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o_
H V MORNING, FRBKUARY S.
One Senator Seated.
The telegraph announces that the Hon.
Joshua Hill has been sworn in as .senator
from Georgia. The veto against substi
tuting Farrow’s name for Hill in the ma
jority report—l 9 yeas, 36 nays—indicates
that Ur. Miller will shoitly be seated, and
thus end reconstruction.
The Day of Bummers Over.
The bill abolishing the Test Oath has
passed the House of Representatives by a
vote of 118 to 89. The Senate, under Mr.
Trumbull's lead, will probably follow suit.
The day oi bummers are over.
Southern Field and Fireside.
The undersigned have, by a repurchase
of the books and good will, again become
the proprietors of this once favorite South
era journal, and if a sufficient interest to
warrant the enterprise should be muni
fosted by its old patrons and the people
generally of the South, for its republica
tion, we will arrange for issuing it again at
an early day. It will be our aim to place
it on a basts of Literary, Agricultural and
Horticultural merit that shall be worthy
the patronage of the Southern people and
make the paper a welcome visitor to every
household. Stockton & Cos.
VV c find the foregoing announcement in
the Constitutionalist of yesterday, and
take pleasure in transferring it to the col
umns of the Chronicle & Sentinel.
The Southern Field owl biretith was one
of the best weeklies in the South in its
day. We trust its old friends will extend
such encouragement as will warrant its
republication.
Judge Stephens’ Speech.
We offer no apology for the space occu
pied in our columns this morning by Judge
Stephens’ speech in Macon, before the
United States Commissioner, in reply to
the charge that he had violated the pro
visions of the Enforcement Act. It is the
best reading matter we could possibly lay
before our readers, and wo are sure will
reoeivc a careful perusal.
In this spoeoh Judge Stephens very
conclusively answers the main point made
by Mr. B. H. Hill ia his late address to
the people of Georgia, and shows that
usurpation* are not him— that usurped
powers, won on the point of the bayonet,
ceaso as soon as the bayonet is withdraw-,
and that illegal and unconstitutional en
actments remain of foroe no longer than
the people acquiesce in their enforcement.
This speech comes in an opportune time
in our history, and will be of groat benefit
in counteracting the baloful effects of
recent political heresies which have been
promulgated in the State.
SPEJECII
OF
HON. LINTON STEPHENS,
Dltl.lVMKEl) IN HIM OWN DDKKNSK BKKOHK
B’NITEIi h'i'ATJCB COMMISSION*!!. KWAY/.K.
At Macon, lia., January 23,1811. •
May it please the Court i J know full
well that ii your Honor in not superior to
the average of poor human nature, you
will find it difficult, if not impossible, to
Kive my defense in this case an impartial
consideration, and an houcst dcoisiou. The
prosooution agaiust mo is lounded on the
ooursn which 1 took in the recent political
election, which resulted in a victory for my
party, arid a defeat for yours. It is also
directly in the lino of an assault which was
lately made against mo in the newspapers,
by tho official head of your party in the
State. I. therefore, recognize in this
casoa political prosecution, just as distinct
ly as L reoognize in my Judge a most zeal
ous and determined political opponent.
Yet, sir, there arc other considerations
which onoourage me to hope that I may
obtain, even from you, that decision which
is demanded by justice and by the laws.
Front the personal knowledge of you,
which l have acquired since the beginning
of this trial, 1 have discovered that you
are a man of deoided intelligence ; and T
am told that you aro a man of courage. I
am also told that you, voursclf, have been,
in some instances, a victim to political
persecution, and an object of unjust oblo
quy. Surely, such a man, with such an
experionac, ought to give a fair hearing to
one whoso only fault ib not tiny wrong
which he has committed against the laws,
but, the damage which he has inflicted
upon a politioal party. My greatest en~
couiagemont, howevor, is derived from tny
confidence in tho lawfulness of my conduct,
and tho power of truth. To truth, brave
ly upheld, belongs a triumph which can
not he defeated, nor long delayed, not even
by the intonsest prejudices of partisan
strife. lam strengthened, too, in the ad
vocacy of truth on this cccasion by the
consciousness that, in defending myself, I
shall but bo defending principles which
aro doar to every American, because they
lie at the foundation of the whole fabric of
American constitutional liberty. Nor, sir,
unless 1 am much mistaken in tho esti
mate which I have formed of your char
acter, will you listen to my dofense any
the loss favorably becauso of the (rank
ness and boldness with which I shall pre
sent it.
1 am aocusod under the Enforcement
Act of Congress.
My first position is, that this wliolo act
is not a law, but a mere legal nullity.
It was passed with tho professed object
of carrying into effect what aro called tho
14th and 1 f»th Amendments to the Consti
tution of the United States, and depends
on their validity for its own.
These so-oalled Amendments are, as I
shall now proceed to show, not true
Amendments of the Constitution, and do
not form aDy part of that sacred instru
ment. They aro nothing hut usurpations
and nullities, having no validity them
selves, and therefore incapable of impart
ing any to the Enforcement Act or to any
other »ot whatsoever.
I take occasion to say, that I rogard the
13th Amendment, abolishing slavery, as
clearly distinguishable from tho 14th and
With so called Amendments, in tho manner
both of its proposal and of its ratification.
The contrast between it and them will con
tribute to make their invalidity all the
more apparent. It is true, that when the
13th Amendment was proposed, ten States
of the Union wero absent from Congress ;
but their absence was voluntary, and
therefore did not affect tho validity of the
proposal. It is true, also, that the Legis
latures which ratified it for these ten
States had their initiation in a palpablo
usurpation of power on the part of the
President of the United States ; yet it is
also unquestionably true, that they were
elected and sustained by overwhelming
majorities of the truo constitutional con
stituencies of tho States for which they
acted ; they rested on the consent of the
people, or constitutional constituencies of
the States, and were therefore truly “Leg
istures of the States.” This Amendment
was ratified by these Legislatures of the
States in good taith, and in conformity
with the almost unanimous wish of the
constitutional “peoples.”
How different in the case of the 14th
and loth so-called Amendments ! If these
are parts of the Constitution, I ask, how
did they become so ? Were they proposed
bv Congress in a constitutional manner?
'ln framing and proposing them every
State in the Union was entitled, by the
express terms of the Constitution, to be
represented in speech and vote by "two
Senators" and "at least one Representa
tive.” Ret ten States of the Union were
absent This time their absence was not
voluntary but compelled. When they were
claiming a hearing through their constitu
tional representatives they were driven
assay, and denied all participation in
framing and proposing these so-called
Amendments! Was this a constitutional
mode of proposal ? / say, that it was an
uncixistitvtioruil mode, and that the pro
posal was ob initio, null and void.
But how stands the ratification of these
so-called Amendments ? To say nothing
about tire duress of bayonets and Congres
sional dictation, under which the ratifica
tion was forced through the ratifying
bodies in the ten Southern States, the
great question is, who were these ratify
ing bodies* Were they Legislatures of
the States? They were not. They were
the creatures of notorious and avowed
Congressional usurpation. They were
elected not by the constitutional eonsti
• tuencies of die States, but by constitu
encies created by Congress, but in palpa
ble violation ot one of its express provis
ions. The suff rage or political power of
the States is not delegated to the General
Government by the Constitution ; but on
the contrary, its reservation to the States
is rendered exceedingly emphatic by that
provision of the Constitution which, in
stead of creating a constituency to elect
its own officers—President, Vice-Presi
dent and members ot Congress —adopts
the constituencies of the States, as regu
lated by the States themselves, for the
election of the most numerous branch of
their own Legislatures.
* Ten of the ratifications, whicl were
falsely counted in favor of these miscalled
Amendments as ratifications by Legisla
tures of States, were only ratifications by
bodies which had their origin in Congress
ional usurpations, were elected by illegal
constituencies unknown to the (fonstitu
tution of the UniteJ States or the Constr
tions of the States, and were organized
and manipulated under the control of mil
itary commanders who claimed and exer
cised the jurisdiction of passing upon the
election and qualification of tbeir members.
Can these joiat products of usurpation,
fraud and force be palmed off as Legisla
tures of States ? Can ratifica'ions by them
be accepted as ratifications by Legislatures
of States? Can falsehood thus be con
verted into truth by the thimblc-rieging
of Presidential proclamations l These
bodies were, indeed, set up by their usurp- |
ing creators as Legislatures for and over
States ; but until the known truth of re- j
cem history can bo blotted out by the mere
power of shameless assertion, they cannot j
be recognized as Legislatures of States. :
Tbe Parliament cf Great Britain is a
Legblature for and rter poor down-trod- j
den Ireland , but what Irishman will ever j
recognize it as the Legislature of Ireland .
The false, spurious, and revolutionary
character of these ratifying bodies is ren- j
dered still more giariDg by the fact that,
supported by the bayonet, they subverted
or ratner repressed the true, legitimate
Legislatures of all the States wbere re
construction was applied. That such Leg
is atures existed in these Btates, and are
indeed still existing, is demonstrable from
the facts viewed in the light of either of
the two theories of secession that of its
invalidity. On either theory the bcceding
States remained States. On the one the
ory they were States out of the I nioD ; on
the other, they have remained all the
while States in the Union. The Supreme
Court of the United States in the recent
case of Whff-e v*. Texas, speaking through
Mr. Chief Justice Chase, held that seces
sion aas invalid, and tout the States which
had attempted it remained and still are
State* in the Utdon.
A State is not a disorganiz'd mess of
people. It is an organized political body.
It mast have a Constitution of some sort,
written or traditional. Being an organ;
ized body, it mu'-’- havea law of organiza
tion or composition or Constitution, defin
ing the depositary of its political power.
Where there is no such constitutional or
constituting or organizing or fundamental
law, there can be no organization—no
State. These ten States then, which
seceded or attempted to secede (as the one
theory or tbe other may be held), have all
the while had Constitutions. In point of
tact each of these has over been a written
Constitution, giving the ballot to defined
classes of citizens who are known as the
constitutional constituency of the State.
This constitutional constituency is entrea
ted by each of these Constitutions, with
power over the Constitution itself in
modifying or changing it, and of course,
in modifying or changing the organization
or compositions of tbe constitutional con
stituency. This constitutional constitu
ency is the depositary of the highest politi
cal power of the State. Any change made
in the Constitution or organization of the
State or in the composition of the con
situtional constituency, as it may exist at
any time, without the concurrent action of
the constitutional constituency itself, is
revolution. It is disorganization. It is
the subversion or suppression (as it may
prove permanent or temporary) of one
organization, and the substituiion of an
other- It is the abolition (permanent or
temporary) of the old State, and tbe intro-
duction of a dow one.
