “office,” have not been thought to boem braced by the constitution; and when I offices of that kind have been created; the Legislature has sometimes made the ap pointment in the law which created them, and sometimes have given the appointment to others than the Governor, andsometimes given the power of removal to others, al . though the appointment waslqfttothe.Gov j ernor. The officers of whom lam §peak- I ing are often described in acts of Assembly, j by tho name of commissioners —such, for i instance, as are employed in the laying out of roads and canals, and other works ofa jiufilic nature. all these, perform a duty, or, in other words, exercise an office. 1 cannot enumerate all ofthe employments uuder State authority, which, in t;:y# qin iori, work no disfranchisement. L win name some, by way of illustration, viz : board ofcommissioners of public works, di rectors of State asyl urns, visiters of State uni versities, directors of State penitentiaries, I State directors of banks, or other corpora : tions, special commissioners or agents ap pointed by tlie Governor or other State authority to perform special duties as ex aminers of hanks, notaries public and com missioners to take acknowledgement of: deeds. The rule laid down, and these illustrations will perhaps be sufficient to j determine who come within its operations. The next disqualifying clause, is founded on the oath of office. The oath as inci- j dental to the office is not memtioned in the j first disqualifying clause, but the office j alone, hut in the second clause the [ oath is made to enter as a necessary I element in order to work disfranchise- | ment, and it applied to the same classes of officers named in the first clause; hut the office alone. But in the second clause the oath is made to enter as a necessary ele ment, in order to work disfranchisement, and it is applied to the same classes of officers as named in tlie first clause, and also to others not named in the first clause, that is, to officers'of the United States. It is an oath to support the Constitution of the United States, and it is clearly pro- | vided by this clause, that if this oatii has been taken by a member of the State Legislature, or by an executive or judicial officer of any State, then such person vio lating that oath and engaging in insurrec tion shall be disfranchised. There is some obscurity in these clauses, and room for doubt, whether disqualification under the first clause would arise in the case of a member of a State Legislature, or any executive or judicial officer of any State, who had not taken an oath to support the . Constitution of the United States. 1 incline to the opinion that this oath is put as an essential thing, the breach of which, by insurrection against the United States, violates the trust imposed by it upon the officer. But this clause, so far as the executive or judicial officers of the State are concerned, does not enlarge the class subject to disfranchisement. The officer breaking the oath which works disfranchise ment, must also he a judicial or execu tive officer of a State, according to the rule hereinbefore established. I do not apprehend any practical question will arise here, for by the Constitution of’tlie United States this oath is required to be taken by j the members of the several State Legisla tures, and all executive and judicial offi cers, both of the United States, and of'the several Stages, and in those ten States, the same oath was required as to members of the legislature and the executive and judi cial officers ofthe State, This brings me to the question, who is to be considered an officer of the United States within the meaning ofthe clause under consideration; Here the term “office” is used in its most general sense, and without any qualifica tions as legislative, executive or judicial, and I think as here used it was intended to comprehend military as well as civil officers of the United States, who had taken the prescribed oath, inasmuch as the violation of the official oath, and the offi cial trust, has relation to fealty to the United States, which is broken by rebel lion against the United States. Tlie rea son is apparent for including all officers of the United States, and for making the disfranchisement more general and com prehensive as to them, standing as they do in more direct relation and trust to the. United States, than the offi cers of a State. I now come to consider what is the meaning and scope of the dis qualification arising upon that part of the oath which requires the person to state that lie had not engaged in insurrection or rebellion against the United States or given aid or comfort to tlie enemies thereof. I must here repeat what has been raid be fore, that to work disqualification, two elements must concur ; first, holding the designated office, State or Federal, accom panied by an official oath to support the Constitution of the United States ; and. second, engaging in rebellion against the United States, or giving aid or comfort to its enemies. Both these must not only concur, but they must concur in tlie order of time mentioned. First, the officer and the oath, and afterward engaging in re bellion, or giving aid and consort—a person who has held an office, within the meaning of this law, and has taken the official oath, and who has not afterward participated in a rebellion, may safely take this oath ; and so, too, the person who has fully partici pated in the rebellion, hut lias not prior thereto held an office and taken the official oath, may with safety take this oath. My duty is simply one of construction ido not deem it proper to enter upon any question of the constitutionality of this part of the act. Tak-ng it as granted, for the purpose of con struction, that Congress has imposed