Each of these ten States, in 1805, at
the close of the war, being then a State,
had a constitution and a constitutional
constituency linked back by unbroken suc
cession to tbe Constitution and constitu
tional constituent y as they existed before
secession. Secession made no break in
the chain. The provision whioh was put
into the constitution at the time of seces
sion, connectirg the State with the Con
federate States instead of with the United
States as its Federal head, is wholly im
material to the present purpose. In the one
theory, it was simply void, and left tbe
organization of the Slate, the constitution
and the constitutional constituency intact.
On the other theory, being valid, it modi
fied but did not impair the integrity of the
State (Pganizatlon. AH this follows from,
or rather is eomprehendod in, the ono
prop 'hitioc, that those ten Stales have
never lost their character as States.
Each of these ten States being a State
at the close of the war in 1865, stands now
de.ju.ee just as it stood then ; unless it has
since that time been changed by the
action of its constitutional constituency,
I think each of them was so changed in
the latter part of that same year. In
each of (hem a convention was elected by
a large and unquestionable majority of the
constitutional constituency (although a
portion of them w. re excluded from
voting) for the purpose of modifying the
constitution. These conventions repealed
the ordinances of secession, abolished
slavery, and made some other changes in
tho several constitutions, but (in most of
the States) left the constitutional con
stituencies just as they stood before. Id
conformity with the constitutions, as last
modified bv these conventions, each of the
States was speedily provided with a com
plete government, consisting of a Legis
lative, Executive and Judical depart
ment. It was by the Legislatures thus
formed that tho 13th Amendment to the
Constitution of tho United States, abolish
ing slavery, was ratified.
Since that time no change has been
made in the organization of any of these
States, with the co-operation or concur
rence of the constitutional constituencies.
Only very small minorities of the consti
tutional constituencies have co-operated
in the work of reconstruction. It is a no
torious and unquestionable fact, that an
overwhelming majority of them in each of
the States have been steadily and unswerv
ing opposed to it, and iiave voted against
it, whenever they voted at all.
The clear result in my judgment is, that
each of these States now stands de jure
just as she was left by the action of her
convention in 1865, with a complete gov
eernment, formed under the constitution
of that year, including a Legislature
which still constitutionally exists, and is
capable of assembling any day, if it were
only allowed to do so by the withdrawal
ot the bayonet. But she stands de facto
suppressed, by a government originated
and imposed on her by an external power,
and supported alone by tbe bayonet.
Such a government is the embodiment of
anti-republicanism and despotism. Under
just such a government Ireland is writh
ing, and Poland is crushed.
It is r.ot now demonstrated that the
bodies which ratified the so called 14th and
15th Amendments in the Dame of these
ten States, wore tho revolutionary pro
ducts of external force and fraud, displac
ing the true Legislatures which alone could
have given a constitutional ratification 1
These sc-called Amendments, then, have
been neither eoostitutionailv proposed, nor
constitutionally ratified. How can they
firm parts of the Constitution ?
A successful answer to this question
would long ago have brought that peace
I and harmony, which can Dever oome from
j might overbearing right. lastead of giv
ing such an answer, the authors of these
| measures have sought to drown reason and
argument in clamorous charges of violence
and revolution against tho victims—not
the perpetrators of those crimes.
But an answer has at last been attempted
from an unexpected quarter. Strmgely
enough, it comes from one who has greatly
distinguished himself by the vigor and
ability with which he has denounced the
whole scheme of reconstruction as a revo
lutionary usurpation and nuliity. And,
still more strange’y, he adheres to that
denunciation, while now arguing that these
| so-called amendments, the oreatures and
culminating points of that reconstruction
j scheme, th valid parts of the Constifu
1 tioc. Such a ooaelusioD from such a be
ginning ! And yet ho is hailed by his new
allies as a very Daniel com® unto Judg
ment. They were in a sore strait tor an
argument-
He s&yu these so called amendments
have become parts of the Constitution, be
cause they have been proclaimed as such,
by the power which, under the Constitu
tion, lias the ‘Jurisdiction" to proclaim
amendments
There has been much said, sir, about is
sues that are ’‘dead surely here is one
that is n< t only alive but rery lirely. Let,
Americans hear and mark it! The Con
stitution can be changed, can be subverted
by Presidential proclamation !!! I once
knew a man who-o motto was that a lie
was better than tbe truth, because, he
, said, truth was a stubborn, unmanageable
I thing, but a lie in the hands of a genius
: could be fitted exactly to the exigencies ot
the case. But pvt nhe admitted that the
lie must be well told or it would not serve.
If it should appear to be a lie it would bo
turned from a thiug of power into a thing
for contempt. There has been progress,
I sir, since that man taught. It is now dis-.
covered that a knenrn, proven lie is as good
; as the truth, provided, it can only got
I “proclaimed” by a power having ‘juris
diction” to proclaim it!! I, sir, know of
! no power—either on the earth, or above
i it, or under it—that has “jurisdiction” to
“proclaim’' uss !! Nay, sir, I know of
I no power which has jurisdiction to pro
: claim amendments to the Constitution. Ac
cording to my reading of that instrument,
amendments constitutionally proposed
“shall be valid to all intents and purposes,
as part of tbe Constitution, when ratified by
the Legislatures of three fourths of the
several States, or by conventions in three
lourths thereof, as one or the other mode
I of ratification may be proposed by the
j Congress.” Tbe ratification by three
fourths of the States acting through their
Legislatures or their Conventions sets the
seal of validity on tho amendment and
ms kes it a part ol the Constitution. Noth
ing else can do it. It must be a true rat
ification, by a true Legislature, or a true
Convention of the State. A false ratifica
tion. by a true Legislature of the State,
will not do. A true ratification, by a spu
rious Legislature, will not do. The valid
ity of the amendment, and its authority as
a part of the Constitution, are made to
depend upon the historic truth of its rat- I
ification as required by the Cos istitntion.
Proclamations of falsehoods from Presi- i
dents, or from anybody else, have nothing i
to do with the subject. This is plain doc- ;
trine, drawn from the Constitution itself-
The validity of the Constitution in all
its paits depends upon the facts of their j
hisrery.
But, according to this new discovery, j
the President of the United States can
subvert the whole Constitution, and make :
himself a legal and valid autocrat, by sim- \
ply “ proclaiming” that an amendment to j
the Constitution to that effect has been |
proposed by two-thirds of each House of i
Congress, and ratified by the Legislatures
of three-fourths of the States; although
it may be known to all men that there is ,
not one word of truth in the pro-lamafion.
The President of the United Siates can I
legally convert himself into an atrocrat by j
his own proclamation. Theories are quick
ly put into practice in these days. Let the i
country beware!!
We are also told by this new Daniel, j
not only that the usurpation has become
obligatory by its success, but there is no j
hope of getting rid of it; for he says, it
cannot be changed without another
amendment,- ratified by three-fourths of
the States, and that there is no prospect of
getting these three-fourths. Wonderful !
Why, he himself has taught us, that the
whole thing may be accomplished by a
Presidential proclamation. We have only
to elect a Democratic President, and let
him “proclaim” that anew ameudniont,
abolishing the 14th and loth, has been
duly proposed and duly ratified ; and the
thing is done. That, sir, would he the
way taught by this new light; but it
would never be my way. I do not pro
pose to walk in the ways of falsehood. I
prefer truth ; because it is nobler, gran
der. I believe also that, when it is sup
ported by true and bold men, it is always
more powerful. My way would be to
elect a Democratic President; and let him
treat the usurpation as a usurpation and a
nullity ; and let him withdraw the bayo
net ; and “proclaim” that the revolutiona
ry governments in these ten States would
not be supported by him ; but that the
constitutional Republican governments,
which now exist here, would be left free to
rise from their state of forcible repres
sion. and do their natural and legitimate
work of true restoration, real peace, sin
cere and cordial fraternity. The whole
problem is solved by the simple with
drawal of the bayonet.
I have dow shown that the 14th and
15th amendments do not form any part of
the Constitution; and thus have made
good my first position, that the whole
Enforcement Act, which depends solely
upon them (or its validity, is not a law,
but a mere legal nullity.
My second position is, that, even if the
so-called 14th and 15th amendments were
valid, yet all those parts of the Enforce
ment Act claimed ab applicable to my case
arc utterly “outside” of them, and (being
confessedly outside of the Constitution
apart from them) are unconstitutional and
not binding as law.
The 14th amendment and the small part
of the Enforcement Act relating to it have
no relevancy to this prosecution, and I
shall say nothing further about them.
Thoso parts of the act claimed as ap
plicable to my case rest solely upon the
15th for their validity; and, in order to
see whether they are outside of it or not,
it becomes necessary to know what are the
terms and extent of that amendment.
The effect of its terms is strangely mis
apprehended. it seems to be regarded as
a thing which, by its terms, secures the
right of suffrage to the negro, aDd em
powers Congress to enforce that right.
This is a total and most dangerous mis
take. Here is tbe amendment. It is not
loDger than the first joint of my little
finger:
“Section 1. The right of citizens of the
United States to vote shall not be denied
or abridged by the United States, or by
any State, on account of race, color or
previous condition of servitude.
“Sec-2. The Congress shall have power
to eulorco this article by appropriate legis
lation.”
This is fho whole of it. Now, sir, I
defy refutation, when I affirm that, by
these terms, the right of suffrage is not
conferred upon nor secured to any person
or class of persons whomsoever. The
whole is simply a prohibition on the
United States and the several States. The
United States, in legislating for the Dis
trict of Columbia or a Territory, and the
several States as regulating their suffrage,
each for herself, are prohibited from deny
ing it to anybody or abridging its exorcise
on either one of three grounds-- race,
oolor, or previous condition of servitude—
hut are left perfectly free to abridge it or
deny it on any' other ground whatsoever—
sav female or male, ignorance or intelli
gence, poverty or wealth, orimo or virtue,
or any other of an innumerable multitude
of other grounds, lo point of fact, the
right is denied, both by tho United States
and by each one of the several States, on
many of these other grounds ; and the de
nial is enforced under heavy penalties, not
only W the laws of the States, bat by this
very Enforcement Act itself. To say that
the right is conferred on or secured to any
body, because it cannot be denied for any
one or all of three reasons out of an indefi
nite number of possible and usual reasons,
is simply absurd. As well say that a plat
of ground is fenced or secured from intru
sion by putting a wall on nne side of its
many sides, leaving all the other sides per
fectly open. A right is not conferred or
secured by law, when it can be denied
without a violation of law.