such an oath, it is notouly allowable but impera tive that I keep in view its essential characteristics. _ It tssomething more than a legislative act in derogation of an existing right. It is in effect, a law which takes away an existing right as a consequence of' acts done at a prior time, and which at the time they were done entailed no such con sequences. In the late cases before the Supreme Court of the United States upon the test oath prescribed by an act of' Congress, to be taken by lawyers, by which the exclusion from the right to practice their profession was made to arise upon prior to participation in the rebellion, the Court says : As the oath prescribed cannot be taken by these parties, the act as against them operates as a legislative de cree of perpetual exclusion ; and exclusion from any of the professions, or any of the ordinary avocations of life for past conduct can be registered in no other light than as punishment for such conduct. The exac tion of the oath is the mode provided for ascertaing the parties upon whom the act is intended to operate, and instead of les sening increases its objectionable character. All enactments of this kind partake of the nature of bills of pains and penal ties. The Court farther says: The de privation of any rights, civil or political, previously enjoyed may be punishment; the circumstances attending, and the causes of the deprivation determining this fact, j The characteristics of this clause of the acts are, therefore, retrospective, penal, ! and punitive. Os course there can be no I question as to the rule of construction which is here to be applied, those who are , expressly brought within its operations cannot be saved from its operations; where, from the generality of the terms of description, or for any other reason a reasonable doubt arises, that doubt is to be resolved against the operation of the law, and in favor of the voters. What acts, then, within the meaning of the law, make a party guilty of engaging in insur rection or reoellion against the United i States, or giving aid or comfort to the : enemies thereof '! The language here com prehends not only late rebellion, but every past rebellion or insurrection which has happened in the United States : it compre hends. too, even- foreign war in which the United States has at any time been en ; gaged. The first part of the sentence covers the ease of domestic war existing in the form of .a rebellion or insurrection, whilst the last part appertains to foreign war. The words '‘giving aid and comfort to the enemies of the L nited States are the same used in the constitutional definition of treason: "the c-nemic-si thereof must be taken to be foreign enemies. These words, originally found in the early statute of Lngland against treason, have received that settled inter pretation in English and American courts. They are used in this act without any I qualification, and we give them full force i and application when they are made to j apply to adherence or giving aid and coni | fort to foreign enemies. Such an act as to j'thc breach of oath or duty of allegiance • stands upon the same policy of disqualifi ! cation as engaging in rebellion or civil war. A person, therefore, who gave aid and comfort to our enemies in the war with Great Britain in 1812, and in the war with Mexico in 1547, would in that particular come within this clause. In laying down I this rule. I do not forget that for certain purposes, and in a certain sense, every ] citizen in the rebel States during the late ! rebellion is to be considered a public | enemy. As in respect to the liability of his property to capture as a prize of war, and in respect to various acts of Congress passed during the rebellion, which as to property, declare its- liability to capture, forfeiture or confiscation, when used in aid of the late rebellion. But wherever in any of these acts of Congress, these terms " aid and comfort” are used in any other than the commonly received acceptation, some qualification or description is added to make them apply to the rebellion.— Nevertheless, although 1 strongly incline to think that the “a'id and comfort'’ here mentioned, should strictly be confined to its acknowledged legal interpretation, 1 am not quite prepared to say that Congress may not use it as applicable to the rebel lion. I shall, therefore, allow it due weight in the next inquiry in giving the construc tion on the clause now to be considered. We are now to inquire what is meant by engaging in insurrection or rebellion against the United States. The force of the term “to engage” carries the idea of active rather than passive conduct, and oi volun tary rather than compulsory action. Take, as an instance, a rebel soldier compelled to enter the service by force of conscription. Take as another instance the ease of a slave who, by the command of his master or by military order, has served in (lie rank or aided in the construction of milita ry works. It would be an abuse of lan guage to hold that in these instances the parties have “engaged” in rebellion within the meaning of that word as used in this law. But whilst in' my opinion a conscript or slave forced into the ranks or other mili tary service is not included, it does not follow that other classes than those who 1 actually'levied war and voluntarily joined the ranks of the rebels are to bo excluded, taking it to he clear that, in the sense of j law, persons may have engaged in rebellion without having actually levied taken up arms, all those who, in legislative orother official capacity were engaged in further ance of a common unlawful purpose, orper .sons who in their individual capacity have done any overt act for the purpose of pro moting the rebellion, may well be said in the meaning_ of this law to