This brings tne to the crucial test of my
second position. Whether I have violated
any pro vision of the Enforcement Act or
not, it is at least certain that I have not
violated the 16th Amendment, It is
affirmatively proven, by the testimony of
the two prosecutors in this case—tho two
negro managers of election—that I did not
object to- or in any manner interfere with
any vote on the ground i t either race,
color or previous condition of servitude.
It is manifest, then, that if I have violated
any part or parts of the Enforcement Act,
such part or paits are “outside” of tiie
Amendment and unauthorized by it;
since I have not violatod the Amendment,
itself. I have not violated the Amend
ment, even if its prohibition readied pri
vate citizens, instead of being confined, as
it plainly is, to the United States and the
States severally.
The truth is, that far the greater part
of the Enforcement Act is “outside” ol the
Amendments which it professes to enforce.
This aet presents another live and very
lively issue to the people of this country ;
and already are the thunders of opposition
heard from Republican as well as from
Democratic quarters. Under pretense ot
restraining the United Stales and the sev
eral States from denying or abridging the
right of suffrage ou account of race, color,
or previous condition of servitude, this act
taker control of the goDera) aud local elec
tions in all the States—seizing tlic whole
political power of the country, and wield
ing it by the bayonet; and fills up pages
of the statute book with new offenses and
and heavy penalties levelled, not against
the United States or the several States, or
; their officers by whom alone the 15th
Amendment can possibly b ’ violated, but
; against private citizens. The Alien and
I Sedition Acts, which, by the power of their
recoil, exterminated their authors, were
not equal to this aet either in the naked
ness or the danger of thsir usurpation It'
this act shall prevail aud abide as iaw,
! then our heritage ot local self-government,
' lost to us, will pass into history, aDd there
stand out forever a glory, to the noble sires
who wrung it from oafe tyranny, and a
j shame to the degenerate sons who sur-
I rendered it to another,
I My third and last position is, that, even
if the Enforcement Act were valid in all its
parts, yet 1 have not violated any one of
them. lam accused under its sth and
IStlj sections.
The 6th provides a penalty against
“ preventing, hindering, controlling or iu
timidating, or attempting to prevent, bin
der, control or intimidate” any person
from voting “to whom the right of suf
frage is guaranteed by the 15th Amend
ment," I have already demonstrated that
the 15th Amendment secures or guaran
tees the right of suffrage to nobody whom
soever. It is impossible, therefore, that 1
am, or that anybody ever can be, guil'y
under that section.
But ag*ain; the testimony utterly fails
to show that I interfered ia any way with
the voting of any person legally entitled to
vote, or indeed, with the voting of any
person whomsoever- It was incumbent
upon the prosecution to show u-hat per
sons. if any; and that they were persons
entitled to vote. Tbe Enforcement Act
itself inflicts a penalty on all persons who
vote illegally; and, of course, cannot in
tend to punish the prevention or hindrance
of illegal voting. The attempted woof, as
to my interference with voters, relates to
four persons only. It fails to show that
either one of the four was a person enti
tled to vote. It fails to show that three
of them did not actually vote. It fails to
show that any one of them offered to vote
or even desired to do so. It fails to show
that any one of them heard me make a
single remark, saw me do a single act, or
was even in my presence ftom the begin
ning to the emi of the three days' election, j
As to the remark which I made to a
small crowd, about prosecuting all who
should vote without having paid their |
taxes, I have this to say : In the first I
place, it is not shown who composed that 1
crowd, nor that one single one ol them
was a person entitled to vote. In the j
next case, the remark was a lawful one ; I
for it was simply the declaration of an in- j
tention, not to interfere with legal voters, i
but to prosecute criminals j and therefore j
cannot be tortured into a threat, in any
legal or criminal sense of that word. A j
threat, to be criminal, must be the deck j
ration of an intention to do some unlawful
act; and it never can be unlawful to ap- i
peal to the laws.
1 pass to the charge, under the 19th |
section, that I interfered with the mana
gers of election in the discharge of their
duties, by causing their arrest under judi
cial warrant. That part of the 19th sec
tion which is invoked against me is in
these woids : “Or interfere in any man
ner with any officer of said elections in the
dt.-charge of hisdutitf."
1 My first answer to this charge is, that
the managers were arrested, not in the
discharge of their duties, but ic the viola
tion o r one of the most important of them
-Tone prescribed not only by the Consti
tution of the State, hut by the very En
forcement Act itself; for the act made it
I their duty to reject all illegal votes, and
provided a penalty for receiving them.
: These managers had reaeived and were
j still receiv.ng the votes of persons who’
had not paid tl eir taxes of the year next
: preceding the election, as required by the
| Constitution of the-State. The testime-
ny slows that this fact was fully proven,
and Dot denied by them, on the commit
ment trial before the magistrate. The
reply to it then was, and now is, not a de
nial, but a justification, on two grounds.
One of these grounds was, that the oath
which they haa taken, under the Aker
man Election Act, required them to let
every person vote, who was of apparent
full age, was a resident of the county, aDd
had not previously voted in that election.
They said then, and is* is now sail again
here, that they could not inquire into the
non-payment of taxes or any ether Con
stitutional disqualification for voting, ex
cept only non-age, non-re-idence and pre
virus voting in that election. And yet, a
man who wa ! ot fml age, and a resident
of the county, and who had not previously
voted was excluded by these same man
agers, on the ground that he was a con
vieted felon. Their own action in exclud
ing the felon is utterly inconsistent with
their construction of the obligation of
their oath-. The oath, as construed by
them, and now construed here by the
prosoeating attorney, is in plain conflict
with the Constitution, and is, therefore,
void, and could not relieve them from
their Constitutional duty to exclude all
who had not paid their taxes- The first
ground of the managers’ justification
therefore fails.
Their other ground was, that the unpaid
tax of those whom they had allowed to
vote without payment of taxes, wa3 only
poll fax, and that the tax had been do
dared by an act of the Legislature to be
illegal ard unwarranted by the Constitu
tion, and its further collec’jon suspended.
The fact that it was only poll tax does i
not appear from the evidence before your I
Honor, but I admit it to be true. I did i
not corne here to quibble. lam here to
justify my conduct under the law, on the
truth a9 it exists, whether proven here or
not. My answer is, that this declaratory
act of the Legislature is false, unconstitu
tional, null and void. The act is but the
opinion of the Legislature, concerning the
constitutionality of a previous act of 1869,
imposing the poll tax for that year. That
act is before me, imposing a poll tax of
one dollar per head “tor educational pur
poses” using the very words which are
used by the Constitution itself in defining
the purpose for which poll taxes may be
imposed. Now, sir, the question which I
ask is, what it is that makes this act “ille
gal” or unwarranted by the Constitution ?
Surely, it is not mad 6 so by the subse
quent declaration of he Legislature, put
forth just before the election, to serve a
palpable, fraudulent, party purpose.
The Legislature is cot a Court: but, on
tbe contrary, it is expressly prohibited by
the Constitution from exercising judicial
functions, and its declarations, concerning
the constitutionality of Legislative acts,
have no more authority than those of pri
vate citizens. The single question then is
whether the declaration in this case is true.
The Legislature assigned its reason for tbe
opinion it gave. What is that reason? It
is that the Constitution limits the imposi
tion of poll taxes to educational purposes;
and that when the poll tax in question
was imposed, there was no system of com
mon schools or educational purpose to
which it could be applied. Therefore, they
said its imposition was “illegal and un
warranted by the Constitution.” They
said it was unwarranted by the Cons itu
tion to provide the money before organiz
ing the schools, to which the money was
lo be applied; that is to say, tho only
Constitutional way to organize the schools,
was to go in debt for thorn 1 I lack words,
sir, to properly characterize tho silliness
of this reason.
But, curiously enough, the Constitution
itself took the very coutse, which these
sapient Legislators declared to be “illegal
and unwarranted by the Constitution.”
It provided money and devoted it to these
very Common Schools, which were still in
the womb of the future at the timo of its
adoption. It dedicated to that purpose
the whole educational fund which was then
cn hand. Therefore, I say, this declara
tory act is not only false, but is in the very
teeth of the Constitution itself. Mark
you, sir, it did not repeal nor attempt to
repeal the pi II tax ; it only suspended its
collection. But, 1 say, if it had been a
repeal iu terms, instead of a mere sus
pension, it could not change tho case, as to
the right of a person to vote without hav
ing paid the tax. The Constitutional re
quirement is, that "he shall have paid all
taxes, which may have bean required of
him, and which he may have had an op
portunity of paying agreeably to law for
the year next proceeding the election.”
The poll tax was “required” in April,
1869, and continued to be required,
up to the passage of tho aforesaid
false declaratory act, in October, 1870 —
a year and a half. During all that
period tax-payers had “opportuniiy” to
pay it, They had 547 opportunities,
counting each day as one opportunity.
On the day of the election, then, any man
who had not paid his poll-tax for 1869,
stood in the position of not haying paid a
tax, which had been required of him, and
which he had had very many opnortuni
ties of paying agreeably to law. He stood
clearly within the letter of the Constitu
tional disqualification for voting. He
stood, also, within its reason and spirit,
for its true intention was to discriminate
against the citizen who should not have
discharged a public duty for tbe year next
preceding his election. Nothing but pay
ment could remove from him the charac
ter of a public delinquent. Legislative re
mission of the tax cannot serve the pur
pose, for he stills stands after that as a
man who has failed in a public duty. Tbe
most that can be said for him is, that af
ter the repeal, the tax ceased to be requir
ed of him ; but the only material facts —
that it had been required, and could have
been paid, but had not been paid—remain
unaltered.
Ths managers, then, in receiving the
votes of persons who had not paid their
poll-tax, were net in ‘'the di>cbarve of
their duties." Whether they thought so,
is not tbe question, If they were really
wrong, then I was right, and surely I am
not to be punished for being right. There
were no interference with them in the dis
charge of their duties.
But again .• even if I re re wrong in the
opinion which I entertained of their duty,
yet I did not interfere with them unlaw
fully.. The whole context of tbe clause,
in the 19th section under whioh I am ao
cused, shows that the interference com
temrlrted is »o unlawful interference ;
especially the words which come immedi
ately after it—“or by any of such
means os other unlawful means,” etc.
This “ether” shows conclusively,
I that all the means contemplated were only
: such as were of an unlawful character.