have engaged in the rebellion. All persons who, during the rebellion, acted in an official capacity where the duties of the office necessarily had relation to the support of the rebellion, such as members of the rebel legislatures, and rebel Congress, and rebel conventions, I diplomatic agents of the rebel Confederacy: or such other officials whose duties more especially appertained to the support of the rebel cause must be held to come j within the terms of exclusion. Officers in j those rebel States who, during the rebel- I lion, discharged official duties not incident j to the war, but in the preservation of order and the administration of law, are not to he considered as thereby engaging in rebellion. The interest of humanity require such officers for the performance of such otlicial conduct in time of war or in surrection as well as in time of peace, and the performance of such duties can never be considered as criminal. I cannot bring myself to the conclusion that Congress could have meant that such a purely civil and necessary office involved the incumbent in the guilt of insurrection. Nothing but the must cogent language, such as was 1 used in the test oath for lawyers, could manifest such a purpose. “The Supreme Court in construing that test oath, and in reference to the clause to which I have alluded, uses this language : The third clause applies to the seeking, acceptance or exercise not only of officers created for the purpose of more effectually carrying on hos tilities, hut also of any of those offices which are required in every community, whether \ in peace or war, for the administration of j justice and the preservation of order.” I find no such purpose in the use of any of the terms of the act now under consider ation. lam accordingly of the opinion that holding a simple, judicial office, or other executive office or public employ ments, as are of a purely civil character, such as county offices, municipal offices, and all others of like nature, which were j not created for the purpose of more effectu ally carrying on hostilities, and which did not involve the performance of duties ex pressly in furtherance of the rebellion, do not come within the meaning of this part of the oath to fix on the incumbent the j guilt of engaging in the rebellion. So i much for official participation. I now re cur to what amounts to individual partici pation in the rebellion. In the attempt to i arrive at classes of persons or of acts in- j tend lobe comprehende'd in the matter of engaging in the rebellion, we must have due regard to the subject matter; un doubtedly, although every rebellion against the United States’is comprehend ed, it is the late rebellion which almost, if not altogether, can be said to be the pro posed subject matter. A rebellion which extended over eleven States of the Union, involving more or less millions of their people, continuing for more than four years and maintained by a vast military authority which as to all these people for a time and as to most of them during its continuance, excluded them from all pro tection under the lawful government. The obligations of allegiance when thus separa ted from the corresponding right of pro tection, ami the breach of that allegiance are necessarily modified under such circum stances. The obligation is less stringent and a breach of that obligation less repre hensible, than in cases of temporary or local insurrection. Nor must we forget that throughout these rebel States there were classes of their population, more or less opposed to the rebellious movement, and who weroyet more or less necessarily in volved in its support. I have already said that the language used in this act as to participation, carries the idea ofvoluntary participation, and I am satisfied that these considerat ions growing out of the nature of the rebellion, induced Congress to use the word “engage’ in place of involuntary participation. When an insurrection, by its continuance and power, takes the form of a de facto . government and prosecutes and enforces laws over the people within its territory, individual rights and j obligations undergo an inevitable modi fication. and the rightful and displaced i authority, when it again conies into place, ! must, in a measure, accommodate its action j to circumstances, and consider many : things as rightfully (lone, which, in a mere j insurrection, would have no color of legal- I ity. This principle is recognized by all civilized nations, and has been especially enforced in England by statutes and by the decisions of courts early in the reign of Henry VII. Obedience to the de facto government established under a usurping j monarch, has been held not to involve a subject in the guilt of treason to the lawful j kiftg. Giving due weight to these well established principles, I proceed with the inquiry. lam of opinion that some direct j overt act, done with the intent to further the rebellion, is necessary to bring the ! party within the purview and meaning of this law. Merely disloyal sentiments, or expressions, are not sufficient. The per son applying for registration is not required to clear himself from the taint of dis loyalty. The meaning of Congress here becomes yet more evident when in the last clause of the prescribed oath, he is re- j quirei. to swear that he will faithfully sup port the Constitution and obey the laws of the U. ited States, and will, to the best of his abi.’ty. encourage others so to do. This part o. the oath is not exculpatory, but promisso.y. It looks to the future, and not to the past, and the purpose is here j manifest, to omit, as to the right to vote, the disqualific-atiou from the right to exer cise office. Mere acts of common hu- j inanity and charity cannot he considered as involving the party in the participation of the rebellion. So, too, are forced contn- ; butions by the rebel authorities, or the compulsory payment of taxes in aid of the rebel cause. It would involve the person and it must work disqualification under, this law. Voluntary contributions, or furtherance of the rebellion, or subscrip tions to the rebel loans, and even organized contributions of food and clothing, or necessary supplies, except of a strictly sanitary character, are to be classed with acts which disqualify the board o f registration The _ original act contains not a provision as to toe manner and time for holding the elec tion of delegates to the Convention, or ratification of the Constitution framed by that Convention, or for other purposes. . The first section of the supplemental act provides that registration of voters shall be made before the first of September, 1867. The fourth and subsequent sections 1 provide for means by which this registra tion. is to be effected. The Commanding General is directed to appoint as many boards of’registration as may be necessary, I consisting of three loyal officers or persons, , to make a complete registration, superin | tend the election and make a return to 1 him of the votes, list of voters and of per- I sons elected as delegates by a plurality of votes cast, at said election, ana upon re ceiving said, returns shall open the same and ascertain the names of the persons , elected as delegates according to the re | turns of the officers who conducted said election, and make proclamation thereof; aud if a majority of th# votes given on that question shall be for a Convention, the Commanding General, within sixty day? from the date of the election shall notify delegates to assemble in convention at a time and place to be mentioned in the noti j fication, and said Convention, when or ganized, shall proceed to frame a Consti tution and civil government according to the provisions of this act and the act to which it is supplementary, and when the same shall have been so framed, said Constitution shall he submitted by a convention for ratification, to. persons registered uuder the provisions of this act at an election to ho conducted by \ officers or persons appointed, or to be ap ' pointed by the Commanding General as hereinbefore provided, and to beheld after the expiration of thirty days from the date j ot notice thereof, to be given by said eon- j | vention, aud the returns thereof shall be I made to the Commanding General of the j | District. The sixth section provides that all elections in the States mentioned in said : act to provide I’or more efficient governl - ment of the rebel States shall, during the operations ot said act, be by ballot, and all . officers making said registration of voters, and conducting said elections, shall, before entering upon tlie discharge of their duties, take aud subscribe to the oath prescribed liy the act approved July 2d, 1562, entitled j “An act to prescribe an oath of office.” Provided that if any person shall, know ingly and falsely, take and subscribe any oath in this act prescribed, such person so offending, and being thereof duly convict ed, shall he subject to the pains, penalties and disabilities which by law are provided for the punishment of wilful and corrupt perjury. The oath prescribed by this act is ! the oath to he taken by the person applying i for registration, and the oath to be taken by the persons composing the board of regis- j tration. The duties of the hoard are to j make and complete tlie registration list and 1 to superintend the election. The first j question is as to the duties and powers of i the. board in making and completing the registration. The first section provides that the'Commanding General shall cause ! a registration to bo made of the citi zens ‘of the United States twenty one years of age and upward, resident in each county orjiarish in the State or States included in his District, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken or sub scribed to the following oatli or affirma tion. By this oath the person applying for registration must swear or. affirm, to every qualification provided for by tho original act. The first question which arises here is whether any other oath can be required of the person applying for registration, or any oath can be adminis tered to any other person or persons, touching tlie qualification of the applicant by the hoard of registration. The last clause of this first section provides as fol lows: “Which oath or affirmation may be administered by any registering officer.” The oath here referred to is tlie oatli to be taken by the person applying for registra tion. L have very carefully examined all the provisions of this and can find no authority for any other oatli to be taken by any one, touching the qualifications of the applicant for registration, hut only this oath. Lam clearly of the opinion that any other touching tho qualifications ot tho applicant, would he extra judicial, and without authority, and that-false swearing could not be assigned as perjury upon Such unauthorized oath, and especially in the proviso to the sixth section above quoted, which declares that false swearing shall amount to perjury, is expressly similar to any oath in this act prescribed. In arriv ing at this conclusion, I have given due weight to that part of the first section of the act which declares that the registra tion shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the follow ing oath or affirmation. If we read these words by themselves, without re gard to the other provisions of the act, the impression is made that two things must concur to authorize the registration ofthe applicant; first, that he actually possesses the qualification required by the original act, and find that he