I This would be implied in construing any
i pensl statute, even if it were not ex
| pressed; lor the universal rule of col
j struetiou for penal statutes is, to construe
i strictly against the prosecution, and
i liberally in favor of the accused. It is pof--
| Bible that any Judge can have the hardi
j hood to hold, {hat it was the intention of
| this Rnforoaiaent Act; to impart to
1 managers of election the sacred character
! of Eastern Brahmins, making them too
holy to be touched even for their crimes ?
i Surely it was not intended to give them
j greater sanctity than belongs to peers of
I the British Parliament, or to legislators of
1 our own country while engaged in legisla
] tion. Notwithstanding allthe high privi
! leges accorded to them, all of these are
| subject to arrest in any plane, at any mo
! meut, under a warrant charging breach of
j the peace or felony. Was it intended to
i protect these managers from immediate
accountability for all felonies which they
: might commit during three whole days i
| Until this shall be held as the intention of
i riie Enforcement Act, it is impossible to
maintain that I bare violated it in any par-
I ticijlar whatever.
The constitution declare 3 , that “ the
right of the cit;zen to appeal 10 tfiu courts
shall never be impaired.” My whole of
fense, sir, is this : that I appealed to a
court of competent jurisdiction. I devoutly
believed I was right in my opinion of the
law. I believe so now. But, whether I
was right or wrong in my ojdnion, who
will dare to say that 1 was wroDg in test
ing that opinion, not by the strong hand,
but by appealing to a court appointed by
the constitution, for the very purpose of
deciding the question ? That court de
cided that I was right; and the “inter
ference” which followed, sir, was the in
terference, not of myself, but of the law,
as expounded and administered by a judi
cial tribunal. Moreover, sir, the decision of
that tribunal stands as the law of the case,
until it shall be reversed according to iaw.
These managers were charged with felony
under the laws of this State. Was it a
crime for me to seek a judicial inquiry
into the truth or probability of such a
charge ? I suspect, sir, that my real
crimes in the estimation of my persecu- ;
tors, is, that the judicial interposition ic. I
voked by me, had the effect of preventing
numerous repetitions of a crime, which
would have done signal service to their po
litical party.
If angry power demands a sacrifice
from those who have thwarted its fraudu
lent purposes, I feel honored, sir, in being
selected as the victim. If my suffering
could arouse my countrymen to a just and
lofty _ indignation against the despotism
which, in attacking me, is but assailing
Lw, order and constitutional government,
I would w't shrink from the sacrifice,
though my blood should be required in
stead of my liberty.
BKIBK ts. CORKER.
TESTIMONY CONTINUED.
Robert Washington, colored, sworn —
says : I now live in Richmond county :
am a painter by trade; on the 19th of
December I was in Washington, Wilkes
county.
Robert Washington, colored, resumed—
Was at the depot a little before the train
got in; there was a crowd of men stand
ing there on the platform when I reached
there ; I w ent down to see if tho Repub
lican speakers, Fannin, Beard and Bryanr.
had arrived ; myself. Harris, Radley and
Hammond went down together to see if
the speakers had arrived ; we were stand
ing talking among ourselves unt'l the ar
rival ot the train; nothing occurred espe
cially at thi-, time; I had nothing to say
to any white men there; Harris, Radley
and Hammond were colored ; the crowd
on the platform were white men ; the
white men and colored men above men
tioned who were with me, had no conver
sation with them prior to the arrival of
the train to my knowledge ; if there had
been any such conversation I should have
known it; when the train was arriving I
got up on the platform to see it arrive;
there was a tall white man in a gray coat
standing on the platform, six or eight feet
lrom me, talking with other white men ;
this man said “damn Bryant, if he is on
the train to-day we will pick his teeth ;”
then this man asked Mr. Booker, the bag
gage master, w ho was on the front part of
the engine, "if those fellows were aboard;”
Booker replied that “he did’nt know;”
then a crowd of white men rushed into
the train; the tall man with the gray
coat on and the croud with him were the’
ones that rushed into the train; Radley
and myself walked to the train ; I to the
lower end and Radley to the upper; I
went to tho lower end of the last passen
ger coach ; got to the lower end of tbe
train after the crowd of white meD had
gone into the train ; I stood at the lower
end 3bont two urinates and then started
to go back to meet, Radley; when I reached
him he said, “Washington you see those
men yonder, (I mean the same crowd of
i twelve white men that I before referred to,
part of the crowd that went into the train
had come out of tho train and walked
bac* upon the platform), I think they are
coming back af'ier me to raise a fuss with
me, for they have knocked my hat off;”
I replied, “you teckon so ;” by this time
these men came up to Radley aDd said,
“you insult a white maDj” Radley said,
“no sir, I don’t intend to iosult any one ;”
t,he,o he commenced (Radley) backing off.
[Witness here withdrawn.]
Josiah Sherman swore and testitified—
That his name was Josiah Sherman ; place
of residence Fulton county,as I have decid
ed for the present, ; I was in Columbia
county at the late election for Congress
men ; in the morning early was at Chas.
Stearns ; at half after ten or thereabouts,
was at Appling Court House ; was there
in capacity of U. S. Deputy Marshal for
Columbia comity ; wheE I reached there
they appeared to be voting; when I
reached Appling Court House I placed
myself under the care of the mili
tary, stating to the commandant that I
came to attend the election, and gave him
to understand who I was and what posi
tions I had held heretofore in the county,
and that at the time I held the position of
Deputy Marshal for tho county, showing
my papers ; he promised me protection ;
I then placed myself in front of the win
dow where they were voting ; 15 feet
I suppose therefrom ; I then called the
attention of the managers of the election,
and asked them if their Board was prop
erly organized ; one of them replied that it
was ; 1 then called the’ name “James M.
Anthony,” asking if he was there ; it was
answered “noI remarked that Chas.
Stearns’ family were sick, and he could
not be there ; he was a manager of
the election; I then asked for Robert
Lee ; they replied that he was present;
upon i that i remarked that Robt. Lee
proper stood on the outside ; that is, that
he was not an active manager ; upon that
they replied that all the Robt. Lee they
knew of in the county was this Robt. Lee,
referring to a youDg man who was then
acting as a manager',; I asked the managers
for an interview with them ; they asked
me into their room where tho polls were ;
I walked in nod Robt. Loe proper with
me, aDd introduced Mr. Lee to the man
agers as Root. Lee, a manager of elec
tion ; one of the managers asked me what
should be done; "Shall we throw out
tbe votes and vote over again” saying
“this is illegal ;” I replied “that I was no
manager of the election,” must do
that themselves ; I only wisbod to state
the facts that this Robt. Lee is the man
whose name 1 introduced to the Gov
ernor as one of the managers of the elec
tion and who was nominated by tho Board
and confirmed by the same ;” at this point,
or there about. Dr. Casey came into the
room and said “that the election could be
conducted by thtee freeholders ;” I
was then invited to leave the room;
leaving Robt. Lao propel in the room ;
very soon after ho was sent out;
then I placed myself again in front
of the window outside of tho rope,
fifteen feet from the window ; soon
after this a man stood upoD the door
steps and with a lsud voice called upon all
the Democrats to conic up and vote over
again, “ white and colored, all the Demo
crats, oome and vote over;” they did vote;
I kept tally of the voters to the amount
of perhaps 200 ; during this time of tally
ing Dr. Casey stood before me and asked
“who was manipulating affairs in Augusta
ityit they should send a clerk up here to
manage our affairs;” to which I made no
reply ; when two or more hundred votes
had boeo cast over, as I suppose then,
thoso that appeared to have Republican
votes erowded themselvos up to the polls ;
I still kept at it, when Dr. Cancy made
objection to my tallying; I heard Dr,
Oasey say "he didn’t want any damned
clerks from abroad hero,” and that "Sher
man had no busino.-s here;” I heard him
repeat this language in substance several
times; about the same time, while Dr,
Casey was talking, tho Lieutenant re
quested me to put up my paper ou which
l was keeping tally, giving his reasons
“that Dr. Casey said to him that if Sher
man didn’t, put up his pencil and paper he
would take it away from him and slap his
chips,” at which I replied “that I had a
right to use my penc l and paper, I was
interferriug with no ur n's rights.” The
Lieutenant left me and in a few minutes
returned with the same request, then
left, and I persisted in tallying;
he afterward came in in a few minutes,
and made tho same request that I should
put up the paper and pencil as if I did not
lie could not control the mob ; I then put
up my paper, still remaining in my chair
and counting the votes, occasionaily pat
ting the count on the margin of a news
paper ; at about this time there wqs a cry
that “negroes had got guns;” this cry was
repeated several times, at which a large
majority of the people assembled left, run
ning to where the guns were supposed to
he ; I did’nt go myself, but saw them all
running toward the guns; after they re
turned (that is the crowd) to the polls the
voting commenced, and a few colored peo
ple; voted; a large majority of those colored
men that voted about this time crowded
their way through under sling-shot and
bludgeon; this place where they voted
was in the southeast .corner (I believe) of
tho Court House, the place of voting, with
a rope running from the southeast corner
around and near to tire otnti-c of the hoqse,
giving a distance of about four feet from
rope to the building, having a passage
way ; this place above described was the
place of ingress; the place of egress was
at the southeast corner, about four feet
therefrom ; when the voters came in at the
place of ingress they had to pass through a
number of men who were stationed there
to examine the votes ; one man stood at
the rope with a slimi-shot under his wrist,
cursing and swearing, and damning the
Republicans ; another stood beyond him
with what I call a biudgeoa ; said blud
geon being a large round ball sseeming to
be of metal ; I requested the L’eutenant to
see the Sheriff and have it disposed of,
and put out of the way (that ia the sling,
shot and bludgeon) ; be said that ho told
the Sheriff to do so, but they were not
taken away ; I was in sight of tbe place
of ingress and egress from about half after
ten until the beli rang tor dinner,
two o’clock ; I saw these men having the
sling-shot and tho bludgeon about there
fully ono ha!f the time that I was there;
then we took recess for dinner, about one
hour ; polls were closed during that time ;
after dinner I resumed my former plaoe,
and voting for about half aa boqr went
along very regularly until parties came
that seemed determined to drive me from
the place by threats of violence ; so much
so that the Lieutenant said that I had
better come inside the rope ; I complied
with his requ°st and stood inside the
Court House for several minqtes, until
the parties threatening violence appear
ed by my side, when I was
requested to leave the ground by the
Lieutenant, who said that he did it at
the request of the managers; I then
steppedi in front of the window and said,
“Gentlemen. Managers, la it your re
quest that I should leave the ground ?”