is re quired by this oath to swear to every one of these qualifications, and that no authority is anywhere given to enter upon any other inquiry as to his qualification, or to administer any other oatli to him, or any oath to any other per son touching his qualification ; and that his oath, and hin oath alone is punished with perjury. It. is impossible to resist the conclusion that the oath itself is the *ole and only test of the qualification of the ap plicant. When, therefore, a person ap plies to the board for registration, the power of the board is confined to the ad ministering of the prescribed oath, and if tlie applicant takes that, his name must go Upon the registry. The board cannot enter upon the inquiry whether he lias sworn truly or falsely—that inquiry must he reserved to the court which may after ward have jurisdiction to try him on an indictment for perjury. Next to the duties ofthe hoard,.after the registration is com pleted, they are to superintend the elec tion,’and make a return ofthe votes, list of voters, aud of the persons elected, to the Commanding General. It is very clear from these provisions, that in superintend ing these elections, the duty of the board is to receive the votes ofthe persons whose names are up for registration, and to reject all others. There is no provision any where to surchage or falsify, or to add a single name to the registration, or to erase a single name which appears upon it. Kelly the Coward. It has transpired since Judge Kelly left the city that he tohl a Northern gen tleman, who went to call on him that he expected a riot, that he had al ready sent dispatches to his friends at the North, and to his family, to fix the responsibility where it belonged it hr should fall. Certainly we have heard of n,o one besides himself who anticipated a disturb ance, and if he expected it, it was his duty as a man either to have foreborne to speak or Cos have asked for the presence of a military force to prevent- it. lie did neither, and when from accident a cause less panic seized the crowd he took excel lent. precautions against the possibility of “falling” in tile affray, by a precipitate retreat. The next day the Mayor of the city' waited on him to say that il he desired to conclude his speech he would pledge himself personally and officially to his per fect safety. lie declined—he wasnot con cerned for himself personally, but “he had a wife and a darling child" whose happi ness he would not risk. It is to be regret ted that he did nut remember that there were a good many other gentlemen in the city of Mobile had wives and darling chil dren just as dear to them, and whose safety was put in peril by his harangues. It is evident to our mind that Judge Kelly had accomplished his utmost wishes in this meeting. He had done better than finish his speech—he had raised a muss and crammed the ammunition chests of his party for a fresh assault upon this poor, down trodden and helpless people. He had also made, as he supposed, a reputa tion as a hero and a martyr, and in order to keep up the show of his danger, he chartered a special boat to take him across the bay to the depot of the Montgomery Railroad, which left the wharf only twenty minutes before the regular mail boat. And in this connection we must state, in the cause of truth and for the benefit of the Northern press, that as long as a month since, it came to our knowledge, from a Northern source, that it was a part of a premeditated design in their Northern speakers to create a riot somewhere in the South for the purpose of Radical agita tion, and in that letter Mobile was indi cated as the probable theatre for the exe cution of the plan. Judge Kelly may have accomplished his political designs to his heart’s content, hut he has left but one opinion among all gentlemen here, and that is that his per sonal bearing in the execution of it was disreputable and unmanly in the last de gree. Even his negro friends are obliged to confess that he ingloriously fled and feft them to shift for themselves.— Mobile Re gister. Reason in a House.—Mr. A. T. Bar clay relates to us that, on Friday night of last week, a stallion belonging to him was chained in the stable with a large halter chain and the door locked. During the night the horse was taken sick, and suc ceeded in breaking the chain, kicked the door open and walked through the yard into the porch of the dwelling, and, after stamping around, passed down the steps, and in a short while returned a second time, and, going back into the yard, again returned a third time and continued paw ing at the door until someone went to him, when he returned to the yard and lay down and died in a few minutes. He states that the horse had never been in the yard before. — Lexington Gazette, NEW SERIES VOL. XXVI. NO. 23, l'or the Chronicle <£• Sentl/c '. Don’t Sell Your Georgia Railroad Stoek —Don't Sacrifice it. Chronicle <(• Sentinel •' A large ma ! jority of the Stockholders of the Georgia Railroad and Banking Cos. are, I believe, also subscribers to your paper. They desire its success, and you, in turn, doubtless wish them prosperty, and labor, through your sheet, to promote their interest. Aware of the timely and judicious advico often given by you upon matters 1 affecting their weal, I have been a little : surprised that you have not endeavored to persuade the Stockholders in question to ; take the advice which heads this article. Don't you agree with me that it is judi ! cious ? Would you not feel fully justified j in giving it after having read the last ! annual reports of the President and I Superintendent of the Company? Is there a eonyumy in the South whose i financial condition or business is better, or whose prospects for tho future are j brighter? If you agree with me that it is unwise ; for the Stockholders to sell at present ruinous low prices, that the Company is in j a most prosperous condition, let me sug- I gest that you will be doing your friends a great service if you will write an article and take for your text the resolution passed unanimously by the late Convention: “That the Stockholders are entitled to the net earnings of the road, and it should he managed with a view to this as a primary object;” and the concluding words of the clear and able report of Judge King, to wit: “That every demand against the Company may he met, even at present low prices, leaving the stock whole, with a hand some surplus:" and then sliotv, by a concise statement of the affairs of the Company, the folly of. selling its stock at 67 to 70. Judge King’s report says the net earn ings of the road “for the past twenty-two and a half months, have exceeded 121 per cent, per annum upon the capital stock.” Now, Messrs. Editors, undertake an ex planation ofthe two reports for thebenefitof the Stockholders. Many of them are not ac customed to such investigations; and many ‘"could not if they would, and would not if they could” make them, and can’t see it, unless it is. concisely presented to them. In the meantime, the bears (and you have some of the beasts in your city) will con tinue to squeeze the stock down, and the widow and the orphan, whose little all is probably in it, and whose necessities force them to sell some portion of what they have, sell for a trifle the best stock in the State. To the Stockholders, l say, don't sacri fice your stock. Remember that its net earnings for the past twenty-two and a half months have exceeded 12-] percent, per annum, and that the net earnings are pledged for the future to the Stock holders, and that the declared policy of the company now h, that the road shall be managed with a view to this as a primary object. Stockholder. Woman Suffrage.— The New Orleans Times is in a very cheerful humor. After remarking facetiously that the South is now swallowing with “scarcely a wry face” the panacea which the Radicals offer as a cure for all Southern evils, it suggests that if there is any other dose to be prescribed it might as Well be brought forwarded now. The Radicals have offered the “combined wisdom, foresight and learning of the colored race” as a remedy for the maladies of the late insurrectionary States, and negro suffrage has been accepted there with remarkable good nature. The Times thinks the time propitious for introducing other Radical “isms” and “progressive” reforms, and says it would, perhaps, “bo better for all parties concerned to adopt all their ‘isms’ at once,’and thereby save the time that will otherwise be wasted by taking them in rotation.” Since negro suffrage is deemed so advantageous to tlie South, tlie Times thinks the advantages “might be increased by gulping down the doctrihe of ‘woman suffrage.’ After a handsome eulogy'upon the capacities of woman und her fitness to occupy com manding positions in “literature, com merce or diplomacy,” the Times gallantly concedes that every reason and every argument must be in favor of according to her the privilege of voting, and that the “reconstructed South” would he the gainer by her participation in the elective fran chise. Says the Times : “We appeal, therefore, to the gallantry of the maje voters, to give the standard of ‘Woman’s Rights’ to the Southern breeze, so that the dark precincts ofthe election polls may be illuminated by their smiles, and the air of liberty -that surges around the ballot box may be sweetened by romatic odors.” Wo venture to hint, however, that if there is any class in the South which the Radi cals would disfranchise, it is the women, whom they delight to denounce as the most obstreperous and implacable of all the “rebels.” ■— PEH Let Friendliness he Encouraged Be tween the Whites and Blacks. —And while congratulating ourselves that the Wilsons and Kellys cannot conveniently come among us. we should remember that the greatest friendliness now exists between the whites and blacks of this section of country, and determine tliat, so far as we are concerned, nothing shall be done to disturb this good feeling. As we argued when the war closed, so we argue now, that the greatest feeling should exist be tween the Southern whites and blacks. It was then all-important in view of our labor necessities and agricultural interests. It is now all-important in view of the new right of suffrage conferred upon the ne groes by Congress. If there are any among us —we certainly know of none—who are inclined to impose upon negroes, or to treat them in sucli a way as to engender strife between them and tho whites, these are, without thinking of it perhaps, the worst enemies of the country. It is true the conduct of some of the negroes is often vexatious in the extreme ; so also is the conduct of many white men. And our own true theory, that tlie negroes are an inferior race, should causa us to treat them with forbearance. It is no credit to any white man to have quarrels with ne groes, under present circumstances espe cially. And then there arc many things to he said in favor of the negroes. Nine-tenths of them were staunchly loyal during all the war. And again, they are not at all re sponsible for their emancipation, nor for the effort to place them upon an equality with the whites. Whatever their faults —and all races have faults—they are the most docile people in the world, and gen erally as true as steel to their friends. Those of the Southern people who manifest kindness and friendship for them can exer cise a stronger and better influence over them than any other class. And it is now the highest patriotic duty, and it was a humane and Christian duty before, that every Southern man should be a friend to the negroes, and have influence with them, and seek to guide them for good in their new position. Otherwise, they will fall into the hands of had men, and untold mischief will be the result.