One of the managers, Mr. Hicks, replied
“yes then one of its clerks said “yes,
leave,” and with oaths remarked that my
presence created disturbance ; then re
peated with oaths, “leave;” I then asked
Mr. Grey, another manager, “if it was
his request that I should leave ;” his re
ply was “that he wished to say nothing
about it;” I asked iflhadnot a right
there ; he replied that “he.had seen noth
ing in my conduct why I could not re
main ;’’ at this time the Lieut Dant took me
by the arm and led me off saying, “I do this
for your safety;” as I moved off the
white crowd followed me a number of
yards, yelling and screaming at tbe top of
their voices, and the colored people nearly
ail left, running different ways ; when the
white people returned to tbeir voting
place finding but a few if any colored peo
ple, but a Isrge number in the dLtance ;
they ran after these colored people and
drove them to the hiHs and woods with
shrieks and the firing of revolvers.
•Josiali Sherman resumed.—After leav
ing the polls I went to the soldiers tent
with the Lieutenant ; I left the Lieuten
ant's quarters to return home Thursday,
the last day of the election, about 9
o’clock in the morning ; while at the sol
diers quarters I could see arouud the
polls, but not into the window where the
votes were cast ; I saw’ no blows after that
time ; nor did I see any one that was
struck during the time of my absence from
tbe polls ; but I did see on that day two
persons who had been struck before I left
the polls ; I saw and heard men swinging
tbeir hats, and shouting and cursing and
throwing up their revolvers, and crying out
against “the damned Radical who had
been driven from the place.” and also
“damn the nigger who would follow such
a damned Radical;” language similar to
that ; a great deal of it was used ; I know
of none others in the interests of the Re-
publican party that acted iu conjunction
with myself iu keeping tally of the voting;
if it hail been done I think I should have
known it; the second day of the election j
mostly white people came in on horse- j
back; some colored came on horseback ; j
the white people, I judge about 11 o’clock, i
began firing off pistols to that extent that
the Lieutenant called his soldiery out on
the doublo quick ; they fun from
the tents past the Court House, and
demanded peace and order; then
the people said, “tho boys are only
discharging their pistols;” at this time
the colored men (what lew there were) ran
as the day before to the' woods; I heard
- the same whooping and yelling as on ths
former day; after 1 left the polls the first
day I did not return again that day to
them; I didn’t consider it safe to do so.
in consequence of remarks made in regard
to mysrif'; a man at my. right said, “riher
man, God damn you, you aro a good look
»*>J* mao and mot 1 nnafLov xaij,
“yes, God damn him, ha looks just as if
he had come from hell;” the last man
that spoke said, “I would like to put a
hall through him and send -him hack
this was said in a threatening manner at
the time I was being moved about by the
Lieutenant and Managers; I did converse
with the Republicans of Columbia county
on the Ist or 21 day of tho late election f( r
Congressmen in this district; irom what i
saw at said voting place and from what
the Ropublicans'of said county said to me,
my cpiuion is that the effect was to io
timidite said Republicans and to prevent
them from voting according to their
wishes; a free and fair eleotion was pre
vented from the iact that the passage wty
was so completely blocked ty white men
standing there that those nor showing a
Democrat ticket were only occasionally al
lowed to pass, ar,d in two instances alter tho
colored Republican did pass through this
crowd be was placed back over the rones by
the Sheriff, but a man showing the Demo
crat tickets was helped to vot,e ; I don’t
know that I found a single white citizen
of Appling county acting in the interests
of the Republican party ; 1 hold a posi
tion as Senator from the 29ch District, in
the late General Assembly; the 29th
District is composed of Wilkes, Columbia
and Lincoln counties.
Cross-examined.—l was living at At
lanta at tho time of tho late election ; I
have been living in Atlanta a portion of
the last two years, back and forth between
there and Columbia county ; I wont in
January, 1867, to Columbia county ; I
have never signified to any ono that I
have left Columbia county at all, even
since the election; my family has not
been in said county for a little over a year ;
I cannot answer the question when my
family changed its place of residence from
tho above county ; I moved to Georgia
the fall of 1865; my last residence prior
to that w*as N. H. ; I did bring property
with me ; I was a member of the Con
stitutional Convention of Georgia ; was
elected in fall of 1867 ; I was elected
from Columbia countv; the date of my
commission as U. S. Deputy Marshal was
a few days previous to the election , I was
deputized by Commissioner Robinson at
Augusta; it was my object and desire to
go to Columbia county, when I left At
lanta, and it was thought best by some of
my friends that I should take such a com
mission; I was appointed U. S. Deputy
Marshal for the same purpose as other
Deputy Marshals through the land ; I
can’t tell whether I have performed tho
duties of that offiee as other Deputy Mar
shals do, not being conversant with their
practices ; I have performed no duty under
my commission ; there was one man whose
name I know not, appointed with myself
as Deputy Marshal for above oouDty ; Cos
luinbia Court House is about tho same
distanco from Atlanta as Augusta (171
miles); I did carry Republican tickets
with me from Augusta to Columbia Court
House; my objeot in taking the above
commission of Deputy Marshal was in af
fording myself and others around me. pro
tection ; I expected there were U. S.
troops around the Court House but did
not know until I got there ; I do not know
of any citizen of Atlanta besides myself
who has received a commission of Deputy
Marshal for the sth Congressional District;
it was decided on in a consultation with
my Republican friends that I should take
this commission; Mr. Belcher was present;
Colonel Bryant, I think, wa« also present
at this consultation ; I did not, to the best
of my remembrance, have any conversation
with Mr. Beard either before or after my
purpose of going to Columbia county ; I
was not instructed to say to tbe colored
people that if they did not vote the Re
publican ticket that they would be put
back into slavery or suffer some personal
damage; I did not issue any orders as
Deputy Marshal whi e at Columbia Court
House; I was r,ot called upon to quell any
disturbances in my official capacity ; I did
not call upon any United States officer to
aid me in the performance of my official
duties ; I had been to Columbia Court
House prior to tho late eleotion ; can’t tell
how many times —number ; I left Au
gusta to go to Columbia Court House the
day previous to the election —Monday ; I
staid that night at Charles Stearns’; I did
not meet at any one place, or at auy one
time, as many as five, even, colored people,
tor the purpose of consultation, to the best
of my remembranoe, front the time I left
Augusta,
Josiah Sherman, resumed —I had con
sultation with ono colored man, asking
him to wait upon me while in Columbia
county; I might have said as much as to
ask him if he were going to election or
something of this sort. J knuw nothing
about the nogroeu and the guns, except
from heresay ; I saw none of the guns of
the colored band; I did Dot know before
hand that any ot the colored men were
going to go to the polls armed, exoepl one
man who told me ho was going to take hia
gun, aad J told him frankly that it was
against the law and that it was wrong;
I saw only one slung shot; can’t name
the man who had this; the bludgeon I
referred to was a urge ball; larger than a
hen’s egg, but not so large as a goose egg;
was not attached to a stick but to a string ,
It was about 10 or 10J o’clock whaD i had
the conversation with'managers, it might
have been an hour or an hour and a half
before I saw the others with the bludgeon
and the slung shot; It was said that a
number had voted before my conversation
with managers about Lee; I have read
the Enforcement Act lately passed by Con
gress; I do know that said Act makes it a
crime for any person or persons to inter
fere with Hip managers in any way in the
i their duties ; I do not admit
that I did interfere with managers; I
made no demands to seat one member and
unseat another; my conduct in calling the
attention of the managers to the fact that
Anthony was not there, end tho wrong !
Lee, was merely to put them right; I
think I had the rights of a private citizen !
to do this ; Dr, Casev did not to ray re- I
rcembr&neo say to uio that my officious
conduct was tb'o causo of tho treatment I I
received; It was hot charged upou me by '
any of the people in my hearing that f :
had instigated tho armed mob to go to the
Court House ; I do not remember that the
officer of the U. S. troops fold me such a
charge had been made; I don’t know
whether I got at the Court House before
or after this said mob ; I got (hero ahout
10J o’clock ; the polls vferd open when I
got there, don't know when they were
opened; 1 can’t repeat the reason Hicks
gave for Anthony’s not being present;
Hicks did not show me the commission
under which he acted; I think he did not
tell me it wa3 addressed Robt. Lee, and
not Robt. R. Lee; I think he showed mo
the envelope and niit the qommission , I
do not say that on the first day of the
election a number of colored people scat
tered to the woods; took a number of
their names; one of their names was
Hamilton ; don’t know his middle name’
the time was about four o’clock
in evening; I do know of one man of
that crowd who did not vote before he left;
his name was Talbot Hitt; he was a
qualified voter in the State of Georgia ; I
know that he was over 21 years of age; I
know that ho had resided in the State of
Georgia 6 months, and Columbia county
30 days ; I know that ho has voted once
at least, in 1868; don’t know that he has
not been convicted of felony ; don’t know
that he has paid all legal taxes required
of him for the year proceeding election ;
don’t know on my own knowledge that he
was a qualified voter, not knowing wheth
er he had or not committed felony or paid
his taxes according to the laws of Geor
gia ; I can say that Colbert Hitt did not
vote or attempt to vote after ho left that
day; I got to Stearns at about 7 o’clock
in the morning; I saw Hilt that morning,
he rode with me and took care of my
horse; I aid not see him offer to vote be
fore leaving the Court House ; did uot see
any one intimidate him irorn voting in
any way except as referred to ; cannot say
that any of the colored people who left on
the second day alter the discharge of be
fore said pistols, had not voted before
; leaving ; on the Ist day there wa3 a much
larger proportion of colored people than
white people at the polls, in my optDioo
of 3 to 1; the colon and people generally
did not crowd up the polls ; it[was erowded
without them ; someone did invite “all
Democrats white and colored to come up
and vote again ;” the first day I think
there might have been one hundred col
ored people responded to this call; I did
expect a Democrat to call upon Republi
cans to come up and vote after tbe tickets
had been torn up ot first voting ; I don’t
know personally the man who gave out
the above mentioned invitation ; I have
heard that his name was Sim Lumpkin ;
don’t know that he was a candidate ; had
heard that a man by that name was can
didate ; I dou’t know of any person who
was a qualified voter prevented from
I voting; I did not see any one cut. struck
or jobbed at with a knife, but l saw a
man with a fresh wound upon his head ;
don’t Ldow who did it or how if was done;
the man’s name was Curtis ; l did not
vote at the election at Appling ; I dare
not to ; I don’t remember the name
of the other Deputy Marsha! ; there
was another voting place besides Appling
ia the county it was at Thompson ; I do
| know that the Republican party in the
1 sth district is divided iuto two wings ;
i know there were some lit tie distentions
r about tbe candidates ; hut they called
another Convention at Greensboro and
they settled matters amicably ; 1
know the feeling is not friendly between
Bryant, Blodgett and Bullock, v ho are
leading of the party ; I have no; heard
Mr. Beard sav that the party is distracted
on account of animosities existing iu it;
I think I know about as much of the
political condition of the sth District as
majority of persons ; know it. by observa
tion, through newspapers, &e., as other
persons do ; Bryant, Blodgett and Bullock
differ in politics ; Mr. Bryant did, I think,
in company with Mr. Fannin and Mr.