— Edgefield [S. C.) Advertiser. Homicide and Suicide by an Old Man.— Cincinnati, Mag 23. —A terrible affair occurred day before yesterday in Madison, Indiana. Preston Christie and Tames McClelland, both old men, became involved in a lawsuit about a sale of corn. The parties met, and McClelland asked for a private settlement of tho trouble. .Chris tie made an evasive answer, when McClel land drew a revolver and' shot the former through the breast, inflicting a wound which caused death next day. McClelland, on returning home after tho fatal encoun ter, seemed so overcome by remorse that he shot himself through the breast with the same pistol. His wound was also mor tal, and he died the following day. Rev. Horace Fowler, Methodist minister at Irasburgh, A t., was arrested on Tuesday on a civil process, in favor of J. T. Allen, of Newport, who claims the sum of $lO,- 000 damages for continued and repeated outrages upon the person of his daughter, a girl only 12 years old, a niece of Fowler’s wife, and since the death of her mother a resident in Fowler’s family. The national convention of railroad car masters, held in Springfield, Massachusetts, May 15, was attended by representatives from all the leading railroads in the cqun # Several i*ew inventions were exhibit ed. They adjourned to meet at Altoona, Pennsylvania, September 18th, when the national association of car masters will be organized. Immigration from France.—Whilst the German and Irish immigration to the United States has been very large, and has attracted general notice, it is estimated that more than one million French people have quietly come into the country, and are now settled in various parts, chiefly in the Northwest. There is great excitement among the distillers in Kentucky, in consequence of being required to purchase an apparatus called a “meter,” at an expense of seve ral hundred dollars, which, it is said, will mark the amount of liquor manufactured, and thus prevent frauds. The people of the United States are learning a good , many things that they were formerly un- i acquainted with. From the jVcw York Times. Tin- Failure of Fraser, Trcnholm A Cos. The announcement, about noon to-day, by the Atlantic Cable, that the large cot ton house in Liverpool of Fraser, Tren holm & Cos. stopped payment this morn ing, caused a further advance in the gold room to 1371 per cent. The relations of the house to the Confederate rebellion of 1861-65, and its blockade-runners and bogus cotton ‘ loans, seemed to have been overlooked by some of our hanking houses, because of the supposed or reputed wealth of the concern, and we are suprised to learn that their bills'have had considerable currency in this market, without the secu rity of what are called shipping documents, which would have held the cotton against which they were drawn, on arrival in Liv erpool, until the bills were discounted or paid by the house. Os course, nothing is yet known of the dividend which the estate will pay, and in the meantime the effect of the suspension is, to the full ex tent of the bills involved, to disturb the foreign exchanges on this side, 'lhey have a branch house in Charleston, and some oi their bills are also understood to bear the endorsement of the Georgia hanks. From Ike Sew York Herat,l. There is no longer any doubt entertained of the failure of Fraser, Trenholm & Cos., and it is reported that their bills on Eng land were extensively held by houses here and in the South, unaccompanied with hills of lading, and in most gases without endorsements, the credit of the firm having stood well, owing to their supposed wealth, and notwithstanding the suits to recover property brought against them by the Government, growing out of matters con nected with the relations of the firm toward the rebel Confederacy, of which they were the Liverpool agents. From Vic Sew York Tribune. The failure of the firm excites unusual remark. It was without doubt the lead ing and trusted mercantile house of the South, and its failure must have a disas trous effect upon a large constituency, as well for the South as that possessed by the Ohio Life and Trust Company when it broke. Daring the war one of the part ners, Mr. Trenholm, was Secretary of the Confederate Treasury, and the profits of the house were reported during the trou bles at $6,000,000. From the Washington TntcUigcnccr. In remarking yesterday upon the re ported failure of Fraser, Trenholm & Cos., of Liverpool, late Confederate agents, we stated that the Government would not. he a loser, and that the firm had given bonds, with adequate security, to pay the United States claim, in case it should he legally established. We learn that this is not so, and that the Government lias no security whatever as the matter is now supposed to stand. The failure has unsettled the cotton and gold markets, and it may he the fore runner and cause of other failures in the cotton trade. Bills drawn against ship ments of cotton to Liverpool,* &c., will undoubtedly he returned for non-payment, Much of the loss will fall upon business men in New York. It is not improbable that failures from the same cause will be numerous among persons connected with the cotton trade abroad. Southern cotton factors arc said to lie largely losers by this failure. Everything seems to work against the South —army worms, inundations, bad seasons, demor alized labor, high prices of provisions, the cotton tax, foreign competition, bankrupt cy of cotton traders, absence of capital and credit, and the rod of confiscation hanging over the whole South. From the Mobile Times. We learn by private dispatches that the important house of Fraser, Trenholm & Cos., of London and Charleston, lias failed. The amount of their liabilities is not partic ularly stated, hut is said to he very heavy, as may readily be supposed when the mag nitude of their transactions during the few pastyears is considered. Not a few mil lions of dollars will probably tell the story. We regret to add that this disaster, if the news should be confirmed in its full extent, will involve losses in our own city, little if any short of six hundred thousand dollars. Phillips’ Provision Exchange. Cincinnati, May 24, 1807. Editors Chronicle <£• Sentinel : The provision market early in the week was quite active, and all other articles were held higher, with some advance in ' prices of cut meats. There is still little or no disposition to speculate, and the sales were chiefly for consumptive demand. The market closes quiet but linn for all articles except pork and lard. Mess Pork —has been held above §22.50 for city most of the week, yet but few sales were made above this ligiire, and at the close it is more freely offered at §22.50, but buyers contend for a concession. There is but little country pork offering, and but litile here to offer, but such as is sold, is at 25c under city. Lard has been in limited demand and has been held generally at 12(c. for city, with some sales at Je. less, but at the closo 12ie. was all it could be sold tor, though difficult to buy at this figure ; country ranges J to je. lower ; keg is dull at 13} to 131 c. for city and 13c. for county. Tho lower grades are scarce and nominal and nothing doing in them. Greases rather firm at 8] to 101 c. for she range of grades, but tho market is quiet. BuiYc Meats —have ruled firm during the week at B@loc loose for shoulders and sides, clear riband clear sides arc firmly held at 102 @] 11c loose, but buyers arc not free at over 10l@lle. Hams have been in good demand with sales of desirable country cuts at from Ufa ll lc and of city cuts at lli@ 111 c all loose, closing firm at tho latter price. The stock on band is light. Bacon —shoulders and rib sides remain unchanged at 9(3; lie packed, while clear rib and clear sides have advanced to 112(5 12Jc packed, closing firm. Hams continue in good demand especially for plain, with sales at 13c uncanvilsed and packed, and 131 c canvased and packed, Second sugar pickle l ie, sugar cured 15(3* 151 c canvased and packed—tho latter price for light averages. Beee llams quiet at 20J to 2D.fi; Beef Hams in pickle §3fi to S3O 50 per bid. of 220 lbs.; Plate Beef is scarce and lirin at $22 to $23. Whiskey irregular, holders asking 32e, buyers offering 30c. Kxports of the week were 735 bills and 02a kegs Hard, SO!) hhds and 1,052 tierces Bulk and Bacon; 1,813 bbls Pork, and 220 boxes do. Imports—lo 4 bids and 27 kegs Lard, 277 lilids and 08 tierces Bulk and Bacon, 113 bhls Pork, and 119,710 pounds loose meats. Freights to all points unchanged. Very respectfully, Geo. W. Piiii.i.ips, Jr„ . Provision and Produce Broker. A Strange Freak of Nature.—There were in this city not long since three chil dren, all of whom were joined together at the hands. One hand on each of the right and left figures was perfectly formed as far as the finger joints, where they united with those of the central figure—the hands of the three being thus firmly clasped together. The central figure had no fingers, the end of the arm resembling a ball when clasped by the hands of its two companions. The arms of the trio were boneless from the shoulder to the finger ends, and could he bent or twisted into any conceivable shape. The limbs, from the knees down, were also boneless. At the knees there is said to have been a large protuberance, as if nature had intended them to act as substitutes for the boneless legs and useless feet. They arc entirely blind, th*e whole surface of the eye ball being of a deathly white color, and contained no pupil. Their heads and bodies were perfectly formed, and the or ganizations and functions appeared perfect in each. They were visited by a number of persons among which was our inform ant, who says they were still-born, and vouches for the assertion. There was, we understand, no medical examination of the case, which is to he greatly regretted. The parents have left the city, takingwith them the remains of the children. —Sandusky Register. Jerusalem, in 1866, contained a popula j tion of 18,000, of whom 5,000 were Mo | hammedans, 9,000 Jews, and 4,000 Chris : tians of various denominations. Two lines of telegraph connect Jerusalem with Ku j r ope, and the chief business ol the people : is the manufacture of soap and what is called Jerusalem ware, consisting of'chap ! lets, crucifixes, beads, crosses and the like, made principally of mother-of-pearl and olive wood, atid sold to the pilgrims, who . annually repair to the Holy City to the number of from 6OUO to 81)00. The richest member of the Connecticut Senate is an Irishman, whose property is valued at $2,-500,000, and whose daily in come is SI,OOO. lie made his money from an oil farm in Pennsylvania, which he purchased for $2,500. The breach of promise case at Boston, in which Mrs. Belinda R. Elms sued Daniel D. Kelly for $20,000 damages, resulted in a verdict of $7,000 for the plaintiff. The season in the Northwest is very backward, and fruit and vegetation show the effects of it. Wheat, however, looks well. Detective Baker has filed a bill jn Court to compel the City of Washington to pay the reward of $20,000 offered by them for the capture of Booth. The use of tobacco has been proscribed bv the! Vermont Methodist Conference. Hereafter no person addicted to the habit will be admitted to membership. An effort is making in Kentucky to buy a home for the family of John C. Breckin ridge.