Beard, canvass this district ; I know that
Mr. Bryant and his paper aro essentially
opposed to Gov Bullock and his State
Administration, but not in politics; we
have looked upon Mr. Tweedy, Judge
Gibson and Mr. Conley as Republicans ;
these gentlemen were not in accord with
Mr. Bryant, Col. Fannin and Mr. Beard in
reference to Gov. Bullock, but after
Greensboro Convention they were.
Re-direct.—When elected to the Senate
from the 29th District I lived in Columbia
county ; did not continue to make that
place my home, because of tho hostile
feeling manifested there towards mo ;
when elected to the Constitutional Con
vention, lived in Columbia county ; did
not call upon U. S. officers at Appling to
assist; never enforcing ike law, because
the Lieutenant told me his forces were iu
sufficient ; know of no one of my own
knowledge that was qualified to vote in
Columbia county.
Re-cross.—l did hold an appointment
on the State Road during official term; it
was Superintendent of car shops ; have
since given it up ; my age is 53 years.
[to be continued. [
Telegraph ic Summary.
London, February 2—noon. —The entcr
ance of Bourbaki’s army into Switzerland
was effected in accordance with a conven
tion between Generals Clinchant and Her
gog.
A bureau for receiving and forwarding
provisions to Paris has been established
at Dieppe. Supplies fjom all quarters aro
invited.
A special dispatch to the Times, dated
Versailles, _ says Bismarck is indisposed
and was visited yesterday by the Emperor.
Lillie, February 2. —The Echo du
JUord is in favor of peace. It ca’lsjhe ap
peals for resistance, made by the munici
pality of Bordeaux, encroachments upon
the powers of the Constitutional Assem
bly.
Meetings are being called in the north
ern dei irtments to nominate candidates
for the Assembly.
lie. Pragres newspaper, of Lyons, Pub
lishes the programme of a Radical so
ciety in Paris, founded by Rollin, Deles
chuze and Peynontox. Ic pronounces for
a Republic, with one Assembly ; an Ex
ecutive to be chosen and recalled by the
Assembly; suppression of tbe standing
army and the substitution of militia, com
prising all citizens; reduction of Budget
and abolition of titles aDd privileges of
nobility. Ic repudiates forever all wars of
conquest, and concludes with tbe demand
that no negotiations be made with tho
Prussians while they remain on French
soil
New York, January 2.—A World spe
cial, from I;ondon, Ist, says a letter from
Colonel Ducau Kentry, assisting in tfie
War Department at Bordeaux, represents
immense reaction in official circles and
among the populace -against the Provis
ional Government. Ten million people
would vote for the restoration of the Em
pire to-morrow. France will refuse to
continue the war. Mobiles arriving at
Bordeaux shout “ Vive la Empereur /”
Before Bourbaki’s army reached Switzer
land, many thousands died from starva
tion. In the J ura, fifteen thousand were
taken prisoners, including cne hundred
officers ; two Generals were alsc captured,
and ten cannon, seven mitrailleuses, and
two eagles. Only eight thousand men of
the army of Bourbaki escaped iu the
direction of Lyons. Magiteuffol is in pur
suit.
The Herald's special from London, 2d,
says the 'limes' comments on General
Butler’s resolution, welcoming the Irish
exiles, as unprecedented. If serious, it,
can only be treated as an act of avowed
hostility. It cannot, however, regard it
as more than part of a discr'ditahle game,
pursued bv unscrupulous politicians, who
| are doing their best to reduce tho char
acter of American representative gov
ernment, and are anxious to secure tho
Irish vote.
Washington, February 3—Fnvre, con
fessing that he hsd overstated Paris sup
plies, appealed to the Emperor to pity
Paris and hurry up supplies. Complying,
the Emperor sent sis million rations and
fifteen thousand cattle. The Pru-siaos
are dismounting guns from Paris walls and
strengthening their positions against pos
sible failure of peace, Bismark feared
Gambetta would be refractory. Favre
replied that Gambetta on'y hold delegated
power from tho Government of National
Defense, and doubted whether Gimb tta
would act in opposition to the Paris Gov
ernment. Should Gambetta prove re
fractory his powers will he rebuktd.
It is helieved that a great majority of
the delegates elected will favor peace on
any bearable terms.
London, February 3. A dispatch from
Versailles, January 31st, states 1 bat the
French evacuated tho farts completely at
about fifteen minutes past three Sunday
afternoon. Tbe Germans of the fourth
regiment took possession of the forts, and
tho colors of the ,German Empire were
floating over all tbe forts. (Several batte
ries of field artillery entered Mont Yale
rian, and the keys of the fort were delivered
by three French officers. The Germans
found the defensas in good order, but tbe
barracks were dirty. The gardens and
palaoes of St. Cloud were utterly de
stroyed. The whole country in front of
Mont Valerian resembles a wilderness. j
London, February 3.—The Admiralty
has ordered the construction of ten gun
boats.
An offer was made by Bismarck to ex
tend the provisions of tne armistice to the
southeastern department, but it was not
accepted by Jules Favre, as tho surrender
of Belfort was one of the conditions.
Prussians commenced to provide for the
restoration of railways, and the provision
ing of tbe capital, tho moment the armis
tice was concluded, but the rolling sleek j
was found in a wretched condi'iou and in- j
j adequate to moot the demands made for
I transportation of supplies. Paris conse- !
i quently suffers for want of food, and is j
j still supplied with rations by the Gor- :
j man°.
I London, February 3. —All signatures
[ to the Pavis treaty are present this after
uoo, except France.
Versailles, February 3.—An official
note from Count Bjsmark'points G'am
betta to the decree issued by him, declaring
ineligibility to the Assembly functionaries
under ihe Empire, us corroborative of
fears expressed by M. Favro that the
elections will not be free. “In consequence
of which,” continues the Count, “I pro
posed tbe convocation of the Corps Legis
lator, which was refused by M. Favre,”
The note concludes with a protest from
Bismarck against the decree, and the
statem&nt that the Germans will only
recognize an Assembly composed of freely
elected Uoputiae.
London, February 4. —lt has been ascer
tained that the Times' statement of the
conditions of peaoe, as regards the cession
of Loraine and Pondicherry, and tbe
transfer of twenty ships of war to Germa
ny, is incorrect. The truth is, the Ger
mans are under proposed terms to keep
Alsace and the fortress of Metz. The in
demnity demanded of Thiers, in Novern
her, was four millions of francs—a figure
which, it is possible, has been doubled
since.
The London Conference deliberations
were prolonged, lasting several hours-
The report that Eugenie left Chiselharc! ,
for the Continent, proves without founda
tion, as does also another report that Mr.
Henri Conti arrived in England ou a spe
cial mission.
It is known now that about 180,000
prisoners were taken in Paris, with 15,000
cannon and 400 field pieces and mitrail
leuses. Tho gunboats in the Seine, and
the rolling stock of railways, were also ap
propriated by the Germans,
Brussels, February 4. —The Gaulois
says the Paris Government has withdrawn
tbe powers of the Bordeaux delegation.
BordeUAX, Februaiy 4 —lnstructions
i-sued by Gambetta, to tho Pieleots of
Departments, request strict execution ot
electoral disqualification decree. Dele
gates from Republican committees
throughout France are arriving at Boi -
deans.
Garibaldi has accepted tbe candidaoy
for representation of Nice in tho National
Assembly.
Count Bismarck having protested agains'
tho electorial disqualification decree of the
Bordeaux Government, Gambetta has
made reply, in whioh he warmly defends
that document, and says it frustrates the
plans of Bismarck ami his accomplices—
the fallen dynasty—and the insolent pre
tension of thePiUssian Minister to inter
fere with the constitution of the French
Assembly. Tho best justification of the
Bordeaux Government is the public meet
ing of last night, which resolved on a mass
demonstration to-morrow, to formally
request Gambetta to accept the Presiden
cy of the Committee of Public Safety, and
prosecute tbe war to death.
Gen. Billot, commander of the ISth
French army corps, lias-arrived at Lyons,
lie reports the retreat of the army of the
East caused by want of provisions and
munitions. The effect of the armistice
there, has been demonstrations of extreme
ly warlike character on the parr, of ihc
, people of Lyons, thousands of whom as
semhled in public meetings, and paraded
the streets, with shouts of “ Vive, la
Guerre," and “ Vive la Commune .”
FROM NEW YORK.
New York, February 4.—The “team
shin South Carolina, hence for Charleston,
broke her crosshcaii aud returned to re
pair.
Buffalo, February. 4 —The Turf Con
gress adopted the report cf the Commit
tee cn Revision of Rules.
Sunday s Dispatches.
FOREIGN.
Sr. lVrEKsnmio, 4. —It is stated upon
reliable authority that the London Couler
ence, having considered a treaty in rela
tion to the navigation of the Danube,
apart from tlio Hlftck i4ca question, ex
cludes it from its future deliberation on
the Dunubian question. The European j
commission having charge of the naviga
tion ot that river, therefore, remains in
force. To this course England, Germany
and Russia raise no objection, and the
Porte has given its consent.
Florence, February 4. —The efforts of i
j neutral powers to interfere in peace nege- j
I tiations at Versailles encounter great diffi
j culties. No truth in the renort that
Chicvalier N igara goos to Versailles
for the purpose of mediating between
Bismarck and Favro.
Versailles, February 3.—Washburn
is here with Favtr. He is much ema
ciated. The works at M ntmedy and R,-
ci-ciy will bo blown up. Ti e Marquis de
Tanpat is a candidate tor the Assembly.
Several trains loaded with provisions en
tered Paris to-day.
The Germans occupied Ahbcvi.lie, in tbe
department oi' Lanime, in spite of Colonel
Viilemorsey’s protest against violatiou oi
the aimistiee.
Lille, February 4. Faidherbo ha;
issued orders confirming the armistice.
Among the candidates nominated by the
Moderates are Tl iera, Changaraicr and
Keller.
London, February s.—The Journal of
Paris, January 31st, announces that Jules
Simou has gone to Bordeaux to signily to
Gambetta that henceforth the Paris Gov
ernment alone po-sesses executive power,
j Bourbaki is eonvaleseent.
FROM WASHINGTON.
Washington, February s.—The Conrt
of Claims is engaged in trying cotton cases
under the act relating to captured and
abandoned property. Several cases, where
in foreigners are interested, have been
waived to abide by the decision ot the
Supreme Court in several test cases.
The Court ot Claims has adopted a rule
requiring an allegation of loyalty to be
expressed in the language of the statue.
Some cases have been withdrawn to amend
the petitions in that particular.
Soheqck will be detained hero several
weeks.
THE COTTON MOVEMENT.
New York, February s.—The Cotton
Movementof the week has been very heavy,
the receipts being in excess of list week.
Tne exports have been far below tho?e of
last week, hut still in advance of the total
of last year. Iltavy receipts have in
creased stocks at interior and seaport
town 3 -. These are now materially in ex
cess of last year. The increase in exports
for the expired portion of tho present cot
ton year are plainly reflected in the large
supply in Liverpool, as compared with
last year, and also in tho grcniiy inorcaard
amount afloat from Great Britain. Re
ceipts at. all ports for tho week. 154,482,
against 150,800 last week, 146,887 th j pre
vious week, and 132,580thre0 weeks since.
Total receipts since September, 2,352,297,
against 1:835,290 the corresponds period
the previous year. The exports from all
ports lbr the week 73,528, against 57,260
the same week last year. Total exports
for the expired portion of the cotton year
1,402,746, against 979,331 the sametimo j
last year. Stock at all ports 617,117 i
against 529 248 last year. Stocks at in
terior towns 124 310, against 103,623 last
year. Stock iu Liverpool 565,000, against j
348,000 last year. Amount of lndiau oot- ,
ton afloat for Europe 93,685, against 103,- i
340 last year. The weather at the South |
during the week was less favorable for
picking operations, owing to tho ftil.of
considerable rain in many sections.
TRLEGIUPIIIC MARKETS.
• m
Liverpool, February 2, night. Cotton
closed dull, with a downward’tendency
uplands, 7|d.; Orleans, Bd.; sales, 8,000
bales; for spe illation and export, 1 000;
sales on named ships, coming and Fading
at New Orleans, 7Jd. for Middling Or
leans.
Liverpool, February 3, 11:30 a. in.—
Cotton dnl'— Official quotations —Uplands
7J(o)Hd,; Orleans, B@B}d.; Cotton shipping
at Nhw Orleans, 75().; estimated sales to
day, 9,000 bales; sales of the week, 66,000,
of which ( xporters took 16,000, and specu
lators 5,000; stock, 578 000,’ of which
251,000 are American ; imports of the
week, 690,000, of whioh 42,000 aro Ameri
can; actual ex ports of the week, 13,004.
New York. February'3, noon.—Cotton
duff and nominal—Uplands, 15}; Orl tans,
16,{; sates, 1,000 bales.
New York, February 3, p. m. —Cotton
closed dull; sales, 2 500 bales—Ur lands,
15} c.
Boston, February 3, p. in.—Cot(on dull
—Middlings, ir>i(a)ls2e; net receipts, 94
bales ; gross, 4,895; sales, 900; stock, 7.000;
net receipts of the week, 1,550; gross,
12,820; sa'es of the week, 2,250.
Galveston, February 3. p. m. —Cotton
dull and nominal—Good Oruinarv, 12}<S)
12}; net receipts, 1,005 bales ; sales, 100;
stock, 62,466; net receipts of tho week,
11,059; exports to Great Britain, 3,670;
coastwise, 1,891; sales of tho week, 2,409.
Baltimore. February 3, p. m.—Cotton
dull and nominal—Middling-, 15; not re
ceipts, GO bales ; gross. 181; exports to eon*
tiuent, 625; coastwise, 25; sales,Boo; stock,
10,985; net 1 eceipts of the week,.9lo; gross,
3,596; exports to Great Britain, 1,205;
continent, 1,440; coastwise, 1,100; sales of
the week, 3,200,
Norfolk, February 3, p. to.—Cotton
dull—Low Middlings, 14; net receipts,
1,515 bales; coastwise, 1,040; sales, 100;
stock. 9,754; net receipts of the week,
10 654; coastwise, 10 591; sates ol the week,
I,COO.
City Point, Va.. February 3, p. m.—
Net receipts 01 the wetk, 940 bales.
Mobile, February 3, p. m.-Cotton firm
—Middlings, 14} ; net receipts, 3,730 bales;
coastwise, 206 bales ; sales, 3,000 bates;
stock, 73,034 ; net receipts of the week,
18,609; experts to Great liritsiu, 1,020;
to the continent, 1,360; coastwise, 2,701;
sales of the week, 17,000.
Wilmington, February 3,p. in.—Cotton
quiet—Middlings, I4c ; net receipts, 475
bates; exports coastwise, 714; sales, 75;
stock, 2,596; not receipts of tbe week,
3,010; exports coastwise, 2,805 bales;
sales of the week, 275.
Providence, February 3, p. ns.—Cot
ton—net receipts of the week, 305 bales.
New OuiiiANS,February 3, p. in.-Cotton
in fair demand at sower rales—Middlings,
14£@t4|c; net receipts, 12,685 bales; gross,
12,953 ; coastwise, l,At4; sales, 11,0011-bales;
stock, 239,725; net receipts of the week,
53,654; gross, .55,418; exports to Liver
pool, 3,913 ; to Cork, 1,707; to VeraCru/,,
652; c tastwise, 6,003 ; sales of the week,
49,000.
Savannah, February 3, p. m.—Cotton
in moderate demand and prices a shade
lower Middlings, 141 cents; net re
ceipts, 4,081 bales; coastwise, 403 ; sales,
1,200 ; stock, 94,801 ; net receipts of the
wetk, 29,870; exports to Great Britain,
18,792; exports coastwise, 5,902; sales of tho
week, 10,600
Liverpool, February 8, evening.—
Cotton closed a shade firmer on spot, and
steadier afloat -Uplands, 7.foa>7id; Orleans,
B(s*B}d ; sains, 9,000 bates; export and spec
ulation, 1,000. The steamer Erin, from
New York, arrived with 2,594 hales.
Liverpool, February 3. —'Tb 6 quotation
of cotton shipped at New Orleans, 7)d.,
previously sent, is incorrect —it should
have been stated that Cotton had been
sold on ship named at Savannah or
Charleston at 7fJ. for Middling Uplands.
Liverpool, February 4, noon.—Cotton j
dull and unchanged—Uplands, 72 (®7»d.;
Orleans, 3@S}d.; sales, 10,000 bales ; sales
on ship named at New Orleans, 7iDd;sd. tor
Middling.
LivEftPOOL. February 4, afternoon.—Cot
ton closed (lull—Uplands, 7id. ; Orleans,
Bd.; sales, 10,000 bales, of which exp orte . ra
anu speculators took 2,000; cotton on ship
named at Savannah or Charleston, ■ 4(«y
7YJ. for Middling Uplands; ditto J<ew >r
leans, 72d. for Middling Orloar#; at sea,
nearly duo, "Id. for Middling Orleans.
New York, February 4, noon.—Cotton
steady—Uplands, 15}c.
New York, February 4, P- m, - Cotton
quiet—sales, 3,200 bales at 15}.
Njlw Orleans, February 4, p. m.—Cot
ton BtWHiy anti in fair demand—Mid
•thugs, 148<qH4l; not
5,361; exports to fii-eat Britain,
3,5.6; Bremen, ?, r n2; Becolona, 1,090;
VeraCrn*, 515; coastwise,2,M4; sales, 7,100;
stock, 235, 22.
Savannah, Febuary 4, j. ns.—Cotton
nrm—Middlings, 14sc; receipt, 5)424 bales;
exports to Great Britain, 2,852; continent,
coas,t "'i se » 2,135 ; sales, 2,000 ; stock,
.91,4a6.
< ; t ari,Kßton, February 4, p. n.—Cotton
77.-? 1 ; 8 Middlings, 14J; net receipts,
l,ot>o bales; sales, 600; stock, 41,567.
Norfolk, February 4, p. in —fotton
hrin—Tinv Middlings, 14; net receipts,
1,33; bales; exports to Great Brila.n 991;
coastwise, 1,572; sales, 200; stock, 8-52-1.
Galvkston February 4, p. m.—Cotton
quiet—Good Ordinary, 12:, cenls; net re
ceipts. 1,523 bales; exports to Great Brit
ain 1,041; coastwise, 656; sales, ooo ; slock,
Baltimore, February 4, n. m Cotton
steady—Middlings, 15c ; net receipt , 100
bales ; gross, 350 ; sales, 385; stock, 11,256.
Boston. February 4, p m.—Cotton
active—Middlings, 15J ; net receipts, 239
hales; gross, 950; sales, 500; stock, 7.0 0.
\\ ilmtkoton, February 4, p. m.—Cotton
quiet—Middlings, 14e ; riebipts, 225 bales;
stock, 2.528.
M CHILE, February 4, j\ m.—Cotton
linn Middlings, Jit cents ; net receipts,
5,0il brie-; coastwise, 712; •sates 2,000;
stock, 76 025.
Box cos, February 3, evening.—Tallow
las. lid.
-New York, February 4, noon.—Flour
dud and lower. Wheat dull and n.omi
n 1! v 1 > - cr. Corn quiet and heavy. Mess
Fork dull «t $22 2. (a;.2 50. Lard heavy at
134. Turpentine steady at 50(515!.
Rosin quiet aud firm—§2 45 for strained!
Freights firm.
New York, February 4, p. m.—Flour
s<# 10 lower—super fine state an j Western,
86 10(i$6 2r. When dull -winter red and
amber Westerr, 81 53@1 60. Corn un
changed. Fork firmer at $22 50. Beef
stojdy. L-.rd dull—kettle. 15}. Groce
ries dull: Naval*-etc.ua Freights liula
firmer.
Baltimore. February 4, p. in. Flour
dull anil weaker, ri hem quiet— choice
w.nto Southern, 8183(61 87. Fork inac
tive at 823. Bacon inactive- -shoulders.
10}. Whiskey, 15.
New Orleans, February 4, p. ni.—
Flour quiet—superfine, s;> 75; double, §7 ;
treble, J 7 25 t orn Jinn at 6S(tj7o. Bran,
81 35. Hay lower—prime, §2 45. Bacon—
Shoulders, 10); sides and h aims unchanged.
Coffee firm, with a stix-k of 25,000 sackv
prime, 15}@15.?. Others unchanged.
Cincinnati Provision Market.
BY KENNEDY, ECKERT & CO.
Cincinnati, Jan. 27, 1871.
Editors Chronicle <t Sentinel:
j The arrivals of llog? at this point aro
j light—to-day they t rot up 1192 head, and
lbr week, 12,634. The total perking to
date, idetuding dressed hogs, will foot up
about 450,600 head, against 337,330 total
packing last year. M.ny of our large
houses have suspended ; 1 tughterinir, and
the season is drawing to a disc. S nee
our las!, we have received further returnß
from country packing points, all report
ing an increase both in weight and uunt
bor. The market for Hogs, and the pro
duct opened dub, and prices of all articles
were 1 over, out towards the middle of tho
week the market rallied, and prices again
reached tho highest point attained last
week, and some artii lt.s are higher. This
market has unloaded no more up to this
time than it did ast season, although
prices are considerable lower. The coun
try points have soul but little. 'Trio mar
ket to-day closes quiet, with hut little do
ing, except in Mess Fork, which is only in
speculative demand. Holders are free
selli rs, but Will grant no concessions to
make sales.
11 oos—The market opened at 87 gross,
and prices advanced from day to day, un
til f8 was reached, but at l lie cir se this was
an outside price, the ruling rates being
?7 50 to 87 80. Wo hear ol ua sales of
dressed.
Green Meats—What few are offering,
sell at 7 i, 9i, 12J@13} for shoulders, sides,
and hates, being an advance of fully lc.
per pound ou the opening price.
Dry Salted ok Bulk Meats—There
is some demand for spot and future, -tout
at lower prices than holders - re willing to
accept; shoulders si>ld at 8; loose general
ly held atjs); clear rib sides arc li rid at 10},
with some salts ;iI ar si-ts ere hdd at 11,
buyers only willing to pay this price
packed ; rough sides are held at 10, with
some sales of country at 9J ; hams held at
13@13}.
Bacon meets with but little attention,
ami we have but little change to nolo in
prices. Early sales at 9}, 11@1U, for
shoulders, clear rib and (Gar sides, but at
the dose 9i@lo, 11}@12 is asked, with
some jobbing sales ; sales were made for
future at a shade overthese prices ; break
last bacon, 14(3* 15}.
•Sugar lured Hams are quiet at 15} m
16, upcanvasseii or canva.-.sed and packed.
Mess Fork This ariic'c was largely
handled, both on a,.ot ands tore, opening
at §2O cash, advanced lo $24 50 •■ash and
future. Iu the middle oft he wee k, $22 37}
(<P 22 50 was paid, casl), and -oiler Februa
ry ; to-day §22 25 casl), $22 60 February,
and §227sseller March were the closing
rates ; country 25 to 50 below oitv.
Rumps—sls f>4@ 16 50, bbh
Jowls—sl3 per bbl.
Lard closes firmer, but demand light
city kettfod held atl2}(gH2s ; prime steam
12, aid head and got, 11} ; ford, J4f.
Refined Lard—'Pierce, 12J t k- K i. wj ;
caddies, 3 lb., 15i@15i ; 5 lb., 15@15} ; 10
lb., 14* @lsf.
< andi.es —16 per pound, of any size.
Plate BEEE-sl6@l7per bbl. Irregu
lar Beef, 810 per obi.
Dried Beef —17 per pound.
_ Gneases are in good demand—brown
7; yellow, 7i(i«S; white, 9@lo.
Steabine—Prime seld at 12}, and at the
close held higher.
Corn—6s, including sacks.
Fr,oo ß --Fam T , .§•;
$6 25(a)6 35 ; extrr, 56 ; super., $5 50(opO 75 •
low grades, §1 5 1(5,6.
Yours, very respectfully,
Kennedy, Kckert & Cos.
| Weekly Review ot Augusta Markets
OFFICE CIIiIONfOT.T? k SENTINEL, )
Aughh-xa, Ga., February ‘2, 1871—P. M. r
\VEEKLY COTTON REVIEW.
COTTON —Sales of tho week at Augnsta, 5244 bale/L
Receipts fr>r the same timo, Gll)r>. Stock on hand,
20,5J5. Stock ou hand at the sumo timo last year
21,91)0 bales.
The market at the commencement of tho wt*ek
opened with a good demand at li?' t > 14>; for Mid
dling, but closed weak and d-clinim- at Up for the
same grades of Cottou. The Liverpool and No w York
markets wore dull and weak at the close of tho week.
Tne lollowiiig ia our weekly report :
I riday, 27.—Our market opened moderately activo
ut yefeterday’s iigurea, and ruled quiet during the
day, and'clcsod weak ut 14?£al4‘£ for Liverpool Mid
dlings. Sales, 1,720 ; receipts, 1,110 bales.
Saturday, 28—Tho Cottou market opened with a
moderate demand, which continued during the da .- at
depliniog prices, closing at 14v for Liverpool Mid
dlin', and 14L to 14S* for New York Middling. Sales,
070 ; receipts, 1,269 bales.
Monday, .'Jo—The market opened with a fair de
mand on the basi3 of for Liverpool and 14*, for
New York Middling, and in response to peace news
prices, early in the day, advanced an eighth to a
quarter. Contrary to expectitions, # Liverpool ac
counts of to-day’s market evinced a‘declining tend
ency, and our marked immediately #ave way, closing
quiet but steady at opening quotations. Sales, 840 ;
receipts, 840 bales.
Tuesday, 31 —Tho market has been very dull aud
irregular to-day, with but very little offering, and no
pressure to sell. It opened at about 14fur Liver
pool, and 14 yj for New York Middlings, aud closed
dull and nominal, with prices an eighth easier, viz :
for Liverpool, aud 14% for New York Mid-
I dliugs. Sales, 569 ; receipts, 1,239 hales.
Wednesday, I—The market opened with a limited
I demand ou the basis of 14)£. for Liverpool Middling,
j but iu response to declining accounts, early m tiur
day. 1 ecarne dull, and closes very quiet at 14 for Liv
! orpool Middling, and 14# to 14 J ; : for New York Mid
dling. Sales, ;88 ; receipts, 1,‘2-iJ hales.
Thursday, 2.—The market opened very dull, and
continued so up to about noon, wliun the market be
came slightly firm and the demand bettor. At the
close the markej was quiet but steady *‘6% for Liver
pool Middlings. Hales, 857; receipts, Vai/bales.
RKOKTPTH OF COTTON.
The following are the receipts of Cotton by tho dis
ferent Hail Roads and the River for the week eudiu
Thursday evening, Feb. 2, 1871:
! Receipts by the Georgia Kail Road bales.. 3227
** Augusta & .Savannah li R £2(>
“ by River 48
“ Charlotte, Columbia a Augusta R R 473
Total receipts by Ft. K aud River.. 4^78
COTTON BHIF4ESTS.
: The following are the shipments oi Cotton by th«
j different Rail Roads and tho River for the weekending
Thursday evening, Feb. 2, 1871;
By Jlailroadl.
South Carolina R. R., local shipment. ...bales 9097
“ “ “ through shipments ’iSS
Augusta & Savannah it. li.. local shipments
“ “ “ through shipments...;
Charlotte, Oo.umbia and Aj'o"* 1 -* M ' **«hip-
Charlotte, Columbia aud Augusta K 14 through
| shipments
jßy River local shipments I H9 4
Total shipments by Railroads and River.... 9157
FINANCIAL. —(Jar money market has been qui*e
j nciive during the past week, and prices have been
i very even and unchanged. The demand tor stocks
and other securities his been good. Georgia Railroad
i stock is steady at quotations. Granitevillo Factory
j stock is in demand, with none offering. Below we
! give the week’s closing quotations of Gold aad Sil
j Gold—buying a 31..
j “ aeiliMg Tl ]l2
Silver—buying u jos
! “ selling u 107
OLD BONDS, ETC.
j Georgia Rail Koa: ends par
“ “ stock 99
I Central Rail'd oal Bonds.. by a 100
sto k,.. li.-, a no
: Southwea era Rail Road Limas 87 a
“ • “ Stock 91 a t>:i
1 Atlanta nd Point Bonds - 9 190
“ Stock 9 a 9S
Mu-on Augusta endorsed Bond.-... •' a 91
M . an l Augusta Mortgaged Bonds.. r r » a 87
i MacOn and Augusta Stock - a 49
Muscogee Rail Road Bonds * 9*2
ftsergia Sixes, old. > “' M a
“ Be veils, new ••• ” *
Charlotte, Col*Tr‘ K «-< « Augusta St" '■ ■ a 4 ( >
National Bank Stock
Macon £i Brunswick Bonds ?•* a 76
Atlantic A Gulf Rail Road Stock .... 35 a 37;£
Augusta Bonds **• B*> h 83
City of Savannah Bonds • • • * a
Augusta Factory Stock.. a 162
Graniteville Factory Stock
Atlanta per cent Rotkls 71 a <2
Bath Paper Hills Stock 9U a
GEOiISIA KANEn.
Rank of a—
Bank of Fulton •_ f’ “
Bank cf Middle Georgia a—
Road and Banking C 0.... a—
Marino Bank 03 a—
bOOXH CABOr.IN, BANK3.
Bank of Cam den M a tl>
Bank oi Charleston OS a—
I Bant of Oeorgetosai « a _
Bank ot Hamburg 8 a 10
I Bank of Newberry 05 a ~
I Bank of Booth Carolina 8 a 10
Bank ol tne State of 8. C., old i.«ae... 40 a—
| Bank of the State of 8. C., new Isaac.. 30 a—
Commercial Bank. Columbia 5 a—
Exi imnge Bank, Columbia 5 s
Merchant!*’, Che raw 5 a—
peoples’ Bank 98 a—
Planters’ Bank 6 &
Planters’ and Mechanics* Bank 93 a—
Southwestern Rail Road, old 93 a—
State Bank o a
tfnion Bank 98 a
BUSINESS—For tho week generally speak
ing, trade has been good. The Bacon market during
the early part of tho week was somewhat excited and
prices were stiff and tending up. It is now mom
quiet,%nd prices are steady. Grain is active and
stock and receipts better. Flour—City Mill* continue
in good demand at old fjuotations. For Balin ' stuff
the demand is light, and prices are nominal. °
Wo refer togur price list for the current quotalmn
of the week.j 4
